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

Exemptions

8.—(1) These Regulations do not apply in relation to—

(a) damage that occurred before 1st March 2009(1) (but see also paragraph (2));

(b) damage that occurs or occurred after that date, or is or was threatened after that date, but is caused by an incident, event or emission that took place before that date; or

(c) damage caused by an incident, event or emission that takes or took place after that date, if it derives from an activity that took place and finished before that date.

(2) Paragraph (1) applies in relation to damage to marine waters as if, in sub-paragraph (a), for “1st March 2009” there were substituted “19th July 2015”.

(3) These Regulations do not apply in relation to environmental damage caused by—

(a) an act of terrorism;

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

(c) activities the sole purpose of which is to protect against natural disasters;

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

(i) the International Convention of 27th November 1992 on Civil Liability for Oil Pollution Damage(2);

(ii) the International Convention of 27th November 1992 on the Establishment of an International Fund for Compensation for Oil Pollution Damage(3); or

(iii) the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001(4);

(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 29th July 1960 on Third Party Liability in the Field of Nuclear Energy and the Brussels Supplementary Convention of 31st January 1963; or

(g) any activity carried out in the course of commercial sea fishing if all legislation relating to that fishing was complied with.

(4) These Regulations only apply to environmental damage caused by pollution of a diffuse character if it is possible to establish a causal link between the damage and specific activities.

(1)

This is the date on which S.I. 2009/153, which is revoked and replaced by these Regulations, came into force.

(2)

Implemented by the Merchant Shipping Act 1995.

(3)

Implemented by the Merchant Shipping Act 1995.

(4)

The Convention was implemented by amendments to the Merchant Shipping Act 1995 made by S.I. 2006/1244.