# The Environmental Damage (Prevention and Remediation) (England) (Amendment) Regulations 2019

S.I. 2019/1285 · made 26 September 2019

These Regulations amend the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 2015/810). They relate to the implementation of Article 3 of Regulation (EU) 2019/1010 of the European Parliament and of the Council on the alignment of reporting obligations in the field of legislation related to the environment (OJ No. L 170, 25.6.2019, p. 115). This amends Article 18 of, and Annex 6 to, 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. L 143, 30.4.2004, p. 56).

Made under: European Communities Act 1972 (repealed) (Section 2)

PDFs: Printed copy https://openlegislation.uk/environmental-damage-prevention-and-remediation-england-amendment-regulations-2019/pdf/uksi_20191285_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/environmental-damage-prevention-and-remediation-england-amendment-regulations-2019/pdf/uksiem_20191285_en.pdf

## Introductory text

Environmental Protection, England
Made 26th September 2019
Laid before Parliament 27th September 2019
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the environment.

## 1 Citation and commencement

These Regulations may be cited as the Environmental Damage (Prevention and Remediation) (England) (Amendment) Regulations 2019 and come into force 21 days after the day on which they are laid.

## 2 Amendment of the Environmental Damage (Prevention and Remediation) (England) Regulations 2015

After regulation 18 of the Environmental Damage (Prevention and Remediation) (England) Regulations 2015, insert—
“Reporting by enforcing authorities
18A. (1) Where an enforcing authority has served a responsible operator with notification under regulation 18(1) after the coming into force of this regulation, the enforcing authority must, as soon as reasonably practicable, notify the Secretary of State of the relevant environmental damage.
(2) The notification provided to the Secretary of State under paragraph (1) must contain the following information—
(a) the type of environmental damage, according to the categorisations set out in regulation 4(1)(a) to (d),
(b) the date on which the environmental damage occurred or was discovered, and
(c) the activity which caused the environmental damage, according to the list set out in Schedule 2, except in cases where regulation 5(2) applies.
(3) The Secretary of State may require an enforcing authority to provide such other information in relation to the environmental damage as the Secretary of State may reasonably request.”.

## Signature

Rebecca Pow
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
26th September 2019

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 2015/810). They relate to the implementation of Article 3 of Regulation (EU) 2019/1010 of the European Parliament and of the Council on the alignment of reporting obligations in the field of legislation related to the environment (OJ No. L 170, 25.6.2019, p. 115). This amends Article 18 of, and Annex 6 to, 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. L 143, 30.4.2004, p. 56).
Regulation 2 inserts a new provision which requires enforcing authorities to report certain information relating to cases of environmental damage to the Secretary of State.
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.

---
Source: https://www.legislation.gov.uk/uksi/2019/1285 (the official version)
Page: https://openlegislation.uk/environmental-damage-prevention-and-remediation-england-amendment-regulations-2019
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.