The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009
W.S.I. 2009/995 · Made 11 April 2009
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
- Part 1: Introductory provisions
- 1Title, commencement and application
- 2Interpretation
- 3References to EU instruments
- 4Meaning of “environmental damage”
- 5Environmental damage to which these Regulations apply
- 6Areas of application
- 7Other legislation
- 8Exemptions
- 9Exemption from damage to water
- 10Enforcing authorities under the Environmental Permitting (England and Wales) Regulations 2016
- 11Enforcing authorities in other cases
- 12Enforcement
- Part 2: Preventing environmental damage
- 13Preventing environmental damage
- 14Preventing further environmental damage
- 15Action by the enforcing authority
- 16Following instructions from a public authority
- Part 3: Remediation
- 17Assessment of damage
- 18Determining liability to remediate
- 18AReporting by enforcing authorities
- 19Appeals against liability to remediate
- 20Remediation notices
- 21Appeal against the remediation notice
- 22Further provisions on remediation notices
- 23Action by the enforcing authority
- Part 4: Administration and enforcement
- 24Costs when the enforcing authority acts instead of the operator
- 25Costs concerned with administration
- 26Proceedings for costs by an enforcing authority
- 27Costs recoverable from owner to be a charge on premises
- 28Recovery of costs from other persons
- 29Requests for action by interested parties
- 30Grant of and compensation for rights of entry etc.
- 31Powers of authorised persons
- 32Provision of information to the enforcing authority
- 33Enforcement
- 34Penalties
- Signature
- Schedule 1: Damage to protected species, natural habitats and sites of special scientific interest
- 1Damage to protected species and natural habitats
- 2Conservation status of natural habitats
- 3Conservation status of species
- 4Sites of special scientific interest
- 5Express authorisation
- Schedule 2: Activities causing damage
- 1Operations to which this Schedule applies
- 1AOperations to which this Schedule applies
- 2Operation of permitted installations
- 3Waste management operations
- 4Mining waste
- 5Discharges requiring authorisation
- 6Water abstraction and impoundment
- 7Dangerous substances, plant protection products and biocidal products
- 8Transport
- 9Genetically modified organisms
- 10Transboundary shipment of waste
- 11Operation of carbon dioxide storage sites
- Schedule 3: Permits, etc.
- 1Paragraph 1
- Schedule 4: Remediation
- Part 1: Remediation of damage to natural resources other than land
- 1Application of Part 1
- 2Risk to human health
- 3Objective
- 4Primary and complementary remediation
- 5Compensatory remediation
- 6Choice of remediation
- 7Identification of complementary and compensatory remediation
- 8Options
- Part 2: Remediation of damage to land
- 9Remediation of damage to land
- Schedule 5: Appeals
- Part 1: Appeals when the Welsh Ministers are not the enforcing authority
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Part 2: Appeals when the Welsh Ministers are the enforcing authority
- 11Paragraph 11
- Schedule 6: Compensation
- 1Compensation for grant of rights
- 2Interpretation
- 3Period for making an application
- 4Manner of making an application
- 5Loss and damage for which compensation payable
- 6Basis on which compensation assessed
- 7Determination of disputes
- Explanatory note