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Statutory Instruments

2009 No. 995 (W.81)

ENVIRONMENTAL PROTECTION, WALES

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

Made

11 April 2009

Laid before the National Assembly for Wales

15 April 2009

Coming into force

6 May 2009

CONTENTS

Go to Preamble

  1. PART 1

    Introductory provisions

    1. 1. Title, commencement and application

    2. 2. Interpretation

    3. 3. References to Community instruments

    4. 4. Meaning of “environmental damage”

    5. 5. Environmental damage to which these Regulations apply

    6. 6. Areas of application

    7. 7. Other legislation

    8. 8. Exemptions

    9. 9. Exemption from damage to water

    10. 10. Enforcing authorities under the Environmental Permitting (England and Wales) Regulations 2007

    11. 11. Enforcing authorities in other cases

    12. 12. Enforcement

  2. PART 2

    Preventing environmental damage

    1. 13. Preventing environmental damage

    2. 14. Preventing further environmental damage

    3. 15. Action by the enforcing authority

    4. 16. Following instructions from a public authority

  3. PART 3

    Remediation

    1. 17. Assessment of damage

    2. 18. Determining liability to remediate

    3. 19. Appeals against liability to remediate

    4. 20. Remediation notices

    5. 21. Appeal against the remediation notice

    6. 22. Further provisions on remediation notices

    7. 23. Action by the enforcing authority

  4. PART 4

    Administration and enforcement

    1. 24. Costs when the enforcing authority acts instead of the operator

    2. 25. Costs concerned with administration

    3. 26. Proceedings for costs by an enforcing authority

    4. 27. Costs recoverable from owner to be a charge on premises

    5. 28. Recovery of costs from other persons

    6. 29. Requests for action by interested parties

    7. 30. Grant of and compensation for rights of entry etc.

    8. 31. Powers of authorised persons

    9. 32. Provision of information to the enforcing authority

    10. 33. Enforcement

    11. 34. Penalties

    1. SCHEDULE 1

      Damage to protected species, natural habitats and sites of special scientific interest

    2. SCHEDULE 2

      Activities causing damage

    3. SCHEDULE 3

      Permits, etc.

    4. SCHEDULE 4

      Remediation

      1. PART 1

        Remediation of damage to natural resources other than land

      2. PART 2

        Remediation of damage to land

    5. SCHEDULE 5

      Appeals

      1. PART 1

        Appeals when the Welsh Ministers are not the enforcing authority

      2. PART 2

        Appeals when the Welsh Ministers are the enforcing authority

    6. SCHEDULE 6

      Compensation

Go to Explanatory Note

The Welsh Ministers being designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) 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.

(1)

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). Back [1]

(2)

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

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