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

Exception from environmental damage to surface water or groundwater

7.—(1) Environmental damage to water does not include—

(a) damage caused by a new modification to the physical characteristics of a body of surface water;

(b) an alteration to the level of a body of groundwater pursuant to Directive 2000/60/EC; or

(c) deterioration from high status to good status of a body of surface water resulting from new sustainable human development activities pursuant to that Directive,

if all the conditions specified in paragraph (2) are fulfilled.

(2) The conditions are—

(a) all practicable steps are taken to mitigate the adverse impact on the status of the body of water;

(b) the reasons for the modifications or alterations are specifically set out and explained in the river basin management plan required under Article 13 of Directive 2000/60/EC and the objectives are reviewed every six years;

(c) the reasons for the modifications or alterations are of overriding public interest, or the result of the damage is outweighed by the benefits of the new modifications or alterations to human health, to the maintenance of human safety or to sustainable development; and

(d) the beneficial objectives served by the modifications or alterations of the body of water cannot for reasons of technical feasibility or disproportionate cost be achieved by other means.