Environmental Damage (Prevention and Remediation) (England) (Amendment) Regulations 2017 (S.I. No. 1177 of 2017).

These Regulations amend the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 to require operators to identify potential remedial measures for damage caused by marine pollution and submit them to the enforcement authority (regulation 20) and to provide for proper transposition of Directive 2004/35/EC (Schedule 1). The latter amendment addresses damage to a site of scientific interest which is also a European site (as defined in S.I. 2017/1012). It provides that damage caused by an act expressly authorised by the relevant authorities in accordance with Part 2 of the Wildlife and Countryside Act 1981 is not automatically excluded from the scope of the 2015 Regulations. Such damage will continue to be excluded if the authorisation under the 1981 Act was granted in accordance with legislation transposing Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.