Environmental damage to which these Regulations apply
5.—(1) These Regulations apply in relation to environmental damage if it is caused by an activity in Schedule 2.
(2) In the case of environmental damage to protected species or natural habitats or a site of special scientific interest the Regulations also apply in relation to environmental damage caused by any other activity if the operator—
(a)intended to cause environmental damage; or
(b)was negligent as to whether environmental damage would be caused.