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Environmental statement - Flyndre and Cawdor - Maersk Oil

Environmental statement - Flyndre and Cawdor - Maersk Oil

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Territorial Waters<br />

Public<br />

Participation<br />

<strong>Environmental</strong><br />

Liability<br />

Marine<br />

Management<br />

Pollution from Ships of MARPOL<br />

Territorial Sea Act 1987<br />

Territorial Waters Order<br />

Control <strong>Oil</strong> Pollution Act 1974<br />

Defines the territorial waters of the UK.<br />

<strong>Flyndre</strong> <strong>and</strong> <strong>Cawdor</strong> <strong>Environmental</strong> Statement<br />

Appendix A - Register of <strong>Environmental</strong> Legislation<br />

EC Directive 2003/35 on Public Participation The Public Participation Directive (PPD) was issued by the European Commission in order to provide members of the public with<br />

opportunities to participate on the permitting <strong>and</strong> ongoing regulation of certain categories of activities within Member States, including<br />

<strong>Environmental</strong> Impact Statements.<br />

EC Directive 2004/35 on <strong>Environmental</strong><br />

Liability with Regard to the Prevention <strong>and</strong><br />

Remedying of <strong>Environmental</strong> Damage<br />

<strong>Environmental</strong> Damage (Prevention <strong>and</strong><br />

Remediation) Regulations 2009 (as amended<br />

2010)<br />

The <strong>Environmental</strong> Damage (Prevention <strong>and</strong><br />

Remediation) (Wales) Regulations 2009<br />

<strong>Environmental</strong> Liability (Scotl<strong>and</strong>) Regulations<br />

2009<br />

EC Directive 2008/56 (the Marine Strategy<br />

Framework Directive)<br />

The Marine Strategy Regulations 2010<br />

The <strong>Environmental</strong> Liability Directive enforces strict liability for prevention <strong>and</strong> remediation of environmental damage to ‘biodiversity’,<br />

water <strong>and</strong> l<strong>and</strong> from specified activities <strong>and</strong> remediation of environmental damage for all other activities through fault or negligence.<br />

These regulations implement EC Directive 2004/35 on <strong>Environmental</strong> Liability, forcing polluters to prevent <strong>and</strong> repair damage to water<br />

systems, l<strong>and</strong> quality, species <strong>and</strong> their habitats <strong>and</strong> protected sites. The polluter does not have to be prosecuted first, so remedying<br />

the damage should be faster.<br />

The Regulations were previously amended in 2009 to include the seabed out to the limits of the continental shelf anywhere other than<br />

the seabed out to the limits of the renewable energy zone around Engl<strong>and</strong>. The regulations were amended again in 2010 to provide for<br />

the devolution to the Scottish Ministers of certain of the Secretary of State’s functions with respect to preventing <strong>and</strong> remedying<br />

damage to marine nature conservation in the Scottish offshore region. However, the Secretary of State still enforces preventing <strong>and</strong><br />

remedying damage caused by oil, gas <strong>and</strong> carbon dioxide storage activities <strong>and</strong> marine transport activities.<br />

The Marine Strategy Regulations 2010 transpose the requirements of the Marine Strategy Framework Directive into UK law. The<br />

Directive requires Member States to implement measures to achieve or maintain good environmental status of their marine<br />

environment by 2020. Specifically, the Directive requires Member States to create a strategy for the following:<br />

an initial assessment of the current environmental status of a Member State's marine waters by 2012<br />

development of a set of characteristics which describe what “Good <strong>Environmental</strong> Status” means for those waters by 2012<br />

establishment of targets <strong>and</strong> indicators designed to show the achievement of Good <strong>Environmental</strong> Status by 2012<br />

establishment of a monitoring programme to measure progress toward achieving Good <strong>Environmental</strong> Status by 2014<br />

establishment of a programme of measures designed to achieve or maintain Good <strong>Environmental</strong> Status (to be designed by<br />

2015 <strong>and</strong> implemented by 2016).<br />

A ‐ 2 D/4114/2011

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