S.L. 549.97 Art. 3Definitions. S.L. 549.44 S.L 549.42 S.L 549.100 S.L 549.62 S.L 549.100 S.L 549.42 S.L. 549.44 S.L 549.42 S.L. 549.44 S.L 549.100

In these regulations, unless the context otherwise requires:

"baseline condition" means the condition that would have existed at the time of the damage of the natural resources and services had the environmental damage not occurred, estimated on the basis of the best information available; "the competent authority" means the Environment and Resources Authority, and such other body or person as the Minister for Sustainable Development, the Environment and Climate Change may, by order in the Gazette, prescribe and different bodies or persons may be designated as the competent authority for different provisions and different purposes of these regulations;

"conservation status" means:

(a) in respect of a natural habitat, the sum of the influences acting on a natural habitat and its typical species, that may affect its long-term natural distribution, structure and functions as well as the long-term survival of its typical species within, as the case may be, the European territory of the Member States to which the Treaty applies or the territory of a Member State or the natural range of that habitat. The conservation status of a natural habitat will be taken as "favourable" when:

(i) its natural range and areas it covers within that range are stable or increasing,

(ii) the specific structure and functions which are necessary for its long-term maintenance exist and are likely to continue to exist for the foreseeable future, and

(iii) the conservation status of its typical species is favourable, as defined in paragraph (b);

(b) in respect of a species, the sum of the influences acting on the species concerned that may affect the long-term distribution and abundance of its populations within, as the case may be, the European territory of the Member States to which the Treaty applies or the territory of a Member State or the natural range of that species’ The conservation status of a species will be taken as "favourable" when:

(i) population dynamics data on the species concerned indicate that it is maintaining itself on a long-term basis as a viable component of its natural habitats,

(ii) the natural range of the species is neither being reduced nor is likely to be reduced for the foreseeable future, and

(iii) there is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long-term basis; "costs" means costs which are justified by the need to ensure the proper and effective implementation of these regulations including the costs of assessing environmental damage, imminent threats of such damage, alternatives for action as well as the administrative, legal, and enforcement costs, the costs of data collection and other general costs, monitoring and supervision costs; "damage" means a measurable adverse change in a natural resource or measurable impairment of a natural resource service which may occur directly or indirectly;

"emission" or "pollution" means the release in the environment, as a result of human activities, of substances, energy, preparations, organisms or micro-organisms; "environmental damage" means:

(a) damage to protected species and natural habitats, which is any damage that has significant adverse effects on reaching or maintaining the favourable conservation status of such habitats or species. The significance of such effects is to be assessed with reference to the baseline condition, taking account of the criteria set out in Schedule I. Damage to protected species and natural habitats does not include previously identified adverse effects which result from an act by an operator which was expressly authorized by the relevant authorities in accordance with provisions of Part III or Part XI of the Flora, Fauna and Natural Habitats

Protection Regulations, or regulation 9 of the Conservation of Wild Birds Regulations, or, in the case of habitats and species not covered by Community law, in accordance with equivalent provisions of national law on nature conservation;

(b) "water damage", which is any damage that significantly adversely affects:

(i) the ecological, chemical or quantitative status or the ecological potential of the waters concerned, as defined in the Water Policy Framework

Regulations, with the exception of adverse effects where regulation 4(7) applies; or

(ii) the environmental status of the marine waters concerned, as defined in the Marine Policy

Framework Regulations, with the exception of those particular aspects of the environmental status of the marine environment which are already regulated by means of the Water Policy

Framework Regulations;

(c) land damage, which is any land contamination that creates a significant risk of human health or the environment being adversely affected as a result of the direct or indirect introduction, in, on or under land, of substances, preparations, organisms or micro-organisms;

"imminent threat of damage" means a sufficient likelihood that environmental damage will occur in the near future;

"natural resource" means protected species and natural habitats, water and land;

"occupational activity" means any activity carried out in the course of an economic activity, a business or an undertaking, irrespectively of its private or public, profit or non-profit character;

"operator" means any natural or legal, private or public person who operates or controls the occupational activity or, where this is provided for in national legislation, to whom decisive economic power over the technical functioning of such an activity has been delegated, including the holder of a permit or authorisation for such an activity or the person registering or notifying such an activity; "preventive measures" means any measures taken in respect of an event, act or omission that creates an imminent threat of environmental damage, with a view to preventing or minimising that damage;

"protected species and natural habitats" means:

(a) the species mentioned in regulation 3(3) of the Conservation of Wild Birds Regulations or listed in

Schedule I thereto or listed in Schedule II and V to the Flora, Fauna and Natural Habitats Protection

Regulations;

(b) the habitats of species mentioned in regulation 3(3) of the Conservation of Wild Birds Regulations or listed in Schedule I thereto or listed in Schedule II to the Flora, Fauna and Natural Habitats Protection Regulations and the natural habitats listed in Schedule I to the said Regulations and the breeding sites or resting places of the species listed in Annex V to the said Regulations;

(c) any habitat or species, not listed in the Schedules mentioned in paragraphs (a) and (b) above, and which the competent authority designates for equivalent purposes as those laid down in the two Regulations mentioned in paragraphs (a) and (b);

"recovery", including "natural recovery", means, in the case of water, protected species and natural habitats, the return of damaged natural resources and, or impaired services to baseline condition and in the case of land damage, the elimination of any significant risk of adversely affecting human health or the environment;

"remedial measures" means any action, or combination of actions, including mitigating or interim measures to restore, rehabilitate or replace damaged natural resources and, or impaired services, or to provide an equivalent alternative to those resources or services as foreseen in Schedule II;

"services" and "natural resources services" mean the functions performed by a natural resource for the benefit of another natural resource or the public; "waters" mean all waters covered by the Water Policy Framework Regulations.