The Environmental Damage (Prevention and Remediation) (England) Regulations 2015
S.I. 2015/810 · Made 19 March 2015 · Extends to United Kingdom
Environmental Protection, England
Made 19th March 2015
Laid before Parliament 23rd March 2015
Coming into force 19th July 2015
M1M2The Secretary of State has been designated in respect of the environment for the purposes of section 2(2) of the European Communities Act 1972 (“the 1972 Act”) and makes these Regulations in exercise of the powers conferred by that section, as read with paragraph 1A of Schedule 2 to the 1972 Act, and section 14A(2)(a) of the Interpretation Act 1978 .
These Regulations make provision for a purpose mentioned in section 2(2) of, and paragraph 1A of Schedule 2 to, the 1972 Act and it appears to the Secretary of State that it is expedient for references to EU instruments in these Regulations (other than references 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 M3) to be construed as references to those instruments as amended from time to time.C1
Annotations to the whole text
Marginal citations
- M1
1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006.
- M2
1978 c.30. Section 14A was inserted by section 59(1) and (2) of the Enterprise and Regulatory Reform Act 2013 (c.24).
- M3
OJ No. L 143, 30.4.2004, p.56; last amended by Directive 2013/30/EU of the European Parliament and of the Council (OJ No. L 178, 28.6.2013, p.66).
Modifications
- C1
Regulations power to amend, repeal or revoke conferred (26.12.2023) by 1991 c. 56, s. 91N(3) (as inserted by Levelling Up and Regeneration Act 2023 (c. 55), ss. 168(1), 255(6) (with s. 247))
Contents
- Part 1: Introductory Provisions
- 1Title, commencement and application
- 2Interpretation
- 3References to EU instruments
- 4Meaning of “environmental damage”
- 5Environmental damage to which these Regulations apply
- 6Areas of application
- 7Other legislation
- 8Exemptions
- 9Exclusion from damage to water
- 9ANutrient significant sewage disposal works: environmental damage
- 10Enforcing authorities under the Environmental Permitting (England and Wales) Regulations 2016
- 11Enforcing authorities in other cases
- 12Enforcement
- Part 2: Preventing Environmental Damage
- 13Preventing environmental damage
- 14Preventing further environmental damage
- 15Action by the enforcing authority
- 16Following instructions from a public authority
- Part 3: Remediation
- 17Assessment of damage
- 18Determining liability to remediate
- 18AReporting by enforcing authorities
- 19Appeals against liability to remediate
- 20Remediation notices
- 21Appeal against a remediation notice
- 22Further provisions on remediation notices
- 23Action by the enforcing authority
- Part 4: Administration, Enforcement and Review
- 24Costs when the enforcing authority acts instead of the operator
- 25Costs concerned with administration
- 26Proceedings for costs by an enforcing authority
- 27Costs recoverable from owner to be a charge on premises
- 28Recovery of costs from other persons
- 29Requests for action by interested parties
- 30Grant of and compensation for rights of entry etc.
- 31Powers of authorised persons
- 32Provision of information to the enforcing authority
- 33Enforcement
- 34Penalties
- 35Review
- Part 5: Revocations
- 36Revocations
- Signature
- Schedule 1: Damage to Protected Species, Natural Habitats and Sites of Special Scientific Interest
- 1Damage to a protected species or natural habitat
- 2Conservation status of natural habitats
- 3Conservation status of species
- 4Sites of special scientific interest
- 5Express authorisation
- Schedule 2: Activities causing damage
- 1Operations to which this Schedule applies
- 1AInterpretation
- 2Operation of permitted installations
- 3Waste management operations
- 4Mining waste
- 5Discharges requiring authorisation
- 6Water abstraction and impoundment
- 7Dangerous substances, plant protection products and biocidal products
- 8Transport
- 9Genetically modified organisms
- 10Transboundary shipment of waste
- 11Operation of carbon dioxide storage sites
- Schedule 2ZA: Modifications where regulation 9A applies
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 2AEnforcing authority: activities not requiring a permit or registration under the Environmental Permitting (England and Wales) Regulations 2016
- Schedule 3: Remediation
- Part 1: Remediation of Damage to Natural Resources other than Land
- 1Application of Part 1
- 2Risk to human health
- 3Objective
- 4Primary and complementary remediation
- 5Compensatory remediation
- 6Choice of remediation
- 7Identification of complementary and compensatory remediation
- 8Options
- Part 2: Remediation of Damage to Land
- 9Remediation of damage to land
- Schedule 4: Permits etc.
- 1Paragraph 1
- Schedule 5: Procedures for Appeals
- Part 1: General
- 1Paragraph 1
- Part 2: Appeals When the Secretary of State is Not the Enforcing Authority
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Part 3: Appeals When the Secretary of State is the Enforcing Authority
- 13Paragraph 13
- Schedule 6: Compensation
- 1Compensation for grant of rights
- 2Interpretation
- 3Period for making an application
- 4Manner of making an application
- 5Loss and damage for which compensation is payable
- 6Basis on which compensation is assessed
- 7Determination of disputes
- Explanatory note