Explanatory note

These Regulations amend the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 2015/810) (“the 2015 Regulations”). They make certain provision to implement Directive 2004/35/EC of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage (OJ No L143, 30.4.2004, p 56) (“Directive 2004/35/EC”).

Regulation 3 inserts a definition of “the Welsh zone”. In this zone, regulations 4 and 5 provide the Welsh Ministers with powers in relation environmental damage, except where the damage is caused by certain specified operations regulated on a United Kingdom-wide basis.

Regulation 6 amends regulation 20 of the 2015 Regulations, to require operators to identify potential remedial measures and submit them to the enforcement authority.

Regulation 7 amends Schedule 1 to the 2015 Regulations to ensure proper transposition of Directive 2004/35/EC. The amendment addresses damage to a site of scientific interest which is also a European site (as defined in regulation 8 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012)). It provides that damage caused by an act expressly authorised by the relevant authorities in accordance with Part 2 of the Wildlife and Countryside Act 1981 (c. 69) (“the 1981 Act”) is not automatically excluded from the scope of the 2015 Regulations. Such damage will continue to be excluded if the authorisation under the 1981 Act was granted in accordance with legislation transposing Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (OJ No L 206, 22.7.1992, p 7). There is a saving in this regard at regulation 9.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.