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The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009
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- Wales Statutory Instruments
- 2009 No. 995 (W. 81)
- PART 1
- Regulation 11
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Enforcing authorities in other cases
11.—(1) If the damage is caused by an activity that does not require a permit or registration under [F1the Environmental Permitting (England and Wales) Regulations 2016] these Regulations are enforced in accordance with the following table.
| Type of environmental damage | Area of damage | Enforcing authority |
|---|---|---|
| Damage to water— | [F2Natural Resources Body for Wales] | |
| [F3Damage to marine waters—] | [F4All marine waters out to 12 nautical miles from the baseline in Wales] | [F5the Welsh Ministers] |
| Damage to protected species or natural habitats or a site of special scientific interest— | land | [F6Natural Resources Body for Wales] |
| water but not in the sea(1) | [F2Natural Resources Body for Wales] | |
| the sea | — if the damage is due to an activity authorised by the [F2Natural Resources Body for Wales], the [F2Natural Resources Body for Wales]; | |
| — otherwise the Welsh Ministers | ||
| Damage to land— | Local authority |
(1) “Sea” includes—
(a)any area submerged at mean high water spring tide; and
(b)each of the following, so far as the tide flows at mean high water spring tide—
(i)every estuary or arm of the sea; and
(ii)the waters of any channel, creek, bay or river.
(2) The Welsh Ministers may give directions to an enforcing authority of a general or specific character with respect to the carrying out of its functions under these Regulations.
(3) An enforcing authority must comply with a direction given to it under these Regulations.
Textual Amendments
F1Words in reg. 11(1) substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 30(3)(a) (with regs. 1(3), 77-79, Sch. 4)
F2Words in reg. 11 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 5 para. 53(2)(a) (with Sch. 7)
F3Words in reg. 11(1) inserted (19.7.2015) by The Environmental Damage (Prevention and Remediation) (Amendment) (Wales) Regulations 2015 (S.I. 2015/1394), regs. 1(2), 2(7)(a)
F4Words in reg. 11(1) inserted (19.7.2015) by The Environmental Damage (Prevention and Remediation) (Amendment) (Wales) Regulations 2015 (S.I. 2015/1394), regs. 1(2), 2(7)(b)
F5Words in reg. 11(1) inserted (19.7.2015) by The Environmental Damage (Prevention and Remediation) (Amendment) (Wales) Regulations 2015 (S.I. 2015/1394), regs. 1(2), 2(7)(c)
F6Words in reg. 11 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 5 para. 53(2)(b) (with Sch. 7)
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