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The Environmental Damage (Prevention and Remediation) Regulations 2009

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6.  (1)  The damage must be in an area specified in the following table.

Type of damageArea in which these Regulations apply
(a)

These areas do not include areas that form part of Northern Ireland, Scotland or Wales or the territorial sea adjacent to the Isle of Man, Jersey(1) or Guernsey; and for these purposes—

(i)

Wales is as defined in section 158(1) of the Government of Wales Act 2006(2);

(ii)

Scotland is as defined in section 126(1) of the Scotland Act 1998(3); and

(iii)

Northern Ireland is as defined in section 98 of the Northern Ireland Act 1998(4).

Damage to waterEngland and all water up to one nautical mile seaward from the baseline in England
Damage in a site of special scientific interestEngland
Damage to protected species or natural habitats

England

The seabed of the continental shelf(a)

Anywhere other than the seabed in the renewable energy zone(a)

Damage to landEngland

(2) In this table—

“the baseline” means the baselines from which the breadth of the territorial sea is measured for the purposes of the Territorial Sea Act 1987(5);

“the continental shelf” means the areas designated by Order in Council under section 1(7) of the Continental Shelf Act 1964(6); and

“the renewable energy zone” means the waters superjacent to the seabed situated within the areas designated by Order in Council under section 84(4) of the Energy Act 2004(7).

(1)

See section 1 of the Territorial Sea Act 1987 (c. 49) as extended to Jersey by the Territorial Sea Act 1987(Jersey) Order 1997 (S. I. 1997/278) as amended by S.I. 2002/250, and to the Isle of Man by the Territorial Sea Act 1987 (Isle of Man) Order 1991 ( S.I.  1991/1722).

(6)

1964 c. 29. Areas have been designated under section 1(7) by S.I. 1987/1265, 2000/3062 and 2001/3670. Section 1(7) was amended by paragraph 1 of Schedule 3 to the Oil and Gas (Enterprise) Act 1982 (c. 23).

(7)

2004 c. 20. Areas have been designated under section 84(4) by S.I. 2004/2668.

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