The Environmental Damage (Prevention and Remediation) (Amendment) Regulations 2010

Made: 1st March 2010

Laid before Parliament: 8th March 2010

Coming into force: 1st April 2010

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Title, commencement and application

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

Huw Irranca-Davies — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 1st March 2010

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Environmental Damage (Prevention and Remediation) Regulations 2009 (“the 2009 Regulations”) which implemented 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.

These Regulations make amendments to the 2009 Regulations pursuant to provide for the devolution to the Scottish Ministers of certain of the Secretary of State’s functions with respect of preventing and remedying damage to marine nature conservation in the Scottish offshore region. They provide that in this area the Scottish Ministers are the enforcing authority except where otherwise specified. In particular the Secretary of State will continue to be the enforcing authority with respect to preventing and remedying damage caused by oil, gas and carbon dioxide storage activities, and with respect to the prevention of damage from marine transport activities. The Regulations do not provide for the devolution of any legislative competence.

An impact assessment has not been prepared in relation to these Regulations as it has no impact on business, charities or the public sector.

A transposition note setting out how the 2009 Regulations, as amended by this instrument, transpose the provisions of Directive 2004/35/EC, is available on the Defra website at www.defra.gov.uk.

Footnotes

[^f00001]: S.I. 2008/301.

[^f00002]: 1972 c. 68.

[^f00003]: S.I. 2009/153, as amended by S.I. 2009/3275. The 2009 Regulations make provision for implementing in England, surrounding waters and in marine areas where the United Kingdom has jurisdiction beyond the territorial sea, 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.

[^f00004]: 1998 c. 46.

[^f00005]: 1998 c. 17.

[^f00006]: 1934 c. 36. Repealed by 1998 c. 17, Sch. 5 Pt. 1; but rights conferred by a licence granted under s.2 continue to have effect (1998 c. 17, Sch. 3 Pt II para. 4).

[^f00007]: 2008 c. 32.

[^f00008]: 1998 c. 46.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial notes

[^key-38a38299c0c40465cd3bf879a2cb5be0]: Regulations revoked (19.7.2015) by The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 2015/810), reg. 36 (with regs. 4-8)