2015 No. 1394 (W. 138)
The Environmental Damage (Prevention and Remediation) (Amendment) (Wales) Regulations 2015
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers are designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to the prevention and remedy of environmental damage and make these Regulations in exercise of the powers conferred by that section as read with paragraph 1A of Schedule 2 to that Act3.
These Regulations amend the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 (“the 2009 Regulations”)4. Regulation 3 of the 2009 Regulations provides that references to EU instruments are references to those instruments as amended from time to time. These Regulations make provision for a purpose mentioned in section 2(2) of, and paragraph 1A of Schedule 2 to, the 1972 Act. It appears to the Welsh Ministers that, for the purposes of the 2009 Regulations as they have effect as amended by these Regulations, it is expedient for the EU instruments referred to in the 2009 Regulations to be construed as references to those instruments as amended from time to time.
Title, commencement, application and interpretation1
1
The title of these Regulations is the Environmental Damage (Prevention and Remediation) (Amendment) (Wales) Regulations 2015.
2
These Regulations come into force on 19 July 2015 and apply in relation to Wales.
3
In these Regulations “Wales” has the meaning given under section 158 of the Government of Wales Act 20065.
Amendments to the Environmental Damage (Prevention and Remediation) (Wales) Regulations 20092
1
The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 are amended as follows.
2
In regulation 2(1) (interpretation), in the appropriate place in alphabetical order insert—
“baseline” (“gwaelodlin”) means the baselines from which the breadth of the territorial sea is measured for the purposes of the Territorial Sea Act 19876;
“marine waters” (“dyfroedd morol”) means waters classified as marine waters pursuant to Directive 2008/56/EC of the European Parliament and of the Council establishing a framework for Community action in the field of marine environmental policy7;
3
In regulation 4 (meaning of “environmental damage”)—
a
in paragraph (1)—
i
in sub-paragraph (b) omit the second “or”;
ii
omit sub-paragraph (c) and insert—
c
marine waters, or
d
land,
b
omit paragraph (5) and insert—
5
Environmental damage to marine waters means damage to marine waters such that their environmental status is significantly adversely affected.
6
Environmental damage to land means contamination of land by substances, preparations, organisms or micro-organisms that results in a significant risk of adverse effects on human health.
4
In regulation 6 (areas of application)—
a
in paragraph (1)—
i
after the entry in the table “Damage to water” create a new row and in the first column (Type of damage) insert “Damage to marine waters”; and
ii
in the corresponding entry in the second column (Area in which these Regulations apply) insert—
All marine waters within any of the following descriptions—
- a
marine waters up to one nautical mile seaward from the baseline in Wales so far as not already addressed as damage to water;
- b
marine waters from one nautical mile seaward from the baseline in Wales, extending out to 12 nautical miles from the baseline in Wales
b
omit paragraph (2).
5
After regulation 8(1) (exemptions) insert—
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”.
6
In regulation 10 (enforcing authorities under the Environmental Permitting (England and Wales) Regulations 2010)8 omit paragraph (3)(b)(iii) and insert—
iii
the Welsh Ministers, if the damage is to marine waters; and
iv
the Natural Resources Body for Wales, if the damage is to natural habitats or protected species or a site of special scientific interest.
7
In regulation 11(1) (enforcing authorities in other cases) after the entry in the table “Damage to water—” create a new row and insert—
a
in the first column of the table (Type of environmental damage) “Damage to marine waters—”;
b
in the corresponding entry in the second column (Area of damage) insert “All marine waters out to 12 nautical miles from the baseline in Wales”; and
c
in the corresponding entry in the third column (Enforcing authority) insert “the Welsh Ministers”.
(This note is not part of the Regulations)