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What activities are covered
14. The Regulations state the activities to which the Regulations apply, ie
i) Activities regulated under EU legislation listed in Schedule 3 of the Environmental Liability Directive 2004/35/ EC that cause damage to biodiversity, water and land, irrespective of whether the operator intended to cause damage or was negligent.
ii) any other activity that causes damage to biodiversity but only where the operator intended to cause the damage or was negligent.
15. 'Activity' should be interpreted as 'any economic activity, whether or not carried out for profit'. This could include, eg private enterprises, public sector enterprises - schools, hospitals or government departments or agencies; and voluntary or privately organised activities.
16. Someone who undertakes an activity in a purely personal or domestic context for example would not be considered to be an operator. Liability of operators cannot revert to authorities in any circumstances although authorities may take action as a last resort.
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