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2.—(1) The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009(1) are amended in accordance with paragraphs (2) to (5)—
(2) In regulation 2 insert in the appropriate alphabetical order—
“”baseline” means the low-water line along the coast as defined in the Territorial Seas (Baseline) Order 2014(2)”
(3) After regulation 2A insert—
2B. These Regulations apply to the areas specified in the following table—
Type of damage | Area in which these Regulations apply |
---|---|
Damage to surface water or groundwater | Northern Ireland in so far as it extends to all water up to one nautical mile seaward from the baseline in Northern Ireland. |
Damage to marine waters | All water up to 12 nautical miles seaward from the baseline in Northern Ireland so far as not already addressed as damage to surface or groundwater. |
Damage in an Area of Special Scientific Interest | Northern Ireland |
Damage to a protected species or natural habitats | Northern Ireland The seabed out to 12 nautical miles |
Damage to land | Northern Ireland” |
(4) For regulation 3(1) substitute—
“3.—(1) Subject to regulations 5, 6 and 7, these Regulations apply to environmental damage to—
(a)Protected species or natural habitats, or an area of special scientific interest;
(b)Surface water or groundwater;
(c)Marine waters; or
(d)Land.”
(5) After regulation 3(4) insert—
“(4A) Environmental damage to marine waters means damage to marine waters classified as such pursuant to Directive 2008/56/EC of the European Parliament and of the Council establishing a framework for community action in the field of marine environmental policy, such that their environmental status is significantly adversely affected in accordance with Directive 2008/56/EC of the European Parliament and of the Council.”
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