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

Interpretation

2.—(1) In these Regulations—

“activity” (“gweithgaredd”) means any economic activity, whether public or private and whether or not carried out for profit;

[F1 “baseline” (“gwaelodlin”) means the baselines from which the breadth of the territorial sea is measured for the purposes of the Territorial Sea Act 1987;]

“groundwater” (“dŵ r daear”) means all water that is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;

“local authority” (“awdurdod lleol”) means a county council or a county borough council;

[F1 “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 policy;]

“natural habitat” (“cynefin naturiol”) means—

(a)

[F2 the habitats of species mentioned in Article 4(2) of, or Annex I to, Council Directive 2009/147/EC on the conservation of wild birds or listed in Annex II to Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora;]

(b)

the natural habitats listed in Annex I to Council Directive 92/43/EEC; and

(c)

the breeding sites or resting places of the species listed in Annex IV to Council Directive 92/43/EEC;

“natural resource” (“adnoddyn naturiol”) means—

(a)

protected species;

(b)

natural habitats;

(c)

species or habitats on a site of special scientific interest for which the site has been notified under section 28 of the Wildlife and Countryside Act 1981 M1 ;

(d)

water; and

(e)

land;

“operator” (“gweithredwr”) means a person who operates or controls an activity, the holder of a permit or authorisation relating to that activity or the person registering or notifying such an activity;

[F3 “protected species” (“ rhywogaethau a warchodir ”) means a species of a kind mentioned in Article 4(2) of Council Directive 2009/147/EC or listed in Annex I to that Directive or Annexes II and IV to Council Directive 92/43/EEC;]

“services” (“gwasanaethau”) means the functions performed by a natural resource for the benefit of another natural resource or the public;

“Wales” (“Cymru”) has the meaning given under section 158 of the Government of Wales Act 2006 M2 .

(2) Unless otherwise defined in these Regulations, expressions used in Directive 2004/35/EC of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage M3 have the same meaning in these Regulations.

(3) In relation to the deliberate release and placing on the market of genetically modified organisms, “operator” (“gweithredwr”) and “responsible operator” (“gweithredwr cyfrifol”) includes—

(a) the holder of a relevant consent issued under Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms [F4 , or under [F5 assimilated] law which transposed Directive 2001/18/EC in relation to Wales];

(b) the holder of a relevant consent for the deliberate release of genetically modified organisms granted by the Welsh Ministers under section 111(1) of the Environmental Protection Act 1990 M4 ; or

(c) the holder of a relevant authorisation issued under Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed M5 .

Textual Amendments

F1 Words in reg. 2(1) inserted (19.7.2015) by The Environmental Damage (Prevention and Remediation) (Amendment) (Wales) Regulations 2015 (S.I. 2015/1394), regs. 1(2), 2(2)

F2 Words in reg. 2(1) substituted (18.12.2015) by The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (No.2) Regulations 2015 (S.I. 2015/1937), regs. 1(2), 3(a)

F3 Words in reg. 2(1) substituted (18.12.2015) by The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (No.2) Regulations 2015 (S.I. 2015/1937), regs. 1(2), 3(b)

F4 Words in reg. 2(3)(a) inserted (31.12.2020) by The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/244), regs. 1, 2(2); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in reg. 2(3)(a) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Wales) Regulations 2023 (S.I. 2023/1332), regs. 1(2), 9(2)

Marginal Citations

M1 1981 c. 69. Part II of the Act (which includes section 28) was inserted by Schedule 9 to the Countryside and Rights of Way Act 2000 (c. 37) and subsequently amended by Schedule 11 to the Natural Environment and Rural Communities Act 2006 (c. 16).

M2 2006 c. 32.

M3 OJ No L 143, 30.4.2004, p. 56 as amended by Directive 2006/21/EC (OJ No L 102, 11.4.2006, p. 15).

M4 1990 c. 43.

M5 OJ No L 268, 18.10.2003, p. 1 as last amended by Regulation (EC) No 298/2008 of the European Parliament and of the Council (OJ No L 97, 9.4.2008, p. 64).