UNITED KINGDOM STATUTORY INSTRUMENT
2017 No. 1177
Environmental Protection, England
The Environmental Damage (Prevention and Remediation) (England) (Amendment) Regulations 2017
Made 23th November 2017
Laid before Parliament 30th November 2017
Coming into force 1st April 2018
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the environment.
S-1
Citation and commencementCitation and commencement
1. These Regulations may be cited as the Environmental Damage (Prevention and Remediation) (England) (Amendment etc.) Regulations 2017 and come into force on 1st April 2018.
S-2
Amendment of the Environmental Damage (Prevention and Remediation) (England) Regulations 2015
Amendment of the Environmental Damage (Prevention and Remediation) (England) Regulations 2015
2. The Environmental Damage (Prevention and Remediation) (England) Regulations 2015are amended as follows.
S-3
Amendment of regulation 2Amendment of regulation 2
3. In regulation 2(1)—
(a) in the definition of “local authority”, after “means” insert “(except in relation to a local authority in Wales)”;
(b) after the definition of “site of special scientific interest” insert—
““the Welsh zone” has the same meaning as in section 158(1) of the Government of Wales Act 2006.”.
S-4
Amendment of regulation 10Amendment of regulation 10
4.—(1) Regulation 10 is amended as follows.
(2) For paragraph (2) substitute—
“2 If the Environment Agency or the Natural Resources Body for Wales is responsible for granting the permit, these Regulations are to be enforced—
(a) if the damage is to marine waters in the Welsh zone, or to a natural habitat or protected species or a site of special scientific interest in those waters, by the Welsh Ministers;
(b) in any other case, by the Environment Agency.”.
(3) In paragraph (3)—
(a)
(a) in the words before sub-paragraph (a), for “the”, in the first place it occurs, substitute “a”;
(b)
(b) in sub-paragraph (b)—
(i) for paragraph (iv) substitute—
“(iv)
“(iv) the Secretary of State, if the damage is to marine waters lying beyond 12 nautical miles from the baselines in England, other than any lying in the Welsh zone, or to a natural habitat or protected species or a site of special scientific interest in those waters;”;
(ii) after paragraph (v) insert—
“(vi)
“(vi) the Welsh Ministers, if the damage is to marine waters in the Welsh zone, or to a natural habitat or protected species or a site of special scientific interest, in those waters.”.
(4) After paragraph (3) insert—
“4 If a local authority in Wales is responsible for granting the permit, these Regulations are to be enforced—
(a) if the damage is to marine waters in the Welsh zone, or to a natural habitat or protected species or a site of special scientific interest in those waters, by the Welsh Ministers;
(b) in any other case, by the Environment Agency.
5 In this regulation, “local authority in Wales” means a county council or a county borough council in Wales.”.
S-5
Amendment of regulation 11Amendment of regulation 11
5.—(1) Regulation 11 is amended as follows.
(2) For paragraph (1) substitute—
“1 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 2016, these Regulations are to be enforced in accordance with the provisions set out in the table in Schedule 2A.”.
(3) In paragraph (2)—
(a)
(a) in the words before the definitions, for “this regulation” substitute “Schedule 2A”;
(b)
(b) in the definition of “specified marine activity”, for paragraph (f) substitute—
“(f)
“(f) an activity (other than any specified in paragraphs (a) to (e)) which—
(i) is carried out in the Scottish zone or in an area outside the Scottish zone, but 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; and
(ii) relates to a matter which is a reserved matter by virtue of section D2 in Part 2 of Schedule 5 to the Scotland Act 1998 (oil and gas);
(g)
(g) an activity (other than any specified in paragraphs (a) to (e)) which—
(i) is carried out in the Welsh zone; and
(ii) relates to a matter which is a reserved matter by virtue of section D2 in Part D2 of Schedule 7A to the Government of Wales Act 2006 (oil and gas).”.
Amendment of regulation 20
6. In regulation 20, before paragraph (1), insert —
“A1 Where a responsible operator has received a notice from the enforcing authority under regulation 18, it must without delay identify potential remedial measures in accordance with Schedule 3 and submit them in writing to the enforcing authority for its approval.”.
S-7
Amendment of Schedule 1Amendment of Schedule 1
7. In Schedule 1, for paragraph 5 substitute—
“5.—(1) Damage to a protected site or natural habitat and damage to a site of special scientific interest do not include damage caused by an act expressly authorised by the relevant authorities in accordance with—
(a)
(a) the Conservation (Natural Habitats, &c.) Regulations 1994;
(b)
(b) the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001;
(c)
(c) the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007;
(d)
(d) the Conservation of Habitats and Species Regulations 2010;
(e)
(e) the Conservation of Habitats and Species Regulations 2017;
(f)
(f) the Conservation of Offshore Marine Habitats and Species Regulations 2017.
(2) Damage to sites of special scientific interest does not include, in the case of a site that is not a European site, damage caused by an act expressly authorised by the relevant authorities in accordance with Part 2 of the Wildlife and Countryside Act 1981.
(3) In sub-paragraph (2), “European site” has the same meaning as in regulation 8 of the Conservation of Habitats and Species Regulations 2010.”.
S-8
Insertion of new Schedule 2AInsertion of new Schedule 2A
8. After Schedule 2, insert Schedule 2A as set out in the Schedule.
Saving
9. In relation to damage caused before the date on which these Regulations come into force, nothing in regulation 7 affects the application of paragraph 5 of Schedule 1 to the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 as it had effect before that date.
Thérèse Coffey
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
23rd November 2017
SCHEDULE
Regulation 8
New Schedule 2A
“SCHEDULE 2A
Regulation 11(1)
Enforcing authority: activities not requiring a permit or registration under the Environmental Permitting (England and Wales) Regulations 2016
Type of environmental damage (in bold) and (where limited) area of environmental damage |
Enforcing authority |
Damage to land. |
The local authority |
Damage to surface water or groundwater. |
The Environment Agency |
Damage to marine waters out to 12 nautical miles from the baselines in England. |
The Marine Management Organisation |
Damage to marine waters beyond 12 nautical miles from (a) the baselines in England, or (b) the baselines in Northern Ireland, extending to the outermost reach of the area where the United Kingdom exercises jurisdictional rights. |
The Secretary of State |
(a) within the Welsh zone; or |
(a) if the damage was caused by anything done in the course of, or for the purpose of, a specified marine activity; or |
(b) within the Scottish zone, or outside the Scottish zone, but 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. |
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—
in the case of marine waters within the Welsh zone, section E3 in Part 2 of Schedule 7A to the Government of Wales...
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