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

The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 E+W

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.”

Commencement Information

I1 Reg. 8 in force at 17.12.2018, see reg. 1(3)

(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.