»Ê¹ÚÌåÓýapp

»Ê¹ÚÌåÓýapp regulations consolidate »Ê¹ÚÌåÓýapp Environmental Damage (Prevention and Remediation) Regulations 2009, as amended, which transposed the Environmental Liability Directive (ELD) (2004/35/EC).  »Ê¹ÚÌåÓýapp directive has the objective of making operators of activities which cause environmental damage financially liable for that damage (the ‘polluter paysâ€� principle). »Ê¹ÚÌåÓýapp environmental damage regulations apply to serious environmental damage to land, water and to species and habitats.

»Ê¹ÚÌåÓýapp regulations have been amended by 11 other statutory instruments. »Ê¹ÚÌåÓýapp 2015 regulations consolidated all of those amendments, revoking two of them. »Ê¹ÚÌåÓýappy also contain additional provisions to transpose Article 38 of the Offshore Safety Directive (2013/30/EU).  »Ê¹ÚÌåÓýapp directive is intended to reduce the potential for major accidents relating to offshore oil and gas activities and limit their impacts on the environment and coastal economies and improve safety standards for offshore workers.

»Ê¹ÚÌåÓýapp 2015 regulations came into force on 19 July 2015, and were required to be reviewed by 18 April 2020 and, subsequently, at intervals not exceeding five years.  »Ê¹ÚÌåÓýapp first PIR was submitted late on 12/12/2023 for RPC scrutiny.  »Ê¹ÚÌåÓýapp RPC, having considered the PIR to be not fit for purpose (red-rated), issued its opinion on 1 May 2024.

»Ê¹ÚÌåÓýapp RPC has concerns about a lack of evidence and analysis supporting the PIR’s recommendation to retain the regulations.  In particular, whether the Department has given sufficient consideration to whether the regulations, in their current form, remain necessary to deliver the objectives or whether amendments might be justified.

While evidence has been gathered through engagement with regulators, local authorities and industry, the Department appears not to have considered all of the information received when making the recommendation, nor has sufficient consideration been given to potential refinements to improve the regulations.

»Ê¹ÚÌåÓýapp information relied upon to support the recommendation appears narrow and limited.  »Ê¹ÚÌåÓýapp PIR should review what evidence, from a wider range of sources, should be considered.  »Ê¹ÚÌåÓýapp PIR includes, however, a section noting the limitations of the evidence that is available.

»Ê¹ÚÌåÓýapp Department has now published the stating the Government’s intention to leave the regulations in place for the present. »Ê¹ÚÌåÓýapp RPC notes this intention given that the Department has found no evidence of the regulations creating a burden on businesses.  »Ê¹ÚÌåÓýapp RPC understands that the Department has, nevertheless, undertaken further work since the RPC issued its opinion and has updated the PIR to reflect this, and to commit to undertake a further review earlier than required - within three years. At that point, it is hoped that it will be possible to gather better evidence to enable a decision to be taken to retain, amend or revoke the regulations.