- Latest available (Revised) - English
- Latest available (Revised) - Welsh
- Original (As made) - English
- Original (As made) - Welsh
There are currently no known outstanding effects for the The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, Section 8.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
8.—(1) These Regulations do not apply in relation to—
(a)damage that took place before the coming into force of these Regulations;
(b)damage that takes place after that date, or is threatened after that date, but is caused by an incident, event or emission that took place before that date; or
(c)damage caused by an incident, event or emission that takes place after that date if it derives from an activity that took place and finished before that date.
[F1(1A) Paragraph (1) applies in relation to damage to marine waters as if, in sub-paragraph (a), for “the coming into force of these Regulations” there were substituted “19 July 2015”.]
(2) They do not apply in relation to environmental damage caused by—
(a)an act of terrorism;
(b)an exceptional natural phenomenon, provided the operator of the activity concerned took all reasonable precautions to protect against damage being caused by such an event;
(c)activities the sole purpose of which is to protect from natural disasters;
(d)an incident in respect of which liability or compensation falls within the scope of—
(i)the International Convention of 27 November 1992 on Civil Liability for Oil Pollution Damage;
(ii)the International Convention of 27 November 1992 on the Establishment of an International Fund for Compensation for Oil Pollution Damage M1; or
(iii)the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 M2;
(e)activities the main purpose of which is to serve national defence or international security;
(f)radioactivity from an activity covered by the Treaty establishing the European Atomic Energy Community or caused by an incident or activity in respect of which liability or compensation falls within the scope of the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy and the Brussels Supplementary Convention of 31 January 1963; or
(g)damage caused in the course of commercial sea fishing if all legislation relating to that fishing was complied with.
(3) They only apply to environmental damage caused by pollution of a diffuse character if it is possible to establish a causal link between the damage and specific activities.
Textual Amendments
F1Reg. 8(1A) inserted (19.7.2015) by The Environmental Damage (Prevention and Remediation) (Amendment) (Wales) Regulations 2015 (S.I. 2015/1394), regs. 1(2), 2(5)
Marginal Citations
M1Both these conventions were implemented in the Merchant Shipping Act 1995 (c. 21).
M2Implemented in the Merchant Shipping Act 1995 by amendments made to that Act by S.I. 2006/1244.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.
Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: