Regulation 2 InterpretationI1

The Interpretation Act (Northern Ireland) 1954^f1 applies to these Regulations as it applies to an Act of the Northern Ireland Assembly.

In these Regulations—

• “activity” means any economic activity, whether public or private and whether or not carried out for profit;

• “area of special scientific interest” means an area declared under Article 28(1) of the Environment (Northern Ireland) Order 2002^f2;

• F1”baseline” means the low-water line along the coast as defined in the Territorial Seas (Baseline) Order 2014

• “damage” means a measurable adverse change in a natural resource or measurable impairment of a natural resource service which may occur directly or indirectly;

• “groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;

• “imminent threat of damage” means a sufficient likelihood that environmental damage will occur in the near future;

• “marine installation” means any artificial island, installation, platform or other artificial structure at sea, other than a pipeline or a vessel;

• “natural habitats” means—

  1. (a)

     the habitats of species mentioned in F2Article 4(1) of and Annex 1 to Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds^f3 or listed in Annex II to Directive Directive 97/62/EC on the conservation of natural habitats and of wild fauna and flora^f4;

  2. (b)

     the natural habitats listed in Annex I to F3Council Directive 97/62/EC ; and

  3. (c)

     the breeding sites or resting places of the species listed in Annex IV to that Directive;

• “natural resource” means—

  1. (a)

     protected species;

  2. (b)

     natural habitats;

  3. (c)

     species or habitat in an area of special scientific interest for which the site has been declared;

  4. (d)

     water; and

  5. (e)

     land;

• “operator” means any natural or legal, private or public person who operates or controls the activity by means of delegated authority or otherwise and includes the holder of a permit or authorisation for such an activity;

• F4“river basin management plan” has the same meaning as in the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017.

• “Planning Appeals Commission” means the Planning Appeals Commission established under Article 110 of the Planning (Northern Ireland) Order 1991^f5;

• “protected species” means the species mentioned in F5Article 4(1) of Directive 2009/147/EC of the European Parliament and of the Council or listed in Annex I to that Directive or listed in Annex II to Council Directive 97/62/EC and Annex IV to Council Directive 92/43/EEC ;

• “services” means the functions performed by a natural resource for the benefit of another natural resource or the public;

• “vessel” means—

  1. (a)

     hovercraft, and

  2. (b)

     any other craft capable of travelling on, in or under water, whether or not self-propelled.

Unless otherwise defined in these Regulations, expressions used in 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^f6 F6as last amended by Directive 2013/30/EU of the European Parliament and of the Council have the same meaning in these Regulations.

A reference to Council Directive 1999/31/EC on the landfill of waste shall be construed as a reference to that Directive F8as it had effect immediately before exit day.