Statutory Instruments
2019 No. 1285
Environmental Protection, England
The Environmental Damage (Prevention and Remediation) (England) (Amendment) Regulations 2019
Made
26th September 2019
Laid before Parliament
27th September 2019
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972( 1 ).
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the environment( 2 ).
Citation and commencement
1. These Regulations may be cited as the Environmental Damage (Prevention and Remediation) (England) (Amendment) Regulations 2019 and come into force 21 days after the day on which they are laid.
Amendment of the Environmental Damage (Prevention and Remediation) (England) Regulations 2015
2. After regulation 18 of the Environmental Damage (Prevention and Remediation) (England) Regulations 2015( 3 ), insert—
“ Reporting by enforcing authorities
18A. —(1) Where an enforcing authority has served a responsible operator with notification under regulation 18(1) after the coming into force of this regulation, the enforcing authority must, as soon as reasonably practicable, notify the Secretary of State of the relevant environmental damage.
(2) The notification provided to the Secretary of State under paragraph (1) must contain the following information—
(a) the type of environmental damage, according to the categorisations set out in regulation 4(1)(a) to (d),
(b) the date on which the environmental damage occurred or was discovered, and
(c) the activity which caused the environmental damage, according to the list set out in Schedule 2, except in cases where regulation 5(2) applies.
(3) The Secretary of State may require an enforcing authority to provide such other information in relation to the environmental damage as the Secretary of State may reasonably request. ” .
Rebecca Pow
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
26th September 2019
1972 c. 68 ; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7) . It is prospectively repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) from exit day (see section 20 of that Act).
S.I. 2008/301 . It is prospectively revoked by S.I. 2018/1011 from exit day.
S.I. 2015/810 , to which there are amendments not relevant to these Regulations.