The Environmental Damage (Prevention and Remediation) (Amendment) Regulations 2009

Year2009

2009 No. 3275

Environmental Protection, England

The Environmental Damage (Prevention and Remediation) (Amendment) Regulations 2009

Made 10th December 2009

Laid before Parliament 15th December 2009

Coming into force 12th January 2010

The Secretary of State has been designated in respect of the environment1for the purposes of section 2(2) of the European Communities Act 19722, and makes these Regulations under the powers conferred by that section.

Title, commencement and application
S-1 Title, commencement and application

Title, commencement and application

1. These Regulations may be cited as the Environmental Damage (Prevention and Remediation) (Amendment) Regulations 2009 and come into force on 12th January 2010.

Amendments

Amendments

S-2 The Environmental Damage (Prevention and Remediation)...

2. The Environmental Damage (Prevention and Remediation) Regulations 20093are amended as follows.

S-3 In regulation 6(1), in the table— for the words “seabed of the...

3. In regulation 6(1), in the table—

(a) for the words “seabed of the continental shelf” substitute “seabed out to the limits of the continental shelf”.

(b) for the words “in the renewable energy zone” substitute “out to the limits of the renewable energy zone”.

S-4 In paragraph 5 of Schedule 1, after the words “the Conservation...

4. In paragraph 5 of Schedule 1, after the words “the Conservation (Natural Habitats, etc.) Regulations 19944” add “the Offshore Petroleum Activities (Conservation of Habitats) Regulations 20015, the Offshore Marine Conservation (Natural Habitats, etc.) Regulations 20076”.

Jim Fitzpatrick

Minister of State

Department for Environment, Food and Rural Affairs

10th December 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Environmental Damage (Prevention and Remediation) Regulations 2009 (“the 2009 Regulations”) which implemented Directive 2004/35/ECof the European Parliament and of the Council (OJ No L 143, 30.4.2004, p. 56) on environmental liability with regard to the prevention and remedying of environmental damage as amended by Directive 2006/21/EC(OJ No L102, 11.4.2006, p. 15).

Regulation 3 corrects the application of the 2009 Regulations with respect to the sea adjoining England.

Regulation 4 amends paragraph 5 of Schedule 1 to the 2009 Regulations, by adding references to regulations implementing Directive 92/43/EC(OJ No L 206, 22.7.1992, p. 7 as last amended by Council Directive 2006/1...

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