Environmental Damage (Prevention and Remediation) (England) (Amendment) Regulations 2017 (S.I. No. 1177 of 2017).

Subject

Environment gen., Sea, Wild species & ecosystems

Keyword

Liability/compensation Polluter pays principle Marine pollution Enforcement/compliance Protected area Protection of habitats

Geographical area

Atlantic Ocean Islands, Europe, Europe and Central Asia, North Atlantic, North Sea, North-East Atlantic, Northern Europe

Abstract

These Regulations amend the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 to require operators to identify potential remedial measures for damage caused by marine pollution and submit them to the enforcement authority (regulation 20) and to provide for proper transposition of Directive 2004/35/EC (Schedule 1). The latter amendment addresses damage to a site of scientific interest which is also a European site (as defined in S.I. 2017/1012). It provides that damage caused by an act expressly authorised by the relevant authorities in accordance with Part 2 of the Wildlife and Countryside Act 1981 is not automatically excluded from the scope of the 2015 Regulations. Such damage will continue to be excluded if the authorisation under the 1981 Act was granted in accordance with legislation transposing Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.

Full text

English

Website

www.opsi.gov.uk

References - Legislation

Implements

Directive 2009/123/EC of the European Parliament and of the Council amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements.

Legislation | European Union | 2009

Keyword: Marine pollution, Offences/penalties, Pollution control, Freshwater pollution, Liability/compensation

Source: FAO, FAOLEX

Amends

Environmental Damage (Prevention and Remediation) Regulations 2015 (S.I. No. 810 of 2015).

Legislation | United Kingdom | 2015

Keyword: Liability/compensation, Polluter pays principle, Protection of habitats, Soil pollution/quality, Enforcement/compliance, Freshwater pollution, Groundwater, Pollution control

Source: FAO, FAOLEX