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

W.S.I. 2009/995 · Made 11 April 2009

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2024.

ENVIRONMENTAL PROTECTION, WALES

Made 11 April 2009

Laid before the National Assembly for Wales 15 April 2009

Coming into force 6 May 2009

The Welsh Ministers being designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 make these Regulations under the powers conferred by that section as read with paragraph 1A of Schedule 2 to that Act.

The Regulations make provision for a purpose mentioned in section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for the Community instruments referred to in these Regulations to be construed as references to those instruments as amended from time to time.

Annotations to the whole text

Marginal citations

M1

The relevant designations are conferred by S.I. 2002/248, as amended by S.I. 2006/3329 (measures relating to the conservation of natural habitats and of wild fauna and flora); S.I. 2003/2901, as amended by S.I 2006/3329 (measures relating to water resources and measures relating to the control and regulation of the deliberate release, placing on the market and transboundary movements of genetically modified organisms); S.I. 2005/850, as amended by S.I 2006/3329 (measures relating to the prevention, reduction and elimination of pollution caused by waste and the management of packaging and packaging waste and measures relating to the prevention and limitation of the effects of accidents involving dangerous substances in so far as they relate to land-use planning policies and consents); and S.I. 2007/193 (measures relating to the prevention and remedying of land contamination).

M2

1972 c. 68. Paragraph 1A was inserted into Schedule 2 by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

Contents

  1. Part 1: Introductory provisions
  2. 1Title, commencement and application
  3. 2Interpretation
  4. 3References to EU instruments
  5. 4Meaning of “environmental damage”
  6. 5Environmental damage to which these Regulations apply
  7. 6Areas of application
  8. 7Other legislation
  9. 8Exemptions
  10. 9Exemption from damage to water
  11. 10Enforcing authorities under the Environmental Permitting (England and Wales) Regulations 2016
  12. 11Enforcing authorities in other cases
  13. 12Enforcement
  14. Part 2: Preventing environmental damage
  15. 13Preventing environmental damage
  16. 14Preventing further environmental damage
  17. 15Action by the enforcing authority
  18. 16Following instructions from a public authority
  19. Part 3: Remediation
  20. 17Assessment of damage
  21. 18Determining liability to remediate
  22. 18AReporting by enforcing authorities
  23. 19Appeals against liability to remediate
  24. 20Remediation notices
  25. 21Appeal against the remediation notice
  26. 22Further provisions on remediation notices
  27. 23Action by the enforcing authority
  28. Part 4: Administration and enforcement
  29. 24Costs when the enforcing authority acts instead of the operator
  30. 25Costs concerned with administration
  31. 26Proceedings for costs by an enforcing authority
  32. 27Costs recoverable from owner to be a charge on premises
  33. 28Recovery of costs from other persons
  34. 29Requests for action by interested parties
  35. 30Grant of and compensation for rights of entry etc.
  36. 31Powers of authorised persons
  37. 32Provision of information to the enforcing authority
  38. 33Enforcement
  39. 34Penalties
  40. Signature
  41. Schedule 1: Damage to protected species, natural habitats and sites of special scientific interest
  42. 1Damage to protected species and natural habitats
  43. 2Conservation status of natural habitats
  44. 3Conservation status of species
  45. 4Sites of special scientific interest
  46. 5Express authorisation
  47. Schedule 2: Activities causing damage
  48. 1Operations to which this Schedule applies
  49. 1AOperations to which this Schedule applies
  50. 2Operation of permitted installations
  51. 3Waste management operations
  52. 4Mining waste
  53. 5Discharges requiring authorisation
  54. 6Water abstraction and impoundment
  55. 7Dangerous substances, plant protection products and biocidal products
  56. 8Transport
  57. 9Genetically modified organisms
  58. 10Transboundary shipment of waste
  59. 11Operation of carbon dioxide storage sites
  60. Schedule 3: Permits, etc.
  61. 1Paragraph 1
  62. Schedule 4: Remediation
  63. Part 1: Remediation of damage to natural resources other than land
  64. 1Application of Part 1
  65. 2Risk to human health
  66. 3Objective
  67. 4Primary and complementary remediation
  68. 5Compensatory remediation
  69. 6Choice of remediation
  70. 7Identification of complementary and compensatory remediation
  71. 8Options
  72. Part 2: Remediation of damage to land
  73. 9Remediation of damage to land
  74. Schedule 5: Appeals
  75. Part 1: Appeals when the Welsh Ministers are not the enforcing authority
  76. 1Paragraph 1
  77. 2Paragraph 2
  78. 3Paragraph 3
  79. 4Paragraph 4
  80. 5Paragraph 5
  81. 6Paragraph 6
  82. 7Paragraph 7
  83. 8Paragraph 8
  84. 9Paragraph 9
  85. 10Paragraph 10
  86. Part 2: Appeals when the Welsh Ministers are the enforcing authority
  87. 11Paragraph 11
  88. Schedule 6: Compensation
  89. 1Compensation for grant of rights
  90. 2Interpretation
  91. 3Period for making an application
  92. 4Manner of making an application
  93. 5Loss and damage for which compensation payable
  94. 6Basis on which compensation assessed
  95. 7Determination of disputes
  96. Explanatory note