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The Environmental Damage (Prevention and Remediation) Regulations 2009

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART 1 Introductory provisions

    1. 1.Title, commencement and application

    2. 2.Interpretation

    3. 3.References to Community instruments

    4. 4.Meaning of “environmental damage”

    5. 5.Environmental damage to which these Regulations apply

    6. 6.Areas of application

    7. 7.Other legislation

    8. 8.Exemptions

    9. 9.Exemption from damage to water

    10. 10.Enforcing authorities under the Environmental Permitting (England and Wales) Regulations 2007

    11. 11.Enforcing authorities in other cases

    12. 12.Enforcement

  3. PART 2 Preventing environmental damage

    1. 13.Preventing environmental damage

    2. 14.Preventing further environmental damage

    3. 15.Action by the enforcing authority

    4. 16.Following instructions from a public authority

  4. PART 3 Remediation

    1. 17.Assessment of damage

    2. 18.Determining liability to remediate

    3. 19.Appeals against liability to remediate

    4. 20.Remediation notices

    5. 21.Appeal against the remediation notice

    6. 22.Further provisions on remediation notices

    7. 23.Action by the enforcing authority

  5. PART 4 Administration and enforcement

    1. 24.Costs when the enforcing authority acts instead of the operator

    2. 25.Costs concerned with administration

    3. 26.Proceedings for costs by an enforcing authority

    4. 27.Costs recoverable from owner to be a charge on premises

    5. 28.Recovery of costs from other persons

    6. 29.Requests for action by interested parties

    7. 30.Grant of and compensation for rights of entry etc.

    8. 31.Powers of authorised persons

    9. 32.Provision of information to the enforcing authority

    10. 33.Enforcement

    11. 34.Penalties

  6. Signature

    1. SCHEDULE 1

      Damage to protected species, natural habitats and sites of special scientific interest

      1. 1.Damage to protected species and natural habitats

      2. 2.Conservation status of natural habitats

      3. 3.Conservation status of species

      4. 4.Sites of special scientific interest

      5. 5.Express authorisation

    2. SCHEDULE 2

      Activities causing damage

      1. 1.Operations to which this Schedule applies

      2. 2.Operation of permitted installations

      3. 3.Waste management operations

      4. 4.Mining waste

      5. 5.Discharges requiring authorisation

      6. 6.Water abstraction and impoundment

      7. 7.Dangerous substances, plant protection products and biocidal products

      8. 8.Transport

      9. 9.Genetically modified organisms

      10. 10.Transboundary shipment of waste

    3. SCHEDULE 3

      Permits, etc.

      1. 1.The following are permits for the purposes of regulation 19(3)...

    4. SCHEDULE 4

      Remediation

      1. PART 1 Remediation of damage to natural resources other than land

        1. 1.Application of Part 1

        2. 2.Risk to human health

        3. 3.Objective

        4. 4.Primary and complementary remediation

        5. 5.Compensatory remediation

        6. 6.Choice of remediation

        7. 7.Identification of complementary and compensatory remediation

        8. 8.Options

      2. PART 2 Remediation of damage to land

        1. 9.Remediation of damage to land

    5. SCHEDULE 5

      Appeals

      1. PART 1 Appeals when the Secretary of State is not the enforcing authority

        1. 1.This Part applies when the Secretary of State is not...

        2. 2.Notification of appeal must contain— (a) a copy of the...

        3. 3.When notification is received, the Secretary of State must send...

        4. 4.The Secretary of State must notify the appellant of the...

        5. 5.When these are received, the Secretary of State must send...

        6. 6.At the same time the Secretary of State must notify...

        7. 7.The Secretary of State must then decide whether further evidence...

        8. 8.The Secretary of State must then refer the appeal to...

        9. 9.Following the conclusion of the appeal by the appointed person,...

        10. 10.The person deciding the appeal may make such order as...

      2. PART 2 Appeals when the Secretary of State is the enforcing authority

        1. 11.If the Secretary of State is the enforcing authority, the...

    6. SCHEDULE 6

      Compensation

      1. 1.Compensation for grant of rights

      2. 2.Interpretation

      3. 3.Period for making an application

      4. 4.Manner of making an application

      5. 5.Loss and damage for which compensation payable

      6. 6.Basis on which compensation assessed

      7. 7.Determination of disputes

  8. Explanatory Note

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