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

This Statutory Instrument has been made in consequence of defects in S.I. 2015/810 and is being issued free of charge to all known recipients of that Statutory instrument.

Statutory Instruments

2015 No. 1391

Environmental Protection, England

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

Made

15th June 2015

Laid before Parliament

18th June 2015

Coming into force

19th July 2015

The 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”)(1) and makes these Regulations in exercise of the powers conferred by that section.

Title and commencement U.K.

1.  These Regulations may be cited as the Environmental Damage (Prevention and Remediation) (England) (Amendment) Regulations 2015 and come into force on 19th July 2015.

Amendments U.K.

2.—(1) The Environmental Damage (Prevention and Remediation) (England) Regulations 2015(2) are amended in accordance with the following paragraphs.

(2) In regulation 6(1) (areas of application)—

(a) in the table, in paragraph (c), after “Wales,” insert “and marine waters beyond 12 nautical miles from the baselines in Northern Ireland, in each case”; and

(b) in the footnote (numbered (1)) to the table, for “adjacent to”, where it first occurs, substitute “that form part of”.

(3) In regulation 11(1) (enforcing authorities in other cases), in the third entry of the column of the table headed “Area of damage”, for “All marine waters beyond 12 nautical miles from the baselines in England and the baselines in Wales,” substitute “All marine waters beyond 12 nautical miles from the baselines in England, all marine waters beyond 12 nautical miles from the baselines in Wales, and all marine waters beyond 12 nautical miles from the baselines in Northern Ireland, in each case”.

(4) In regulation 10(2), for “Board” substitute “Body”.

Rory Stewart

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

15th June 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 2015/810) (“the principal Regulations”) to extend the categories of environmental damage to include damage to marine waters beyond 12 nautical miles from the baselines in Northern Ireland. They also correct two other defects in those Regulations.

No impact assessment has been produced in respect of these Regulations as no, or no significant, impact on the costs of the private, voluntary or public sectors is foreseen. A full impact assessment of the effect the principal Regulations will have on the costs of business, the voluntary sector and the public sector is available from the Energy Development Unit, Offshore Oil & Gas Environment and Decommissioning Branch, Department of Energy and Climate Change, 3 Whitehall Place, London SW1A 2AW and, along with other Regulations transposing Directive 2013/30/EU, is published with the Explanatory Memorandum alongside the principal Regulations on www.legislation.gov.uk.

(1)

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).

(2)

S.I. 2015/810.