Environmental Liability Regulations 2008.

These Regulations are here providing for the complete set of rules as regards the environmental liability and its relative topics. These Regulations shall directly apply to the environmental damage, which is here defined as damage made or occurred to the protected species or natural habitats; water resources; and/or land. These Regulations apply to the environmental damage caused by an activity listed in Annex III and to any imminent threat of environmental damage occurring by reason of any of those activities; and in the case of protected species or natural habitats, it also means damage, or the imminent threat of damage, caused by an activity other than those activities listed in Annex III of this text, whenever the operator has been at fault or negligent as to whether such damage would be caused.
This text is divided into 23 Regulations as follows: Title and commencement; Interpretation; Type of damage to which these Regulations apply; Other legislation; Exemptions; Exemption from water damage; Competent Authority; Preventing environmental damage; Preventing further environmental damage; Assessment of damage; Determining the responsible operator; Remediation notices; More than one instance of environmental damage; Appeal against the remediation notice; Costs; Requests for action by interested parties; Power for the competent authority to take steps to prevent, contain or remedy environmental damage or an imminent threat of such damage; Recovery of costs in specified cases; Provision of information to the competent authority; Costs recoverable from owner to be a charge on premises; Penalties; Financial security; Transboundary effects.
Environmental damage to waters means any damage that significantly adversely affects: the ecological, chemical and/or quantitative status and/or ecological potential of waters to which the Water Framework Directive applies, with the exception of the damage referred to in Regulation 6o f this text; or the environmental status of the marine waters concerned, as defined in Directive 2008/56/EC on establishing a framework for community action in the field of marine environmental policy, in so far as particular aspects of the environmental status of the marine environment are not already addressed through the Water Framework Directive. Environmental damage to land means contamination of land that results in a significant risk of adverse effects on human health or the environment, with particular regard to land quality, through the direct or indirect introduction, in, on or under land of substances, preparations, organisms or micro-organisms. Environmental damage to protected species or natural habitats does not include previously identified adverse effects which result from an activity by an operator which was expressly authorized by the relevant authorities in accordance with enactments implementing Article 6(3) and (4) or Article 16 of Directive 92/43/EEC or Article 9 of Directive 79/409/EEC or, in the case of habitats and species not covered by Community law, in accordance with equivalent provisions in any enactment on nature conservation. These Regulations do not apply in relation to environmental damage, or imminent threat of such damage, caused by: an act of armed conflict, civil war, insurrection or hostilities; a natural phenomenon of exceptional, inevitable and irresistible character; activities the sole purpose of which is to protect from natural disasters; an incident in respect of which liability or compensation falls within the scope of an international convention listed in Annex IV where the application of that convention has been extended to Gibraltar; all activities covered by the Euratom Treaty; an incident or activity in respect of which liability or compensation falls within the scope of an international instrument listed in Annex V, where the application of that instrument has been extended to Gibraltar; all activities which main purpose is to serve the defence of Gibraltar or international security. These Regulations only apply to environmental damage or to an imminent threat of such damage caused by pollution of a diffuse character if it is possible to establish a causal link between the damage and the activities of individual responsible operators. The Minister, or such other person as the Minister may from time to time appoint by notice in the Gazette, shall be the competent authority who shall be responsible for the enforcement of these Regulations and whose duties and functions shall be as set out in these Regulations.
This text involves the provisions contained in several European Union Legislation and International Agreements as listed: Directive 67/548/EEC; Directive 75/442/EEC; Directive 76/464/EEC; Directive 79/409/EEC; Directive 80/68/EEC; Directive 84/360/EEC; Directive 85/337/EEC; Directive 90/219/EEC; Directive 91/414/EEC; Directive 91/689/EEC; Directive 92/43/EEC; Directive 93/75/EEC; Directive 94/55/EC; Directive 96/49/EC; Directive 96/61/EC; Directive 98/8/EC; Directive 1999/31/EC; Directive 1999/45/EC; Directive 2000/60/EC; Directive 2000/60/EC; Directive 2000/76/EC; Directive 2001/18/EC; Directive 2001/80/EC; Directive 2004/35/EC; Directive 2006/12/EC; Directive 2006/21/EC; Directive 2008/1/EC; Directive 2009/31/EC; Directive 2013/30/EU; Regulation (EEC) No 259/93; Regulation (EC) No 1013/2006; the International Convention of 27 November 1992 on Civil Liability for Oil Pollution Damage; the International Convention of 27 November 1992 on the Establishment of an International Fund for Compensation for Oil Pollution Damage; the International Convention of 23 March 2001 on Civil Liability for Bunker Oil Pollution Damage; the International Convention of 3 May 1996 on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea; the Convention of 10 October 1989 on Civil Liability for Damage Caused during Carriage of Dangerous Goods by Road, Rail and Inland Navigation Vessels; the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy and the Brussels Supplementary Convention of 31 January 1963; the Vienna Convention of 21 May 1963 on Civil Liability for Nuclear Damage; the Convention of 12 September 1997 on Supplementary Compensation for Nuclear Damage; the Joint Protocol of 21 September 1988 relating to the Application of the Vienna Convention and the Paris Convention; the Brussels Convention of 17 December 1971 relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material.
The Schedule is also part of this publication (Containing Annexes I-V: criteria referred to in article 2(1)(a); remedying of environmental damage; activities referred to in article 3(1) of the Directive; International Conventions referred to in article 4(2) of the Directive; International instruments referred to in article 4(4) of the Directive).