Main goal of the new Law “On Environment Responsibility” is the legal regulation for prevention and mitigation of damage to the environment. Legal basis will be created as a result of approval of this Law, due to which if a significant damage occurs to the environment, all enterprises and not only those companies that are executing wide-scaled works, will have the liability to take relevant mitigation/elimination measures. In order to take those measures in a maximally small period of time, the companies/enterprises shall ensure mobilization of solid financial recourses prior to execution of their activities.
The current legislation is entirely built on the monetary responsibility for the damage to the environment. The amount paid in exchange for the damage to the environment will be transferred to the State budget and it will not have a definite purpose, it will be used for the implementation of such measures that will ensure recovery of the damaged environment.
Unlike the current regulation, the new Law introduces a completely new mechanism for environmental liability, which means compensation of damage not in cash, but taking of measures for mitigation /elimination of the damage.
The entity who had damaged the environment, will be solely responsible for the compensation and remedy of the damage results.
Act of the Law and the liability of execution of mitigation/elimination measures will apply the cases when the significant damage was occurred to the environment and in case of the minor damage, determination of the amount will made in accordance with the Technical Regulations of the Government of Georgia “On Monetary Compensation for Environmental Damage”. Sums paid for the monetary compensation of the damage will be transferred to the special accounts. Money accumulated on these accounts will be used for the recovery of the damaged environment.
The Law introduces important tools that will make the procedures of controlling the large industries more effective. In addition, the amendments made in the Law on Offenses will be attached to the Law, due to which the high penalty sanctions will be imposed on those enterprises, which will pollute the atmospheric air with harmful substances.
By adopting this law, there will be established a system of environmental responsibility which will be close to European standards, based on the Principle “the Contaminator shall pay” and the goal will be prevention of the damage to the environment and elimination/mitigation or recovery.