Regulation 11 Enforcing authorities in other cases

If the damage caused is caused by an activity that does not require a permit or registration under the Environmental Permitting (England and Wales) Regulations 2016, these Regulations are to be enforced in accordance with the provisions set out in the table in Schedule 2A.

For the purposes of F2Schedule 2A —

• “installation abandonment measures” means any measures taken in connection with the abandonment of—

  1. (a)

     an offshore installation within the meaning of Part 4 of the Petroleum Act 1998 M1, or submarine pipeline within the meaning of that Part, or

  2. (b)

     a carbon storage installation, within the meaning of section 30 of the Energy Act 2008 M2,

  in either case, whether or not the measures are taken in pursuance of an abandonment programme under Part 4 of the Petroleum Act 1998, or under that Part as it applies by virtue of section 30 of the Energy Act 2008;

• “sea” includes—

  1. (a)

     any area of land submerged at mean high water spring tide; and

  2. (b)

     each of the following, so far as the tide flows at mean high water spring tide—

     1. (i)

        the waters of every estuary or arm of the sea; and

     2. (ii)

        the waters of any channel, bay or river;

• “specified marine activity” means—

  1. (a)

     an activity for which a licence under section 3 of the Petroleum Act 1998 or section 2 of the Petroleum (Production) Act 1934 M3 (licences to search for and get petroleum) is (or was) required;

  2. (b)

     constructing or maintaining a pipeline in respect of any part of which an authorisation (within the meaning of Part 3 M4 of the Petroleum Act 1998) is in force;

  3. (c)

     establishing or maintaining an offshore installation (within the meaning of Part 4 M5 of the Petroleum Act 1998);

  4. (d)

     taking any installation abandonment measures;

  5. (e)

     an activity for which a licence under section 4 or 18 of the Energy Act 2008 M6 (gas unloading, storage and recovery and carbon dioxide storage) is required;

  6. (f)

     F3an activity (other than any specified in paragraphs (a) to (e)) which—

     1. (i)

        is carried out in the Scottish zone or in an area outside the Scottish zone, but nearer to any point on the baselines from which the breadth of the territorial sea adjacent to Scotland is measured than to any point on the baselines in any other part of the United Kingdom; and

     2. (ii)

        relates to a matter which is a reserved matter by virtue of section D2 in Part 2 of Schedule 5 to the Scotland Act 1998 (oil and gas);

  7. (g)

     an activity (other than any specified in paragraphs (a) to (e)) which—

     1. (i)

        is carried out in the Welsh zone; and

     2. (ii)

        relates to a matter which is a reserved matter by virtue of section D2 in Part D2 of Schedule 7A to the Government of Wales Act 2006 (oil and gas).