The Environmental Damage (Prevention and Remediation) (England) Regulations 2015

Enforcing authorities under the Environmental Permitting (England and Wales) Regulations 2010

This section has no associated Explanatory Memorandum

10.—(1) These Regulations are to be enforced in accordance with this regulation if the damage is caused by an activity that requires a permit or registration under the Environmental Permitting (England and Wales) Regulations 2010(1).

(2) If either the Environment Agency or the Natural Resources Board for Wales is responsible for granting the permit, these Regulations are to be enforced by the Environment Agency.

(3) If the local authority is responsible for granting the permit—

(a)Part 2 is to be enforced by the local authority;

(b)Part 3 is to be enforced by—

(i)the local authority, if the damage is to land;

(ii)the Environment Agency, if the damage is to surface water or groundwater;

(iii)the Marine Management Organisation, if the damage is to marine waters, or to a natural habitat or protected species or a site of special scientific interest within those waters, out to 12 nautical miles from the baselines in England;

(iv)the Secretary of State, if the damage is to marine waters beyond 12 nautical miles from the baselines in England or the baselines in Wales; and

(v)Natural England, if the damage is to a natural habitat or a protected species or a site of special scientific interest on land or in surface water or groundwater.

(1)

S.I. 2010/675; amended by S.I. 2010/676, and 2172; 2011/988, 2043 and 2933; 2012/630 and 811; 2013/390, 755, 766 and 2952; 2014/255 and 2852.