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What 'environmental damage' means
9. The Regulations do not cover all types of damage to the environment. They relate only to damage or threat of damage which meets or exceeds the criteria set out in the Regulations' - 'significant damage'.
10. In those criteria for damage, liability under the Regulations is triggered by 'significant threat' or by 'significant damage', not just by any everyday event. The trigger levels are taken mainly from procedures already established for the EU protection of birds, habitats and water bodies. So if you deal with any of those regimes, the explanations below should be familiar to you.
Damage to Species and habitats
11. Damage to 'protected species and natural habitats' is
'damage that has a significant effect on reaching of maintaining the favourable conservation status ( FCS) of EU protected species and habitats.
Damage to water
12. Damage to 'water' is
'damage that significantly adversely affects the ecological, chemical, and/or quantitative status and/or ecological potential, as defined in Directive 2000/60/ EC of the waters concerned, ie causes a drop in status class'.
Land damage
13. Damage to 'land' is land contamination that creates a significant risk of human health being adversely affected as a result of the direct or indirect introduction in, on or under land of substances, preparations, organisms or micro organisms.
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