# The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018, Regulation 8: The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009

Extent: E+W

(1) The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 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 1994;
(b) the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001;
(c) the Conservation of Habitats and Species Regulations 2010;
(d) the Conservation of Habitats and Species Regulations 2017;
(e) the Conservation of Offshore Marine Habitats and Species Regulations 2017.
(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.
(3) In sub-paragraph (2), “European site” has the same meaning as in regulation 8 of the Conservation of Habitats and Species Regulations 2017.”

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Source: https://www.legislation.gov.uk/wsi/2018/1216/regulation/8 (the official version)
Page: https://openlegislation.uk/environment-planning-and-rural-affairs-miscellaneous-amendments-wales-regulations-2018/regulation-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.