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The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009
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Meaning of “environmental damage”N.I.
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3.—[F1(1) Subject to regulations 5, 6 and 7, these Regulations apply to environmental damage to—
(a)Protected species or natural habitats, or an area of special scientific interest;
(b)Surface water or groundwater;
(c)Marine waters; or
(d)Land.]
(2) Environmental damage to protected species or natural habitats or an area of special scientific interest means damage of a kind specified in Schedule 1 if it is caused by—
(a)an activity in Schedule 2; or
(b)an activity where the operator was at fault or was negligent as to whether such damage would be caused.
(3) Environmental damage to surface water means damage to a body of surface water classified as such pursuant to Annex II to Council Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy(1) [F2as last amended by Commission Directive 2014/101/EU,] caused by an activity in Schedule 2 such that one of the—
(a)biological quality elements listed in Annex V to that Directive;
(b)level of one of the chemicals listed in the legislation in Annex IX or a chemical listed in Annex X to that Directive [F3as amended by Directive 2013/39/EU of the European Parliament and of the Council]; or
(c)physicochemical quality elements (as listed in Annex V to that Directive),
is adversely affected in such a way that its value changes to a value consistent with the water being classified as a lower status than before the damage (whether or not the body of water is, in fact, reclassified).
(4) Environmental damage to groundwater means any adverse effect on a body of groundwater as described in Annex II to Directive 2000/60/EC on—
(a)its conductivity or its level (both of which are specified in Annex V to Directive 2000/60/EC); or
(b)its concentration of pollutants (as specified in that Annex and in Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration(2)) [F4as amended by Commission Directive 2014/80/EU]
in such a way that the value changes to a value consistent with the water being classified as a lower status than before the damage caused by an activity in Schedule 2 (whether or not the body of water is, in fact, reclassified).
[F5(4A) Environmental damage to marine waters means damage to marine waters classified as such pursuant to Directive 2008/56/EC of the European Parliament and of the Council establishing a framework for community action in the field of marine environmental policy, such that their environmental status is significantly adversely affectedF6...] .
(5) Environmental damage to land means contamination of land by substances, preparations, organisms or micro-organisms arising out of an activity specified in Schedule 2 that results in a significant risk of adverse effects on human health.
(6) This regulation extends to the foreshore, sea bed and subsoil and their natural resources.
Textual Amendments
F1Reg. 3(1) substituted (19.7.2015) by The Environmental Liability (Prevention and Remediation) (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/231), regs. 1(1), 2(4)
F2Words in reg. 3(3) inserted (24.12.2018) by The Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (S.R. 2018/200), reg. 1(1), Sch. 1 para. 25(a)
F3Words in reg. 3(3)(b) added (24.12.2018) by The Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (S.R. 2018/200), reg. 1(1), Sch. 1 para. 25(b)
F4Words in reg. 3(4)(b) added (24.12.2018) by The Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (S.R. 2018/200), reg. 1(1), Sch. 1 para. 25(c)
F5Reg. 3(4A) inserted (19.7.2015) by The Environmental Liability (Prevention and Remediation) (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/231), regs. 1(1), 2(5)
F6Words in reg. 3(4A) omitted (31.12.2020) by virtue of The Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/584), regs. 1, 40; 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1Reg. 3 in operation at 24.7.2009, see reg. 1
(1)
O.J. No. L327, 22.12.00, p.1 (as last amended by Directive 2008/105/EC of the European Parliament and of the Council, O.J. No. L348, 24.12.08, p.84)
(2)
O.J. No. L372, 27.12.06, p.19
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