UK Statutory Instrument SI 2015 England

Environmental Damage (Prevention and Remediation) (England) Regulations 2015

These Regulations revoke and replace the Environmental Damage (Prevention and Remediation) Regulations 2009 (S.I. 2009/153), as amended by numerous subsequent instruments (“the 2009 Regulations”). The Regulations continue to implement Directive 2004/35/EC of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of …

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
Environment Agency, OEP, DEFRA
Status
In Force
Penalty ceiling
Imprisonment 5 of 12 obligations carry up to 2 years imprisonment. 7 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Operator6 Any Person2 Director or Officer1

Plus 3 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Operator — also bound by 746 other Acts
Any Person — also bound by 2340 other Acts
Director or Officer — also bound by 429 other Acts
Companies Act 2006 126 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Introductory Provisions

0 of 13 sections shown
13 other sections in this Part — procedural and definitional
s.001 Title, commencement and application
s.002 Interpretation (opens in a new tab)
s.003 References to EU instruments (opens in a new tab)
s.004 Meaning of “environmental damage” (opens in a new tab)
s.005 Environmental damage to which these Regulations apply (opens in a new tab)
s.006 Areas of application (opens in a new tab)
s.007 Other legislation (opens in a new tab)
s.008 Exemptions (opens in a new tab)
s.009 Exclusion from damage to water (opens in a new tab)
s.010 Enforcing authorities under the Environmental Permitting (England and Wales) Regulations 2016 (opens in a new tab)
s.011 Enforcing authorities in other cases (opens in a new tab)
s.012 Enforcement (opens in a new tab)
s.nutrient significant sewage disposal works: enviro Nutrient significant sewage disposal works: environmental damage
Part 2

Preventing Environmental Damage

2 of 4 sections shown
s.013 Preventing environmental damage (opens in a new tab) Imprisonment
  • Prevent and notify imminent environmental damageOperator
s.014 Preventing further environmental damage (opens in a new tab) Regulated
  • Prevent and report further environmental damageOperator
2 other sections in this Part — procedural and definitional
s.015 Action by the enforcing authority (opens in a new tab)
s.016 Following instructions from a public authority (opens in a new tab)
Part 3

Remediation

3 of 8 sections shown
s.017 Assessment of damage (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Enforcing authority must determine if environmental damage has occurredStatutory regulator
s.018 Determining liability to remediate (opens in a new tab) Imprisonment
Other duties (1) — Crown / regulator
  • Regulator must notify you of liability for environmental damageStatutory regulator
s.020 Remediation notices (opens in a new tab) Imprisonment
  • Propose remedial measures for environmental damageOperator
5 other sections in this Part — procedural and definitional
s.019 Appeals against liability to remediate (opens in a new tab)
s.021 Appeal against a remediation notice (opens in a new tab)
s.022 Further provisions on remediation notices (opens in a new tab)
s.023 Action by the enforcing authority (opens in a new tab)
s.reporting by enforcing authorities Reporting by enforcing authorities
Part 4

Administration, Enforcement and Review

7 of 12 sections shown
s.024 Costs when the enforcing authority acts instead of the operator (opens in a new tab) Regulated
  • Pay the regulator's costs if they perform your environmental worksOperator
s.025 Costs concerned with administration (opens in a new tab) Regulated
  • Pay the regulator's administration and enforcement costsOperator
s.030 Grant of and compensation for rights of entry etc. (opens in a new tab) Regulated
  • Grant access for environmental repair works and claim compensationAny Person
s.031 Powers of authorised persons (opens in a new tab) Imprisonment
  • Fail to comply with authorised inspection instructions or give false informationAny Person
s.032 Provision of information to the enforcing authority (opens in a new tab) Regulated
  • Provide information to the enforcing authority upon requestOperator
s.034 Penalties (opens in a new tab) Imprisonment
  • Breach environmental damage regulations or cause corporate negligenceDirector or Officer
s.035 Review (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must review the Environmental Damage Regulations every 5 yearsCrown / Minister / Government department
5 other sections in this Part — procedural and definitional
s.026 Proceedings for costs by an enforcing authority (opens in a new tab)
s.027 Costs recoverable from owner to be a charge on premises (opens in a new tab)
s.028 Recovery of costs from other persons (opens in a new tab)
s.029 Requests for action by interested parties (opens in a new tab)
s.033 Enforcement (opens in a new tab)
Part 5

Revocations

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.036 Revocations (opens in a new tab)
Schedules

Schedules

0 of 56 shown
56 other schedules
s.001 Damage to Protected Species, Natural Habitats and Sites of Special Scientific Interest (opens in a new tab)
s.sch001 Damage to a protected species or natural habitat
s.sch001 Conservation status of natural habitats
s.sch001 Conservation status of species
s.sch001 Sites of special scientific interest
s.sch001 Express authorisation
s.sch002 Operations to which this Schedule applies
s.sch002 Transboundary shipment of waste
s.sch002 Operation of carbon dioxide storage sites
s.sch002 Interpretation
s.sch002 Operation of permitted installations
s.sch002 Waste management operations
s.sch002 Mining waste
s.sch002 Discharges requiring authorisation
s.sch002 Water abstraction and impoundment
s.sch002 Dangerous substances, plant protection products and biocidal products
s.sch002 Transport
s.sch002 Genetically modified organisms
s.sch002a Enforcing authority: activities not requiring a permit or registration under the Environmental Permitting (England and Wales) Regulations 2016
s.sch002za Modifications where regulation 9A applies
s.sch002za In relation to anything that is treated as environmental damage...
s.sch002za Regulation 17 does not apply.
s.sch002za Regulation 18 applies as if— (a) the opening words of...
s.sch002za Regulation 18A applies with the omission of paragraph (2).
s.sch002za Regulation 19(3) applies as if for paragraphs (a) to (e)...
s.sch002za Regulation 25(2) applies as if— (a) for paragraph (a) there...
s.sch003 Application of Part 1
s.sch003 Risk to human health
s.sch003 Objective
s.sch003 Primary and complementary remediation
s.sch003 Compensatory remediation
s.sch003 Choice of remediation
s.sch003 Identification of complementary and compensatory remediation
s.sch003 Options
s.sch003 Remediation of damage to land
s.sch004 The following are permits for the purposes of regulation 19(3)(d)...
s.sch005 In this Schedule, the “appointed person” means the person appointed...
s.sch005 The Secretary of State must then refer the appeal to...
s.sch005 Following the conclusion of the appeal by the appointed person,...
s.sch005 The person deciding the appeal may make such order as...
s.sch005 If the Secretary of State is the enforcing authority, the...
s.sch005 This Part applies when the Secretary of State is not...
s.sch005 Notification of appeal must contain— (a) a copy of the...
s.sch005 When notification is received— (a) the Secretary of State must...
s.sch005 The Secretary of State must notify the appellant of the...
s.sch005 When these are received, the Secretary of State must send...
s.sch005 At the same time the Secretary of State must notify...
s.sch005 The Secretary of State must then decide whether further evidence...
s.sch005 The Secretary of State must then decide whether or not...
s.sch006 Compensation for grant of rights
s.sch006 Interpretation
s.sch006 Period for making an application
s.sch006 Manner of making an application
s.sch006 Loss and damage for which compensation is payable
s.sch006 Basis on which compensation is assessed
s.sch006 Determination of disputes

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