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The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009

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InterpretationN.I.

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2.—(1) The Interpretation Act (Northern Ireland) 1954(1) applies to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(2) In these Regulations—

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

“area of special scientific interest” means an area declared under Article 28(1) of the Environment (Northern Ireland) Order 2002(2);

[F1”baseline” means the low-water line along the coast as defined in the Territorial Seas (Baseline) Order 2014]

“damage” means a measurable adverse change in a natural resource or measurable impairment of a natural resource service which may occur directly or indirectly;

“groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;

“imminent threat of damage” means a sufficient likelihood that environmental damage will occur in the near future;

“marine installation” means any artificial island, installation, platform or other artificial structure at sea, other than a pipeline or a vessel;

“natural habitats” means—

(a)

the habitats of species mentioned in [F2Article 4(1) of and Annex 1 to Directive 2009/147/EC of the European Parliament and of the Council] on the conservation of wild birds(3) or listed in Annex II to Directive [F2Directive 97/62/EC] on the conservation of natural habitats and of wild fauna and flora(4);

(b)

the natural habitats listed in Annex I to [F3Council Directive 97/62/EC] ; and

(c)

the breeding sites or resting places of the species listed in Annex IV to that Directive;

“natural resource” means—

(a)

protected species;

(b)

natural habitats;

(c)

species or habitat in an area of special scientific interest for which the site has been declared;

(d)

water; and

(e)

land;

“operator” means any natural or legal, private or public person who operates or controls the activity by means of delegated authority or otherwise and includes the holder of a permit or authorisation for such an activity;

[F4“river basin management plan” has the same meaning as in the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017.]

“Planning Appeals Commission” means the Planning Appeals Commission established under Article 110 of the Planning (Northern Ireland) Order 1991(5);

“protected species” means the species mentioned in [F5Article 4(1) of Directive 2009/147/EC of the European Parliament and of the Council] or listed in Annex I to that Directive or listed in [F5Annex II to Council Directive 97/62/EC and Annex IV to Council Directive 92/43/EEC] ;

“services” means the functions performed by a natural resource for the benefit of another natural resource or the public;

“vessel” means—

(a)

hovercraft, and

(b)

any other craft capable of travelling on, in or under water, whether or not self-propelled.

(3) Unless otherwise defined in these Regulations, expressions used in 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(6) [F6as last amended by Directive 2013/30/EU of the European Parliament and of the Council] have the same meaning in these Regulations.

[F7(4) A reference to Council Directive 1999/31/EC on the landfill of waste shall be construed as a reference to that Directive [F8as it had effect immediately before exit day].]

Textual Amendments

Commencement Information

I1Reg. 2 in operation at 24.7.2009, see reg. 1

(3)

O.J. No. L103, 25.4.79, p.1 (as last amended by Council Directive 2008/102/EC, O.J. No. L323, 3.12.08, p.31)

(4)

O.J. No. L206, 22.7.92, p.7 (as last amended by Council Directive 2006/105/EC, O.J. No. L363, 20.12.06, p.368)

(6)

O.J. No. L143, 30.4.04, p.56 (as amended by Directive 2006/21/EC, O.J. No. L102, 11.4.06, p.15)

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