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The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018

W.S.I. 2018/1216 · Made 20 November 2018 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Agriculture, Wales

Livestock Industries

Animals, Wales

Animal Health

Animal Welfare

Environmental Protection, Wales

Freedom Of Information, Wales

Horticulture, Wales

Plant Health, Wales

Sea Fisheries, Wales

Conservation Of Sea Fish

Seeds, Wales

Town And Country Planning, Wales

Waste, Wales

Water, Wales

Water Industry, Wales

Water Resources, Wales

Made 20 November 2018

Laid before the National Assembly for Wales 23 November 2018

Coming into force 17 December 2018

The Welsh Ministers make these Regulations in exercise of the powers conferred by—

(a)

section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (“the 1972 Act”)f1, except so far as relating to regulations 2, 5, 15, 16, 36 and 37;

(b)

section 58B of the Government of Wales Act 2006f2, so far as relating to regulations 2 and 5;

(c)

sections 103(1) to (3), (7), 104(4) and (6) of the Water Act 2003f3, so far as relating to regulation 15;

(d)

sections 33A and 219(2)(f) of the Water Resources Act 1991f4, so far as relating to regulation 16;

(e)

sections 1 and 8 of the Animal Health Act 1981f5, so far as relating to regulations 36 and 37.

The Welsh Ministers are designatedf6 for the purposes of section 2(2) of the 1972 Act in relation to—

(a)

the quality of water intended for domestic purposes or for use in a food production undertakingf7;

(b)

measures relating to the prevention, reduction and elimination of pollution caused by waste and the management of packaging and packaging wastef8;

(c)

the prevention, reduction and management of wastef9;

(d)

the prevention and remedying of land contaminationf10;

(e)

flood risk managementf11;

(f)

measures relating to water resourcesf12;

(g)

the protection of waters against pollution caused by nitrates from agricultural sourcesf13;

(h)

the common agricultural policyf14;

(i)

the veterinary and phytosanitary fields for the protection of public healthf15;

(j)

measures relating to the control and regulation of the deliberate release, placing on the market and transboundary movements of genetically modified organismsf16;

(k)

the common agricultural policy of the European Unionf17;

(l)

the veterinary and phytosanitary fields for the protection of public healthf18.

These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Welsh Ministers that it is expedient for references to EU instruments in regulations 11, 17(2), 17(3), 18(2)(a), 18(2)(b), 18(3), 23, 37(2)(a) and 37(4) to be construed as references to those instruments as amended from time to time.

Annotations to the whole text

Footnotes

f1

1972 c. 68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and section 3 of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

f2

2006 c. 32. Section 58B was inserted by the Wales Act 2017 (c. 4), section 20(1). It is prospectively repealed by the European Union (Withdrawal Act) 2018 (c. 16), Schedule 3, paragraphs 27 and 34 from a date to be appointed. Section 58B allows the Welsh Ministers to make secondary legislation using powers in section 2(2) of the European Communities Act 1972 as if they were a Minister of the Crown or government department designated by Order in Council under that provision, provided such legislation would otherwise be within the legislative competence of the National Assembly for Wales. Sections 107 and 108A of the Government of Wales Act 2006, together with paragraph 171 of Part 2 of Schedule 7A to that Act, allow the National Assembly for Wales to make laws in relation to public access information held by the Assembly, the Assembly Commission, the Welsh Government or any Welsh Public Authority, unless supplied by a Minister of the Crown or government department and held in confidence. “Welsh Public Authority” has the same meaning given by section 83 of the Freedom of Information Act 2000 (c. 36), but does not include a reserved authority within the meaning of paragraph 8 of Schedule 7B to the Government of Wales Act 2006.

f3

2003 c. 37. The power of the National Assembly for Wales to make Regulations under section 103(7) was transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006.

f4

1991 c. 57. Functions of the Secretary of State under sections 33A and 219(2) were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by virtue of article 2(1) of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006.

f5

1981 c. 22. Functions of the Ministers under sections 1 and 8 of the Animal Health Act 1981 were transferred, so far as exercisable in relation to Wales, to the National Assembly for Wales, by virtue of S.I. 1999/672. Functions of the Secretary of State were transferred, so far as exercisable in relation to Wales, to the National Assembly for Wales, by virtue of S.I. 2004/3044. Those functions are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006.

f6

By virtue of section 59(2) of the Government of Wales Act 2006, the Welsh Ministers may exercise the power conferred by section 2(2) of the European Communities Act 1972 in relation to any matter, or for any purpose, if they have been designated in relation to that matter or for that purpose.

f7

S.I. 2004/3328. By virtue of paragraph 28(1) of Schedule 11 to the Government of Wales Act 2006, S.I. 2004/3328 has effect as if made under section 59(1) of that Act.

f8

S.I. 2005/850, to which there is an amendment not relevant to these Regulations. By virtue of paragraph 28(1) of Schedule 11 to the Government of Wales Act 2006, S.I. 2005/850 has effect as if made under section 59(1) of that Act.

f9

S.I. 2010/1552.

f10

S.I. 2007/193, to which there is an amendment not relevant to these Regulations. By virtue of paragraph 28(1) of Schedule 11 to the Government of Wales Act 2006, S.I. 2007/193 has effect as if made under section 59(1) of that Act.

f11

S.I. 2011/1683.

f12

S.I. 2003/2901. By virtue of paragraph 28(1) of Schedule 11 to the Government of Wales Act 2006, S.I. 2003/2901 has effect as if made under section 59(1) of that Act.

f13

S.I. 2001/2555. By virtue of paragraph 28(1) of Schedule 11 to the Government of Wales Act 2006, S.I. 2001/2555 has effect as if made under section 59(1) of that Act.

f14

S.I. 2010/2690.

f15

S.I 2008/1792, to which there are amendments not relevant to these Regulations.

f16

S.I. 2003/2901, to which there are amendments not relevant to these Regulations. By virtue of paragraph 28(1) of Schedule 11 to the Government of Wales Act 2006, S.I. 2003/2901 has effect as if made under section 59(1) of that Act.

f17

S.I. 2010/2690.

f18

S.I. 2008/1792.

Contents

  1. Part 1: Introduction
  2. 1Title, application and commencement
  3. Part 2: Amendments to legislation concerning the environment
  4. 2The Urban Waste Water Treatment (England and Wales) Regulations 1994
  5. 3The Drinking Water (Undertakings) (England and Wales) Regulations 2000
  6. 4The Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002
  7. 5The Environmental Information Regulations 2004
  8. 6The Hazardous Waste (Wales) Regulations 2005
  9. 7The Contaminated Land (Wales) Regulations 2006
  10. 8The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009
  11. 9The Wildlife and Countryside (Registration, Ringing and Marking of Certain Captive Birds) (Wales) Regulations 2011
  12. 10The Incidental Flooding and Coastal Erosion (Wales) Order 2011
  13. 11The Controlled Waste (England and Wales) Regulations 2012
  14. 12The Bathing Water Regulations 2013
  15. 13The Nitrate Pollution Prevention (Wales) Regulations 2013
  16. 14The Environmental Permitting (England and Wales) Regulations 2016
  17. 15The Water Abstraction (Transitional Provisions) Regulations 2017
  18. 16The Water Abstraction and Impounding (Exemptions) Regulations 2017
  19. Part 3: Amendments to secondary legislation concerning planning
  20. 17The Environmental Assessment of Plans and Programmes (Wales) Regulations 2004
  21. 18The Planning (Hazardous Substances) (Wales) Regulations 2015
  22. 19The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016
  23. 20The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017
  24. Part 4: Amendments to legislation concerning agriculture
  25. 21The Marketing of Vegetable Plant Material Regulations 1995
  26. 22The Marketing of Ornamental Plant Propagating Material Regulations 1999
  27. 23The Marketing of Fresh Horticultural Produce (Wales) Regulations 2009
  28. 24The Seed Potatoes (Wales) Regulations 2016
  29. Part 5: Amendments to legislation concerning animals
  30. 25The Importation of Embryos, Ova and Semen Order 1980
  31. 26The Importation of Animal Products and Poultry Products Order 1980
  32. 27The Diseases of Poultry (Wales) Order 2003
  33. 28The Foot-and-Mouth Disease (Wales) Order 2006
  34. 29The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006
  35. 30The Avian Influenza (Vaccination) (Wales) (No.2) Regulations 2006
  36. 31The Avian Influenza (H5N1 in Poultry) (Wales) Order 2006
  37. 32The Avian Influenza (H5N1 in Wild Birds) (Wales) Order 2006
  38. 33The Welfare of Farmed Animals (Wales) Regulations 2007
  39. 34The Bluetongue (Wales) Regulations 2008
  40. 35The Control of Salmonella in Broiler Flocks (Wales) Order 2009
  41. 36The Control of Salmonella in Turkey Flocks (Wales) Order 2010
  42. 37The Trade in Animals and Related Products (Wales) Regulations 2011
  43. 38Revocations
  44. Part 6: Amendment to legislation concerning fisheries
  45. 39The Sea Fish Licensing Order 1992
  46. Signature
  47. Explanatory note

1Title, application and commencementI1

(1)

The title of these Regulations is the Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018.

(2)

These Regulations apply in relation to Wales.

(3)

These Regulations come into force on 17 December 2018.

2The Urban Waste Water Treatment (England and Wales) Regulations 1994I1

(1)

The Urban Waste Water Treatment (England and Wales) Regulations 1994f1 are amended as follows.

(2)

In regulation 2(1)—

(a)

in the definition of “the Directive”, after “treatment,” insert “as last amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Councilf2,”;

(b)

in the words after the definition of “Wales”, after “used” insert “in these Regulations and”.

(3)

In Schedule 1, in Part 1, in paragraph (b), for the words from “the concentration” to “Member States” substitute “50 mg/l of nitrates in 95% of the samples”.

3The Drinking Water (Undertakings) (England and Wales) Regulations 2000I1

In regulation 2 of the Drinking Water (Undertakings) (England and Wales) Regulations 2000f1, after “human consumption)” insert “, as last amended by Commission Directive (EU) 2015/1787f2,”.

4The Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002I1

(1)

The Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002f1 are amended as follows.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

For regulation 13(4)(c) substitute—

“(c)

any person, or member of a genetic modification safety committee, from whom advice must be obtained under regulation 8 of the Genetically Modified Organisms (Contained Use) Regulations 2014f2,”.

5The Environmental Information Regulations 2004I1

In regulation 18(6) of the Environmental Information Regulations 2004f1, for the words from “applies to a decision notice” to the end substitute “does not apply”.

6The Hazardous Waste (Wales) Regulations 2005I1

(1)

The Hazardous Waste (Wales) Regulations 2005f1 are amended as follows.

(2)

In regulation 12(3), for “Council Regulation 259/93/EECf2” substitute “Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of wastef3”.

(3)

In Schedule 7, in paragraph 1(b), for the words from “the Annex” to “1994” substitute “Annex 1A to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste”.

7The Contaminated Land (Wales) Regulations 2006I1

In regulation 3(b)(ii) of the Contaminated Land (Wales) Regulations 2006f1, after “water policy” insert “as last amended by Commission Directive 2014/101/EUf2”.

8The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009I1

(1)

The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009f1 are amended as follows.

(2)

In regulation 20, before paragraph (1), insert—

“(A1)

Where a responsible operator has received a notice from the enforcing authority under regulation 18, it must without delay identify potential remedial measures in accordance with Schedule 4 and submit them in writing to the enforcing authority for its approval.”

(3)

In Schedule 1, for paragraph 5 substitute—

“5.
(1)

Damage to a protected species or natural habitat and damage to a site of special scientific interest does not include damage caused by an act expressly authorised by the relevant authorities in accordance with—

(a)

the Conservation (Natural Habitats, &c.) Regulations 1994f2;

(b)

the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001f3;

(c)

the Conservation of Habitats and Species Regulations 2010f4;

(d)

the Conservation of Habitats and Species Regulations 2017f5;

(e)

the Conservation of Offshore Marine Habitats and Species Regulations 2017f6.

(2)

Damage to sites of special scientific interest does not include, in the case of a site that is not a European site damage caused by an act expressly authorised by the relevant authorities in accordance with Part 2 of the Wildlife and Countryside Act 1981f7.

(3)

In sub-paragraph (2), “European site” has the same meaning as in regulation 8 of the Conservation of Habitats and Species Regulations 2017.”

9The Wildlife and Countryside (Registration, Ringing and Marking of Certain Captive Birds) (Wales) Regulations 2011I1

(1)

The Wildlife and Countryside (Registration, Ringing and Marking of Certain Captive Birds) (Wales) Regulations 2011f1 is amended as follows.

(2)

In regulation 5(3), in the definition of “CITES certificate” (“tystysgrif CITES”), after “trade therein” insert “, as last amended by Commission Regulation (EU) 2017/160f2,”.

(3)

In regulation 6(2), at the end insert “, as last amended by Commission Regulation (EU) 2015/870f3”.

10The Incidental Flooding and Coastal Erosion (Wales) Order 2011I1

In article 3(4) of the Incidental Flooding and Coastal Erosion (Wales) Order 2011f1—

(a)

in sub-paragraph (b), at the end insert “, as last amended by Council Directive 2013/17(EU)f2”;

(b)

in sub-paragraph (c), after “water policy” insert “, as last amended by Commission Directive 2014/101/EU”;

(c)

after sub-paragraph (c) omit “and”;

(d)

in sub-paragraph (d), at the end insert “, as last amended by Council Directive 2013/17/EU”.

11The Controlled Waste (England and Wales) Regulations 2012I1

In Schedule 1 to the Controlled Waste (England and Wales) Regulations 2012f1, in paragraph 1, in the definition of “clinical waste”, in paragraph (c), for the words from “Council Directive” to the end substitute “Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixturesf2, as amended from time to time,”.

12The Bathing Water Regulations 2013I1

In regulation 2(2) of the Bathing Water Regulations 2013f1, after “water policy” insert “, as last amended by Commission Directive 2014/101/EU”.

13The Nitrate Pollution Prevention (Wales) Regulations 2013I1

(1)

The Nitrate Pollution Prevention (Wales) Regulations 2013f1 are amended as follows.

(2)

In regulation 6, in the definition of “derogation” (“rhanddirymiad”), omit “and Commission Decision 2013/781/EU”.

(3)

In regulation 11(2)(b), at the end insert “, as last amended by Commission Directive (EU) 2015/1787f2”.

(4)

In regulation 22(2)(a)(ii), at the end insert “, or Regulation (EU) 1305/2013f3”.

14The Environmental Permitting (England and Wales) Regulations 2016I1

In Schedule 10 to the Environmental Permitting (England and Wales) Regulations 2016f1, in paragraph 5—

(a)

in sub-paragraph (4), for the words from “Regulation” to the end substitute “Regulation (EU) 2017/852 of the European Parliament and of the Council on mercuryf2”;

(b)

omit sub-paragraph (5).

15The Water Abstraction (Transitional Provisions) Regulations 2017I1

In regulation 9 of the Water Abstraction (Transitional Provisions) Regulations 2017f1, for paragraph (3) substitute—

“(3)

In paragraph (1), an abstraction of more limited extent does not include—

(a)

a Qn95 hands-off flow constraint on a licence where the licensed abstraction is from a body of inland waters or a body of groundwater where the recent actual flow or quantitative status of the source of supply does not support good ecological potential, good ecological status or good quantitative status, or

(b)

75% of Qn99 hands-off flow constraint on a licence where the licenced abstraction is from a body of inland waters or a body of groundwater where the recent actual flow or quantitative status of the source of supply supports good ecological potential, good ecological status or good quantitative status.”

16The Water Abstraction and Impounding (Exemptions) Regulations 2017I1

(1)

The Water Abstraction and Impounding (Exemptions) Regulations 2017f1 are amended as follows.

(2)

In regulation 2(1)—

(a)

for the definition of “the 2010 Regulations” substitute—

  • ““the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017f2;”;

(b)

in the definition of “conservation site”—

(i)

in paragraph (a), for “regulation 10(5) of the 2010 Regulations” substitute “regulation 12(5) of the 2017 Regulations”;

(ii)

in paragraph (b), for “regulation 11 of the 2010 Regulations” substitute “regulation 13 of the 2017 Regulations”;

(iii)

in paragraph (c), for “regulations 12A and 12B, respectively, of the 2010 Regulations” substitute “regulations 15 and 16, respectively, of the 2017 Regulations”;

(c)

in the definition of “protected species”, in paragraph (a), for “regulation 40(1) of, and Schedule 2 to, the 2010 Regulations” substitute “regulation 42(1) of, and Schedule 2 to, the 2017 Regulations”.

(3)

In regulation 14(1)(b), for “regulation 99(2) of the 2010 Regulations” substitute “regulation 102(2) of the 2017 Regulations”.

17The Environmental Assessment of Plans and Programmes (Wales) Regulations 2004I1

(1)

The Environmental Assessment of Plans and Programmes (Wales) Regulations 2004f1 are amended as follows.

(2)

In regulation 2(1), in the definition of “the Habitats Directive” (“y Gyfarwyddeb Cynefinoedd”), for “as last amended by Council Directive 97/62/EC” substitute “, as amended from time to time”.

(3)

In regulation 5(2)(b), for “Council Directive 85/337/EC on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC” substitute “Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environmentf2, as amended from time to time”.

18The Planning (Hazardous Substances) (Wales) Regulations 2015I1

(1)

The Planning (Hazardous Substances) (Wales) Regulations 2015f1 are amended as follows.

(2)

In Schedule 1—

(a)

in Part 1, column 1, section ‘P’, after “Regulation (EC) No 440/2008” insert “as amended from time to time”;

(b)

in Part 4—

(i)

in paragraph 11(1), after “aerosol dispensers”, in the first place it occurs, insert “as amended from time to time”;

(ii)

in paragraph 13(a), after “fertilisers” insert “as amended from time to time”;

(iii)

in paragraphs 14 and 16(b), after “Regulation (EC) No 2003/2003”, in each place it occurs, insert “as amended from time to time”.

(3)

In Schedule 2, in paragraph 6(a), for “Article 3(1)(b) of Regulation (EC) No 1102/2008 of the European Parliament and of the Council on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury” substitute “Article 13(1) of Regulation (EU) 2017/852 of the European Parliament and of the Council on mercury, and repealing Regulation (EC) No 1102/2008f2, as amended from time to time”.

19The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016I1

(1)

The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016f1 are amended as follows.

(2)

In Schedule 1, in paragraphs 9 and 10, for “Annex IIA to Council Directive 75/442/EEC” substitute “Annex I to Directive 2008/98/EC of the European Parliament and of the Councilf2, as last amended by Council Regulation (EU) 2017/997f3.”

(3)

In Schedule 2, in paragraph 2, in row 3(g) of column 2 of the table, in paragraph (ii), for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “the Environmental Permitting (England and Wales) Regulations 2016f4”.

20The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017I1

(1)

The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017f1 are amended as follows.

(2)

In Schedule 1, in paragraphs 9 and 10, for “Annex IIA to Council Directive 75/442/EEC” substitute “Annex I to Directive 2008/98/EC of the European Parliament and of the Council, as last amended by Council Regulation (EU) 2017/997,”.

(3)

In Schedule 2, in paragraph 2, in row 3(g) of column 2 of the table, in paragraph (ii), for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “the Environmental Permitting (England and Wales) Regulations 2016”.

21The Marketing of Vegetable Plant Material Regulations 1995I1

(1)

The Marketing of Vegetable Plant Material Regulations 1995f1 are amended as follows.

(2)

In regulation 5(d)(i), for “the Vegetable Seeds Regulations 1993f2” substitute “the Seed Marketing (Wales) Regulations 2012f3”.

(3)

In regulation 8(4), for “the Vegetable Seeds Regulations 1993” substitute “the Seed Marketing (Wales) Regulations 2012”.

22The Marketing of Ornamental Plant Propagating Material Regulations 1999I1

(1)

The Marketing of Ornamental Plant Propagating Material Regulations 1999f1 are amended as follows.

(2)

In regulation 2(1)—

(a)

omit the definition of “Directive 77/93/EEC”;

(b)

in the definition of “Directive 98/56/EC”, at the end insert “, as last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Councilf2”;

(c)

after the definition of “Directive 98/56/EC” insert—

  • ““Directive 2000/29/EC” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Communityf3;”.

(3)

In regulation 9(2), for “Council Directive 77/93/EEC” substitute “Directive 2000/29/EC”.

23The Marketing of Fresh Horticultural Produce (Wales) Regulations 2009I1

In regulation 2(2) of the Marketing of Fresh Horticultural Produce (Wales) Regulations 2009f1, for the definition of “Regulation (EU) 2013” (“Rheoliad (EU) 2013”) substitute—

  • ““Regulation (EU) 2013” (“Rheoliad (EU) 2013”) means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural productsf2, as amended from time to time;”.

24The Seed Potatoes (Wales) Regulations 2016I1

In regulation 3 of the Seed Potatoes (Wales) Regulations 2016f1—

(a)

in the definition of “the Decision” (“y Penderfyniad”), at the end insert “, as last amended by Commission Implementing Decision (EU) 2016/320f2”;

(b)

in the definition of “the Directive” (“y Gyfarwyddeb”), at the end insert “, as last amended by Commission Implementing Directive (EU) 2016/317f3”.

25The Importation of Embryos, Ova and Semen Order 1980I1

(1)

The Importation of Embryos, Ova and Semen Order 1980f1 is amended as follows.

(2)

In article 2—

(a)

in paragraph (a), for “the Animal Health Act 1981f2” substitute “the Act”;

(b)

in paragraph (b), for “section 84(3)(a) and (b)” substitute “section 88(1) and (3)”.

(3)

In article 3, in the definition of “the Act”, for “the Diseases of Animals Act 1950f3” substitute “the Animal Health Act 1981”.

(4)

Omit article 9.

26The Importation of Animal Products and Poultry Products Order 1980I1

(1)

The Importation of Animal Products and Poultry Products Order 1980f1 is amended as follows.

(2)

In article 2—

(a)

in the words before paragraph (a), for “the Animal Health Act 1981 (“the 1981 Act”)” substitute “the Act”;

(b)

in paragraphs (a) and (b), for “the 1981 Act” substitute “the Act”.

(3)

In article 3, in the definition of “the Act”, for “the Diseases of Animals Act 1950” substitute “the Animal Health Act 1981”.

(4)

Omit article 10.

27The Diseases of Poultry (Wales) Order 2003I1

(1)

The Diseases of Poultry (Wales) Order 2003f1 is amended as follows.

(2)

In article 3(1)—

(a)

in the appropriate place, insert—

(b)

in the definition of “disinfect” (“diheintio”), for “the Diseases of Animals (Approved Disinfectants) Order 1978f3” substitute “the Diseases of Animals (Approved Disinfectants) (Wales) Order 2007f4”.

(3)

In article 6(4), for “Annex III of Council Directive 92/40/EECf5” substitute “Article 50 of Council Directive 2005/94/EC”.

(4)

In Schedule 1—

(a)

in Part 1, in paragraph 6, for “article 4.2(e) of, and Annex I to, Council Directive 92/40/EEC” substitute “Article 7(2)(f) of, and Annex 3 to, Council Directive 2005/94/EC”;

(b)

in Part 2, in paragraph 11, for “Annex II of Council Directive 92/40/EEC” substitute “Annex 6 to Council Directive 2005/94/EC”.

28The Foot-and-Mouth Disease (Wales) Order 2006I1

(1)

The Foot-and-Mouth Disease (Wales) Order 2006f1 is amended as follows.

(2)

In article 8(a), for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “the Diseases of Animals (Approved Disinfectants) (Wales) Order 2007”.

(3)

In article 43(1)(b)(ii), for the words from “regulation 9” to the end substitute “the Trade in Animals and Related Products (Wales) Regulations 2011f2”.

29The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006I1

(1)

The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006f1 is amended as follows.

(2)

In article 2, in the definition of “border inspection post”, for the words from “Schedule 2” to the end substitute “regulation 11 of the Trade in Animals and Related Products (Wales) Regulations 2011”.

(3)

In article 3—

(a)

in paragraph (4), for “the Specified Animal Pathogens Order 1998f2” substitute “the Specified Animal Pathogens (Wales) Order 2008f3”;

(b)

in paragraph (5), for the words from “Regulation 19” to the end substitute “Article 6 of Commission Implementing Regulation (EU) No 139/2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereoff4”.

(4)

In article 4(7), for “Department for Agriculture and Rural Development of Northern Ireland” substitute “Department of Agriculture, Environment and Rural Affairs, Northern Ireland”.

(5)

In article 66(5)(a), for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “the Diseases of Animals (Approved Disinfectants) (Wales) Order 2007”.

(6)

In article 71(3)—

(a)

in sub-paragraph (a), for “section 8(2) of the Medicines Act 1968f5” substitute “regulation 17 of the Human Medicines Regulations 2012f6”;

(b)

in sub-paragraph (b), for “Regulation 5 of the Veterinary Medicines Regulations 2005f7” substitute “regulation 5 of the Veterinary Medicines Regulations 2013f8”;

(c)

in sub-paragraph (d), for “the Specified Animal Pathogens Order 1998” substitute “the Specified Animals Pathogens (Wales) Order 2008”.

30The Avian Influenza (Vaccination) (Wales) (No.2) Regulations 2006I1

In regulation 5(2)(b) of the Avian Influenza (Vaccination) (Wales) (No.2) Regulations 2006f1, for “regulation 8(3) the Veterinary Medicines Regulations 2005” substitute “regulation 3(2)(b) of the Veterinary Medicines Regulations 2013”.

31The Avian Influenza (H5N1 in Poultry) (Wales) Order 2006I1

(1)

The Avian Influenza (H5N1 in Poultry) (Wales) Order 2006f1 is amended as follows.

In article 12—

(a)

in paragraph (1)—

(i)

after sub-paragraph (a) omit “or”;

(ii)

omit sub-paragraph (b);

(b)

omit paragraph (2).

(2)

In article 17(1)(a), for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “the Diseases of Animals (Approved Disinfectants) (Wales) Order 2007”.

32The Avian Influenza (H5N1 in Wild Birds) (Wales) Order 2006I1

In article 18(1)(a) of the Avian Influenza (H5N1 in Wild Birds) (Wales) Order 2006f1, for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “the Diseases of Animals (Approved Disinfectants) (Wales) Order 2007”.

33The Welfare of Farmed Animals (Wales) Regulations 2007I1

In regulation 2(2) of the Welfare of Farmed Animals (Wales) Regulations 2007f1—

(a)

in sub-paragraph (a), for the words from “Directive 91/630/EECf2” to the end substitute “Directive 2008/120/EC laying down minimum standards for the protection of pigsf3”;

(b)

after sub-paragraph (b) omit “and”;

(c)

in sub-paragraph (c), for the words from “Directive 91/629/EECf4” to the end substitute “Directive 2008/119/EC laying down minimum standards for the protection of calvesf5”.

34The Bluetongue (Wales) Regulations 2008I1

In regulation 17 of the Bluetongue (Wales) Regulations 2008f1, for “the Veterinary Medicines Regulations 2011f2” substitute “the Veterinary Medicines Regulations 2013”.

35The Control of Salmonella in Broiler Flocks (Wales) Order 2009I1

(1)

The Control of Salmonella in Broiler Flocks (Wales) Order 2009f1 is amended as follows.

(2)

In article 2, in the appropriate place, insert—

  • ““Commission Regulation (EU) No 200/2012 (“Rheoliad y Comisiwn (EU) Rhif 200/2012”) means Commission Regulation (EU) 200/2012 of 8 March 2012 concerning a Union target for the reduction of Salmonella enteritidis and Salmonella typhimurium in flocks of broilers, as provided for in Regulation (EC) No 2160/2003 of the European Parliament and of the Councilf2;”.

(3)

In article 3, for paragraph (a) substitute—

“(a)

Commission Regulation (EU) No 200/2012;”.

(4)

In article 5(1)—

(a)

for “Regulation (EC) No 646/2007” substitute “Commission Regulation (EU) No 200/2012”;

(b)

for “point 3.1” substitute “point 2.2.4”;

(c)

for “express post” substitute “express mail”.

(5)

In article 8, for “Regulation (EC) No 646/2007” substitute “Commission Regulation (EU) No 200/2012”.

36The Control of Salmonella in Turkey Flocks (Wales) Order 2010I1

(1)

The Control of Salmonella in Turkey Flocks (Wales) Order 2010f1 is amended as follows.

(2)

In article 2(2)—

(a)

for sub-paragraph (a) substitute—

“(a)

Regulation (EU) No 1190/2012 is a reference to Commission Regulation (EU) No 1190/2012 concerning a Union target for the reduction of Salmonella enteritidis and Salmonella typhimurium in flocks of turkeys, as provided for in Regulation (EC) No 2160/2003 of the European Parliament and of the Councilf2, as amended from time to time,”;

(b)

omit sub-paragraph (b).

(3)

In article 4(1)—

(a)

for “Regulation (EC) No 584/2008” substitute “Regulation (EU) No 1190/2012”;

(b)

for “point 3.1” substitute “point 2.2.4”.

(4)

In article 7, for “Regulation (EC) No 584/2008 substitute “Regulation (EU) No 1190/2012, as amended from time to time”.

37The Trade in Animals and Related Products (Wales) Regulations 2011I1

In Schedule 2 to the Trade in Animals and Related Products (Wales) Regulations 2011f1, in Part 2, in paragraph 9(1), for the words from “Commission Regulation” to the end substitute “Commission Implementing Regulation (EU) No 139/2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereoff2”.

38RevocationsI1

The following Regulations are revoked—

(a)

the Salmonella in Laying Flocks (Survey Powers) (Wales) Regulations 2005f1;

(b)

the Salmonella in Broiler Flocks (Survey Powers) (Wales) Regulations 2006f2.

39The Sea Fish Licensing Order 1992I1

In article 2 of the Sea Fish Licensing Order 1992f1, in the definition of “length”, for the words from “Council Regulation” to the end substitute “Regulation (EU) 2017/1130 of the European Parliament and of the Council defining characteristics for fishing vesselsf2”.

Signature

Lesley Griffiths

Cabinet Secretary for Energy, Planning and Rural Affairs, one of the Welsh Ministers

Explanatory note

(This note is not part of the Regulations)

These Regulations make amendments in relation to Wales to a number of pieces of secondary legislation relating to the environment, planning and rural affairs.

Regulation 5 amends regulation 18(6) of the Environmental Information Regulations 2004 (S.I. 2004/3391) to end the application of section 53 of the Freedom of Information Act 2000 (c. 32) (exception from duty to comply with decision notice or enforcement notice) to those Regulations. This follows the ruling of the Supreme Court in R (on the application of Evans) and another v Attorney General [2015] UKSC 21 that the issuing of any certificate under regulation 18(6) in respect of environmental information is incompatible with Article 6 of Directive 2003/4/EC of the European Parliament and of the Council on public access to environmental information (OJ No L 41, 14.2.2003, p. 26).

Regulation 8 amends regulation 20 of the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 (S.I. 2009/995 (W. 81)) (“the 2009 Regulations”) to require operators to identify potential remedial measures and submit them to the enforcement authority. Regulation 8 also amends Schedule 1 to the 2009 Regulations to ensure proper transposition of Directive 2004/35/EC (OJ No L 143, 30.4.2004, p. 56). The amendment addresses damage to a site of scientific interest which is also a European Site (as defined in regulation 8 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012)). It provides that damage caused by an act expressly authorised by the relevant authorities in accordance with Part 2 of the Wildlife and Countryside Act 1981 (c. 69) (“the 1981 Act”) is not automatically excluded from the scope of the 2009 Regulations. Such damage will continue to be excluded if the authorisation under the 1981 Act was granted in accordance with legislation transposing Council Directive 92/42/EEC on the conservation of natural habitats and of wild fauna and flora (OJ No L 206, 22.7.1992, p. 7).

Regulation 15 amends the Water Abstraction (Transitional Provisions) Regulations 2017 (S.I. 2017/1047) to correct an error in the description of what circumstances qualify as granting a more limited abstraction licence than that applied for.

The Regulations make other miscellaneous amendments to legislation in the fields of agriculture, animal health and welfare, environmental protection, sea fisheries, seeds, town and country planning, waste and water, in particular amending out of date references to European legislation in domestic legislation.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.