The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018

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

8.—(1) The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009(1) are amended as follows.

(2) In regulation 20, before paragraph (1), insert—

“(A1) Where a responsible operator has received a notice from the enforcing authority under regulation 18, it must without delay identify potential remedial measures in accordance with Schedule 4 and submit them in writing to the enforcing authority for its approval.”

(3) In Schedule 1, for paragraph 5 substitute—

“5.— (1) Damage to a protected species or natural habitat and damage to a site of special scientific interest does not include damage caused by an act expressly authorised by the relevant authorities in accordance with—

(a) the Conservation (Natural Habitats, &c.) Regulations 1994(2);

(b) the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001(3);

(c) the Conservation of Habitats and Species Regulations 2010(4);

(d) the Conservation of Habitats and Species Regulations 2017(5);

(e) the Conservation of Offshore Marine Habitats and Species Regulations 2017(6).

(2) Damage to sites of special scientific interest does not include, in the case of a site that is not a European site damage caused by an act expressly authorised by the relevant authorities in accordance with Part 2 of the Wildlife and Countryside Act 1981(7).

(3) In sub-paragraph (2), “European site” has the same meaning as in regulation 8 of the Conservation of Habitats and Species Regulations 2017.”

(1)

S.I. 2009/995 (W. 81), to which there are amendments not relevant to these Regulations.

(2)

1994/2716 amended by paragraph 233(1) of Schedule 22 to the Environment Act 1995 (c. 25); S.I. 1996/525; 1997/3055; 2000/192 and 1973; 2003/2155; 2005/3389; 2006/1282; 2007/1843 and 3538; 2008/2172; 2009/6, 1307, 2438 and 3160; and paragraph 4(1) of Schedule 11 to the Marine and Coastal Access Act 2009 (c. 23); and revoked (in relation to England and Wales) by S.I. 2010/490.

(3)

S.I. 2001/1754, amended by S.I. 2007/77 and 1842; and 2010/1513.

(4)

S.I. 2010/490.

(5)

S.I. 2017/1012.

(6)

S.I. 2017/1013.

(7)

1981 c. 69.