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Changes over time for: Section 19
Timeline of Changes
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.
Status:
Point in time view as at 18/12/2015.
Changes to legislation:
There are currently no known outstanding effects for the The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, Section 19.
Changes to Legislation
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.
Appeals against liability to remediate
19.—(1) A person served with notification under regulation 18 may notify the Welsh Ministers that that person intends to appeal against that notification.
(2) Notice of appeal must be served on the Welsh Ministers within 28 days of service of the notification under regulation 18 unless the time limit is extended by the Welsh Ministers.
(3) The grounds of appeal are—
(a)the operator's activity was not a cause of the environmental damage;
(b)the enforcing authority has acted unreasonably in deciding that the damage is environmental damage;
(c)the environmental damage resulted from compliance with an instruction from a public authority (except an instruction relating to an emission or incident caused by the operator's own activities);
(d)the responsible operator was not at fault or negligent and the environmental damage was caused by an emission or event expressly authorised by, and fully in accordance with the conditions of a permit listed in Schedule 3;
(e)the responsible operator was not at fault or negligent and the environmental damage was caused by an emission or activity or any manner of using a product in the course of an activity that the operator demonstrates was not considered likely to cause environmental damage according to the state of scientific and technical knowledge at the time when the emission was released or the activity took place;
(f)the environmental damage was the result of an act of a third party and occurred despite the fact that the responsible operator took all appropriate safety measures.
(4) Paragraph 3(e) does not apply in relation to the deliberate release of genetically modified organisms.
(5) Schedule 5 contains procedures for the appeal.
(6) The person deciding the appeal may confirm or quash the notice.
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