« Previous | Contents | Next »
Listen
Definition of damage
18. Regulation 3(2) describes the meaning of environmental damage in relation to water, biodiversity and land relevant to the Regulations.
Biodiversity damage:- biodiversity damage in relation to protected species and natural habitats is defined by reference to those as listed in the Birds Directive (Directive 79/409/ EEC) and the Habitats Directive (Directive 92/43/ EEC). Such species and habitats will be protected wherever they occur. Most species and habitats that are EU protected will be situated on Natura 2000 sites which are special areas of Conservation and Special Protected Areas designated in the Birds and Habitats Directives. However, the application of the Birds and Habitats Directives, and hence of these Regulations, outwith SACs and SPAs is an important feature of the Regulations which distinguishes it from site-based policies of national legislation.
Water damage: - damage to water is intrinsically linked to the definition given in the Water Framework Directive which requires member states to analyse and report on the condition of water. 'Damage to water' takes in any adverse effect on the environment of surface waters or groundwaters resulting in the deterioration of status and of the waters whether chemically, ecologically or quantitively .
Land damage:- damage to land under the Regulations relates to the contamination of land which brings about a significant risk to human health due to an activity carried out by an operator listed in Schedule 3. Contamination through the introduction of organisms or micro-organisms is included.
« Previous | Contents | Next »