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

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

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.”

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 1994^f2;

(b)

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

(c)

the Conservation of Habitats and Species Regulations 2010^f4;

(d)

the Conservation of Habitats and Species Regulations 2017^f5;

(e)

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

(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 1981^f7.

(3)

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