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

Northern Ireland Statutory Rule 2009 No. 252 — creates 4 criminal offences.

4offences created

0recorded in force

0revoked

Made: 29 June 2009
In force from: 24 July 2009
Extent: Not stated
Subject: Energy, communications, water and utilities
Made under: European Communities Act 1972, Schedule 2 to, the European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement Directive 2004/35/EC of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage. They apply to damage to protected species, natural habitats, areas of special scientific interest, water and land (regulation 3). They are enforced by the Department of the Environment (regulation 8). They provide that, for certain economic activities, where there is an imminent risk of environmental damage, the operator must take steps to prevent it, and if it has occurred must prevent further damage. Where damage has occurred the enforcing authority must assess the damage and identify remedial measures. It must then serve a remediation notice on the operator specifying what remediation is required (Part 3). They make provision for enforcement (Part 4). Breach of specified provisions of the Regulations is an offence punishable— a on summary conviction, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months; or b on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years. A Regulatory Impact Assessment in relation to these Regulations has been placed in the library of the Northern Ireland Assembly. It is available on the DOE website.

Offences created by this instrument

Remediation notices regulation 17(4) · Status not determined · Strict liability
Powers of authorised persons regulation 26(14) · Status not determined · Strict liability
Provision of information to the enforcing authority regulation 27 · Status not determined · Strict liability
Preventing environmental damage regulation 9(3) · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2009