The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009

Exceptions

5.  These Regulations shall not apply in relation to environmental damage, or imminent threat of damage, caused by—

(a) an act of terrorism, armed conflict, civil war, insurrection or hostilities;

(b) an exceptional natural phenomenon, provided the operator took all reasonable precautions to protect against damage being caused by such an event;

(c) activities, the sole purpose of which is to protect from natural phenomena;

(d) an incident in respect of which liability or compensation falls within the scope of—

(i) the International Convention of 27 November 1992 on Civil Liability for Oil Pollution Damage((1));

(ii) the International Convention of 27 November 1992 on the Establishment of an International Fund for Compensation for Oil Pollution Damage(a); or

(iii) the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001(2);

(e) activities, the main purpose of which is to serve national defence or international security;

(f) radioactivity from an activity covered by the Treaty establishing the European Atomic Energy Community or caused by an incident or activity in respect of which liability or compensation falls within the scope of the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy and the Brussels Supplementary Convention of 31 January 1963;

(g) pollution of a diffuse character if it is not possible to establish a causal link between the damage and the activities of individual operators; or

(h) damage caused in the course of commercial sea fishing if all legislation relating to that fishing was complied with.

(1)

This Convention was implemented in Chapter III of the Merchant Shipping Act 1995 (1995 c. 21)

(2)

Implemented in the United Kingdom by S.I. 2006/1244