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

Areas of application U.K.

6.—(1) Environmental damage is relevant for the purposes of these Regulations only if the damage, of a type specified in the first column of the following table, occurs in an area specified in the second column of that table in relation to damage of that type.

1 These areas do not include areas [F1 that form part of] Northern Ireland, Scotland or Wales or the territorial sea adjacent to the Isle of Man, Jersey or Guernsey; and for these purposes—
(i) “Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006 M1 ;
(ii) “Scotland” has the meaning given by section 126(1) of the Scotland Act 1998; and
(iii) “Northern Ireland” has the meaning given by section 98 of the Northern Ireland Act 1998 M2 .
Type of damage	Area in which these Regulations apply
Damage to surface water or groundwater	England and all waters up to one nautical mile seaward from the baselines in England.
Damage to marine waters	All marine waters within any of the following descriptions—
	(a) marine waters up to one nautical mile seaward from the baselines in England so far as not already addressed as damage to surface water or groundwater;
	(b) marine waters from one nautical mile seaward from the baselines in England, extending to the outermost reach of the area where the United Kingdom exercises jurisdictional rights, in accordance with UNCLOS;
	(c) marine waters beyond 12 nautical miles from the baselines in Wales, [F2 and marine waters beyond 12 nautical miles from the baselines in Northern Ireland, in each case] extending to the outermost reach of the area where the United Kingdom exercises jurisdictional rights, in accordance with UNCLOS;
	(d) marine waters up to the limit of the exclusive economic zone which lies within the Scottish zone, or which lies outside the Scottish zone, but 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.
Damage in a site of special scientific interest	England
Damage to a protected species or natural habitat	England, the seabed out to the limits of the continental shelf1, and anywhere within marine waters, other than the seabed, out to the limits of the exclusive economic zone1.
Damage to land	England

(2) In the table in paragraph (1)—

“the continental shelf” means the areas designated by Order in Council under section 1(7) of the Continental Shelf Act 1964 M3 ;

“the exclusive economic zone” means the areas designated by the Exclusive Economic Zone Area Order 2013 M4 ; and

“UNCLOS” means the United Nations Convention on the Law of the Sea, which opened for signature on 10th December 1982 M5 .

Textual Amendments

F1 Words in reg. 6(1) substituted (19.7.2015) by The Environmental Damage (Prevention and Remediation) (England) (Amendment) Regulations 2015 (S.I. 2015/1391), regs. 1, 2(2)(b)

F2 Words in reg. 6(1) table inserted (19.7.2015) by The Environmental Damage (Prevention and Remediation) (England) (Amendment) Regulations 2015 (S.I. 2015/1391), regs. 1, 2(2)(a)

Marginal Citations

M1 2006 c.32.

M2 1998 c.47.

M3 1964 c.29. Areas are currently designated under section 1(7) by S.I. 2013/3162 (which revoked S.I. 2000/3062 and 2001/3670, subject to a saving in respect of the Continental Shelf (Designation of Areas) Orders 1964 to 1982). Section 1(7) was amended by paragraph 1 of Schedule 3 to the Oil and Gas (Enterprise) Act 1982 (c.23) and by section 103 of the Energy Act 2011 (c.16).

M4 S.I. 2013/3161.

M5 The Convention entered into force on 16th November 1994. It was approved on behalf of the European Community by Council Decision 98/392/EC concerning the conclusion by the European Community of the United Nations Convention of 10th December 1982 on the Law of the Sea and the Agreement of 28th July 1994 relating to the implementation of Part XI thereof (OJ No. L 179, 23.6.1998, p.1).