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Statutory Instruments

2009 No. 153

Environmental Protection, England

The Environmental Damage (Prevention and Remediation) Regulations 2009

Made

29th January 2009

Laid before Parliament

2nd February 2009

Coming into force

1st March 2009

Contents

Go to Preamble

  1. 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

  2. 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

  3. 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

  4. 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

    1. SCHEDULE 1

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

    2. SCHEDULE 2

      Activities causing damage

    3. SCHEDULE 3

      Permits, etc.

    4. SCHEDULE 4

      Remediation

      1. PART 1

        Remediation of damage to natural resources other than land

      2. PART 2

        Remediation of damage to land

    5. SCHEDULE 5

      Appeals

      1. PART 1

        Appeals when the Secretary of State is not the enforcing authority

      2. PART 2

        Appeals when the Secretary of State is the enforcing authority

    6. SCHEDULE 6

      Compensation

Go to Explanatory Note

The Secretary of State has been designated in respect of the environment(1) for the purposes of section 2(2) of the European Communities Act 1972(2), and makes these Regulations under the powers conferred by that section as read with paragraph 1A of Schedule 2 to that Act.

The Regulations make provision for a purpose mentioned in section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for the Community instruments referred to in these Regulations to be construed as references to those instruments as amended from time to time.

(1)

S.I. 2008/301. Back [1]

(2)

1972 c. 68. Paragraph 1A was inserted into Schedule 2 by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51). Back [2]

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