Regulation 3 Meaning of “environmental damage”I1

Northern Ireland

F1(1)

Subject to regulations 5, 6 and 7, these Regulations apply to environmental damage to—

(a)

Protected species or natural habitats, or an area of special scientific interest;

(b)

Surface water or groundwater;

(c)

Marine waters; or

(d)

Land.

(2)

Environmental damage to protected species or natural habitats or an area of special scientific interest means damage of a kind specified in Schedule 1 if it is caused by—

(a)

an activity in Schedule 2; or

(b)

an activity where the operator was at fault or was negligent as to whether such damage would be caused.

(3)

Environmental damage to surface water means damage to a body of surface water classified as such pursuant to Annex II to Council Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy^f1 F2as last amended by Commission Directive 2014/101/EU, caused by an activity in Schedule 2 such that one of the—

(a)

biological quality elements listed in Annex V to that Directive;

(b)

level of one of the chemicals listed in the legislation in Annex IX or a chemical listed in Annex X to that Directive F3as amended by Directive 2013/39/EU of the European Parliament and of the Council; or

(c)

physicochemical quality elements (as listed in Annex V to that Directive),

is adversely affected in such a way that its value changes to a value consistent with the water being classified as a lower status than before the damage (whether or not the body of water is, in fact, reclassified).

(4)

Environmental damage to groundwater means any adverse effect on a body of groundwater as described in Annex II to Directive 2000/60/EC on—

(a)

its conductivity or its level (both of which are specified in Annex V to Directive 2000/60/EC); or

(b)

its concentration of pollutants (as specified in that Annex and in Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration^f2) F4as amended by Commission Directive 2014/80/EU

in such a way that the value changes to a value consistent with the water being classified as a lower status than before the damage caused by an activity in Schedule 2 (whether or not the body of water is, in fact, reclassified).

F5(4A)

Environmental damage to marine waters means damage to marine waters classified as such pursuant to Directive 2008/56/EC of the European Parliament and of the Council establishing a framework for community action in the field of marine environmental policy, such that their environmental status is significantly adversely affectedF6... .

(5)

Environmental damage to land means contamination of land by substances, preparations, organisms or micro-organisms arising out of an activity specified in Schedule 2 that results in a significant risk of adverse effects on human health.

(6)

This regulation extends to the foreshore, sea bed and subsoil and their natural resources.

Annotations

Textual amendments

F1: Reg. 3(1) substituted (19.7.2015) by The Environmental Liability (Prevention and Remediation) (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/231), regs. 1(1), 2(4)
F2: Words in reg. 3(3) inserted (24.12.2018) by The Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (S.R. 2018/200), reg. 1(1), Sch. 1 para. 25(a)
F3: Words in reg. 3(3)(b) added (24.12.2018) by The Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (S.R. 2018/200), reg. 1(1), Sch. 1 para. 25(b)
F4: Words in reg. 3(4)(b) added (24.12.2018) by The Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (S.R. 2018/200), reg. 1(1), Sch. 1 para. 25(c)
F5: Reg. 3(4A) inserted (19.7.2015) by The Environmental Liability (Prevention and Remediation) (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/231), regs. 1(1), 2(5)
F6: Words in reg. 3(4A) omitted (31.12.2020) by virtue of The Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/584), regs. 1, 40; 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1: Reg. 3 in operation at 24.7.2009, see reg. 1

Footnotes

f1: O.J. No. L327, 22.12.00, p.1 (as last amended by Directive 2008/105/EC of the European Parliament and of the Council, O.J. No. L348, 24.12.08, p.84)
f2: O.J. No. L372, 27.12.06, p.19