Regulation 11 Enforcing authorities in other cases
If the damage is caused by an activity that does not require a permit or registration under F1the Environmental Permitting (England and Wales) Regulations 2016 these Regulations are enforced in accordance with the following table.
| Type of environmental damage | Area of damage | Enforcing authority |
|---|---|---|
| Damage to water— | F2Natural Resources Body for Wales | |
| F3Damage to marine waters— | F4All marine waters out to 12 nautical miles from the baseline in Wales | F5the Welsh Ministers |
| Damage to protected species or natural habitats or a site of special scientific interest— | land | F6Natural Resources Body for Wales |
| water but not in the sea(1) | Natural Resources Body for Wales | |
| the sea | — if the damage is due to an activity authorised by the Natural Resources Body for Wales, the Natural Resources Body for Wales; | |
| — otherwise the Welsh Ministers | ||
| Damage to land— | Local authority |
“Sea” includes—
any area submerged at mean high water spring tide; and
each of the following, so far as the tide flows at mean high water spring tide—
every estuary or arm of the sea; and
the waters of any channel, creek, bay or river.
The Welsh Ministers may give directions to an enforcing authority of a general or specific character with respect to the carrying out of its functions under these Regulations.
An enforcing authority must comply with a direction given to it under these Regulations.
Annotations
Textual amendments
- F1
Words in reg. 11(1) substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 30(3)(a) (with regs. 1(3), 77-79, Sch. 4)
- F2
Words in reg. 11 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 5 para. 53(2)(a) (with Sch. 7)
- F3
Words in reg. 11(1) inserted (19.7.2015) by The Environmental Damage (Prevention and Remediation) (Amendment) (Wales) Regulations 2015 (S.I. 2015/1394), regs. 1(2), 2(7)(a)
- F4
Words in reg. 11(1) inserted (19.7.2015) by The Environmental Damage (Prevention and Remediation) (Amendment) (Wales) Regulations 2015 (S.I. 2015/1394), regs. 1(2), 2(7)(b)
- F5
Words in reg. 11(1) inserted (19.7.2015) by The Environmental Damage (Prevention and Remediation) (Amendment) (Wales) Regulations 2015 (S.I. 2015/1394), regs. 1(2), 2(7)(c)
- F6
Words in reg. 11 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 5 para. 53(2)(b) (with Sch. 7)