PART 1Introductory Provisions

Interpretation2

1

In these Regulations—

  • activity” means any economic activity, whether public or private and whether or not carried out for profit;

  • baselines” means the baselines from which the breadth of the territorial sea is measured for the purposes of the Territorial Sea Act 1987 M1;

  • Directive 2000/60/EC” means Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy M2;

  • Directive 2004/35/EC” means 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;

  • enforcing authority” means the person or body responsible for enforcing these Regulations, in accordance with regulation 10 or 11;

  • local authority” means F1(except in relation to a local authority in Wales)

    1. a

      where there is a unitary authority for a local government area, that authority;

    2. b

      where there is not a unitary authority—

      1. i

        in a metropolitan district, the council of that district;

      2. ii

        in a non-metropolitan county, the district council;

      3. iii

        in each London borough, the council of that borough;

      4. iv

        in the City of London, the Common Council;

      5. v

        on the Isles of Scilly, the Council of the Isles of Scilly;

  • marine waters” means waters classified as marine waters 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 M3;

  • natural habitat” means—

    1. a

      the habitats of species mentioned in Article 4(2) of, or Annex I to, Council Directive 2009/147/EC on the conservation of wild birds M4 or listed in Annex II to Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora M5;

    2. b

      the natural habitats listed in Annex I to Council Directive 92/43/EEC; and

    3. c

      the breeding sites or resting places of the species listed in Annex IV to Council Directive 92/43/EEC;

  • natural resources” means—

    1. a

      a protected species;

    2. b

      a natural habitat;

    3. c

      a species or habitat on a site of special scientific interest by reason of which the site has been notified under section 28 of the Wildlife and Countryside Act 1981 M6;

    4. d

      water; and

    5. e

      land;

  • operator” means the person who operates or controls an activity, including the holder of a permit or authorisation relating to that activity, or the person registering or notifying an activity for the purposes of any enactment;

  • protected species” means a species of a kind mentioned in Article 4(2) of Council Directive 2009/147/EC or listed in Annex I to that Directive or Annexes II and IV to Council Directive 92/43/EEC;

  • remediation notice” means a notice served in accordance with regulation 20(2);

  • responsible operator” means the operator in relation to an activity that has caused environmental damage;

  • the Scottish zone” has the meaning it has in the Scotland Act 1998 M7;

  • services” means the functions performed by natural resources which benefit other natural resources or the public;

  • site of special scientific interest” has the same meaning as in the Wildlife and Countryside Act 1981 M8.

  • F2“the Welsh zone” has the same meaning as in section 158(1) of the Government of Wales Act 2006.

2

Unless otherwise defined in these Regulations, expressions used in Directive 2004/35/EC have the same meaning in these Regulations.