The Environmental Damage (Prevention and Remediation) (Amendment) Regulations 2010

Amendments

2.—(1) The Environmental Damage (Prevention and Remediation) Regulations 2009(1) are amended as follows.

(2) For regulation 11, substitute the following—

“Enforcing authorities in other cases

11.   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 2007 these Regulations are enforced in accordance with the following table.

Type of environmental damage	Area of damage	Enforcing Authority
(1) For the definition of “sea”, see below.
(2) For the definition of “installation abandonment measures”, see below.
“Sea” includes— (a) Any area submerged at mean high water spring tide; and (b) Each of the following, so far as the tide flows at mean high water spring tide— (i) every estuary or arm of the sea; and (ii) the waters of any channel, bay or river. “Installation abandonment measures” means any measures taken in connection with the abandonment of— (a) an offshore installation within the meaning of Part 4 of the Petroleum Act 1998,or submarine pipeline within the meaning of that Part, or (b) a carbon storage installation, within the meaning of section 30 of the Energy Act 2008, 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.”
Damage to water—		Environment Agency
Damage to protected species or natural habitats or a site of special scientific interest—	Land	Natural England
	Water but not in the sea(1)	Environment Agency
	Any part of the continental shelf or in the sea up to the limit of the renewable energy zone— which lies within the Scottish zone, as defined in section 126(1) and (2) of the Scotland Act 1998(2) or which lies outside the Scottish zone, but which is 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.	– if the damage was caused by anything done— (a) in the course of carrying on an activity for which a licence under section 3 of the Petroleum Act 1998(3) or section 2 of the Petroleum (Production) Act 1934(4) (licences to search for and get petroleum) is required, (b) for the purpose of constructing or maintaining a pipeline in respect of any part of which an authorisation (within the meaning of Part 3 of the Petroleum Act 1998) is in force, (c) for the purpose of establishing or maintaining an offshore installation (within the meaning of Part 4 of the Petroleum Act 1998), (d) in the course of taking any installation abandonment measures(2), (e) in the course of carrying on an activity for which a licence under section 4 or 18 of the Energy Act 2008(5) (gas unloading, storage and recovery, and carbon dioxide storage) is required, (f) in the course of carrying on an activity other than those specified in paragraphs (a) to (e), relating to a matter which is a reserved matter by virtue of section D2 (oil and gas) in Part 2 of Schedule 5 to the Scotland Act 1998(6), the Secretary of State;
		– in relation to the exercise of powers under Part 2 of these Regulations only, if the damage was caused by an activity relating to a matter which is a reserved matter by virtue of section E3 (marine transport) in Part 2 of Schedule 5 to the Scotland Act 1998, the Secretary of State;
		– otherwise the Scottish Ministers.
	Any other part of the continental shelf or in the sea up to the limit of the renewable energy zone	– if the damage is due to an activity authorised by the Environment Agency, the Environment Agency; – otherwise the Secretary of State
Damage to land—		Local authority

(1)

S.I. 2009/153, as amended by S.I. 2009/3275. The 2009 Regulations make provision for implementing in England, surrounding waters and in marine areas where the United Kingdom has jurisdiction beyond the territorial sea, 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.

(2)

1998 c. 46.

(3)

1998 c. 17.

(4)

1934 c. 36. Repealed by 1998 c. 17, Sch. 5 Pt. 1; but rights conferred by a licence granted under s.2 continue to have effect (1998 c. 17, Sch. 3 Pt II para. 4).

(5)

2008 c. 32.

(6)

1998 c. 46.