5.—(1) These Regulations apply in relation to environmental damage if it is caused by an activity mentioned in Schedule 2.
(2) In the case of environmental damage to a protected species or natural habitat or a site of special scientific interest, these Regulations also apply in relation to environmental damage caused by any other activity if the operator—
(a)intended to cause environmental damage; or
(b)was negligent as to whether environmental damage would be caused.