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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 4
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Meaning of “environmental damage”
4.—(1) These Regulations apply in relation to the prevention and remediation of environmental damage; and “environmental damage” (“difrod amgylcheddol”) is damage to—
(a)protected species or natural habitats, or a site of special scientific interest,
(b)surface water or groundwater, F1...
F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(c)marine waters, or
(d)land,]
as specified in this regulation.
(2) Environmental damage to protected species or natural habitats or a site of special scientific interest means damage of a kind specified in Schedule 1.
(3) Environmental damage to surface water means damage to a surface water body classified as such pursuant to Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy M1 such that—
(a)a biological quality element listed in Annex V to that Directive,
(b)the level of a chemical listed in the legislation in Annex IX or a chemical listed in Annex X to that Directive, or
(c)a physicochemical quality element listed in Annex V to that Directive,
changes sufficiently to lower the status of the water body in accordance with Directive 2000/60/EC of the European Parliament and of the Council (whether or not the water body is in fact reclassified as being of lower status).
(4) Environmental damage to groundwater means any damage to a body of groundwater such that its conductivity, level or concentration of pollutants changes sufficiently to lower its status pursuant to Directive 2000/60/EC of the European Parliament and of the Council (and for pollutants Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration M2) (whether or not the body of groundwater is in fact reclassified as being of lower status).
F4(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(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.]
Textual Amendments
F1Word in reg. 4(1)(b) omitted (19.7.2015) by virtue of The Environmental Damage (Prevention and Remediation) (Amendment) (Wales) Regulations 2015 (S.I. 2015/1394), regs. 1(2), 2(3)(a)(i)
F2Reg. 4(1)(c) omitted (19.7.2015) by virtue of The Environmental Damage (Prevention and Remediation) (Amendment) (Wales) Regulations 2015 (S.I. 2015/1394), regs. 1(2), 2(3)(a)(ii)
F3Reg. 4(1)(c)(d) inserted (19.7.2015) by The Environmental Damage (Prevention and Remediation) (Amendment) (Wales) Regulations 2015 (S.I. 2015/1394), regs. 1(2), 2(3)(a)(ii)
F4Reg. 4(5) omitted (19.7.2015) by virtue of The Environmental Damage (Prevention and Remediation) (Amendment) (Wales) Regulations 2015 (S.I. 2015/1394), regs. 1(2), 2(3)(b)
F5Reg. 4(5)(6) inserted (19.7.2015) by The Environmental Damage (Prevention and Remediation) (Amendment) (Wales) Regulations 2015 (S.I. 2015/1394), regs. 1(2), 2(3)(b)
Marginal Citations
M1OJ No L 327, 22.12.2000, p. 1 as last amended by Directive 2008/105/EC of the European Parliament and of the Council (OJ No L 348, 24.12.2008, p. 84).
M2OJ No L 372, 27.12.2006, p. 19.
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