Explanatory note

These Regulations amend the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 (“the 2009 Regulations”) which continue to implement Directive 2004/35/EC of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage.

Regulation 3 amends the definitions of “natural habitat” (“cynefin naturiol”) and “protected species” (“rhywogaethau a warchodir”) to reflect the consolidation and replacement of Directive 79/407/EEC by Directive 2009/147/EC.

Regulation 4 amends paragraph 5 of Schedule 1 to the 2009 Regulations to update references to legislation under which damage to protected species and natural habitats, and damage on a site of special scientific interest may be authorised.

Regulation 5 updates the list of EU legislation in Schedule 2 of the 2009 Regulations, by reference to which activities will attract strict liability. The nature of the activities captured in the list is not affected.

References to all EU legislation, other than Directive 2004/35/EC are references to legislation as amended from time to time.

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.