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The Environmental Damage (Prevention and Remediation) (England) Regulations 2015

S.I. 2015/810 · Made 19 March 2015 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 16 July 2026.

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

  1. Part 1: Introductory Provisions
  2. 1Title, commencement and application
  3. 2Interpretation
  4. 3References to EU instruments
  5. 4Meaning of “environmental damage”
  6. 5Environmental damage to which these Regulations apply
  7. 6Areas of application
  8. 7Other legislation
  9. 8Exemptions
  10. 9Exclusion from damage to water
  11. 9ANutrient significant sewage disposal works: environmental damage
  12. 10Enforcing authorities under the Environmental Permitting (England and Wales) Regulations 2016
  13. 11Enforcing authorities in other cases
  14. 12Enforcement
  15. Part 2: Preventing Environmental Damage
  16. 13Preventing environmental damage
  17. 14Preventing further environmental damage
  18. 15Action by the enforcing authority
  19. 16Following instructions from a public authority
  20. Part 3: Remediation
  21. 17Assessment of damage
  22. 18Determining liability to remediate
  23. 18AReporting by enforcing authorities
  24. 19Appeals against liability to remediate
  25. 20Remediation notices
  26. 21Appeal against a remediation notice
  27. 22Further provisions on remediation notices
  28. 23Action by the enforcing authority
  29. Part 4: Administration, Enforcement and Review
  30. 24Costs when the enforcing authority acts instead of the operator
  31. 25Costs concerned with administration
  32. 26Proceedings for costs by an enforcing authority
  33. 27Costs recoverable from owner to be a charge on premises
  34. 28Recovery of costs from other persons
  35. 29Requests for action by interested parties
  36. 30Grant of and compensation for rights of entry etc.
  37. 31Powers of authorised persons
  38. 32Provision of information to the enforcing authority
  39. 33Enforcement
  40. 34Penalties
  41. 35Review
  42. Part 5: Revocations
  43. 36Revocations
  44. Signature
  45. Schedule 1: Damage to Protected Species, Natural Habitats and Sites of Special Scientific Interest
  46. 1Damage to a protected species or natural habitat
  47. 2Conservation status of natural habitats
  48. 3Conservation status of species
  49. 4Sites of special scientific interest
  50. 5Express authorisation
  51. Schedule 2: Activities causing damage
  52. 1Operations to which this Schedule applies
  53. 1AInterpretation
  54. 2Operation of permitted installations
  55. 3Waste management operations
  56. 4Mining waste
  57. 5Discharges requiring authorisation
  58. 6Water abstraction and impoundment
  59. 7Dangerous substances, plant protection products and biocidal products
  60. 8Transport
  61. 9Genetically modified organisms
  62. 10Transboundary shipment of waste
  63. 11Operation of carbon dioxide storage sites
  64. Schedule 2ZA: Modifications where regulation 9A applies
  65. 1Paragraph 1
  66. 2Paragraph 2
  67. 3Paragraph 3
  68. 4Paragraph 4
  69. 5Paragraph 5
  70. 6Paragraph 6
  71. Schedule 2AEnforcing authority: activities not requiring a permit or registration under the Environmental Permitting (England and Wales) Regulations 2016
  72. Schedule 3: Remediation
  73. Part 1: Remediation of Damage to Natural Resources other than Land
  74. 1Application of Part 1
  75. 2Risk to human health
  76. 3Objective
  77. 4Primary and complementary remediation
  78. 5Compensatory remediation
  79. 6Choice of remediation
  80. 7Identification of complementary and compensatory remediation
  81. 8Options
  82. Part 2: Remediation of Damage to Land
  83. 9Remediation of damage to land
  84. Schedule 4: Permits etc.
  85. 1Paragraph 1
  86. Schedule 5: Procedures for Appeals
  87. Part 1: General
  88. 1Paragraph 1
  89. Part 2: Appeals When the Secretary of State is Not the Enforcing Authority
  90. 2Paragraph 2
  91. 3Paragraph 3
  92. 4Paragraph 4
  93. 5Paragraph 5
  94. 6Paragraph 6
  95. 7Paragraph 7
  96. 8Paragraph 8
  97. 9Paragraph 9
  98. 10Paragraph 10
  99. 11Paragraph 11
  100. 12Paragraph 12
  101. Part 3: Appeals When the Secretary of State is the Enforcing Authority
  102. 13Paragraph 13
  103. Schedule 6: Compensation
  104. 1Compensation for grant of rights
  105. 2Interpretation
  106. 3Period for making an application
  107. 4Manner of making an application
  108. 5Loss and damage for which compensation is payable
  109. 6Basis on which compensation is assessed
  110. 7Determination of disputes
  111. Explanatory note