The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009
PART 1Introductory provisions
1Title, commencement and application
2Interpretation
3References to Community instruments
4Meaning of “environmental damage”
5Environmental damage to which these Regulations apply
6Areas of application
7Other legislation
8Exemptions
9Exemption from damage to water
10Enforcing authorities under the Environmental Permitting (England and Wales) Regulations 2016
11Enforcing authorities in other cases
12Enforcement
PART 2Preventing environmental damage
13Preventing environmental damage
14Preventing further environmental damage
15Action by the enforcing authority
16Following instructions from a public authority
PART 3Remediation
17Assessment of damage
18Determining liability to remediate
19Appeals against liability to remediate
20Remediation notices
21Appeal against the remediation notice
22Further provisions on remediation notices
23Action by the enforcing authority
PART 4Administration and enforcement
24Costs when the enforcing authority acts instead of the operator
25Costs concerned with administration
26Proceedings for costs by an enforcing authority
27Costs recoverable from owner to be a charge on premises
28Recovery of costs from other persons
29Requests for action by interested parties
30Grant of and compensation for rights of entry etc.
31Powers of authorised persons
32Provision of information to the enforcing authority
33Enforcement
34Penalties
SCHEDULE 1Damage to protected species, natural habitats and sites of special scientific interest
1Damage to protected species and natural habitats
2Conservation status of natural habitats
3Conservation status of species
4Sites of special scientific interest
5Express authorisation
SCHEDULE 2Activities causing damage
1Operations to which this Schedule applies
2Operation of permitted installations
3Waste management operations
4Mining waste
5Discharges requiring authorisation
6Water abstraction and impoundment
7Dangerous substances, plant protection products and biocidal products
8Transport
9Genetically modified organisms
10Transboundary shipment of waste
11Operation of carbon dioxide storage sites
SCHEDULE 3Permits, etc.
1The following are permits for the purposes of regulation 19(3)...
SCHEDULE 4Remediation
PART 1Remediation of damage to natural resources other than land
1Application of Part 1
2Risk to human health
3Objective
4Primary and complementary remediation
5Compensatory remediation
6Choice of remediation
7Identification of complementary and compensatory remediation
8Options
PART 2Remediation of damage to land
9Remediation of damage to land
SCHEDULE 5Appeals
PART 1Appeals when the Welsh Ministers are not the enforcing authority
1This Part applies when the Welsh Ministers are not the...
2Notification of appeal must contain— (a) a copy of the...
3When notification is received, the Welsh Ministers must send a...
4The Welsh Ministers must notify the appellant of the time...
5When these are received, the Welsh Ministers must send all...
6At the same time the Welsh Ministers must notify any...
7The Welsh Ministers must then decide whether further evidence is...
8The Welsh Ministers must then refer the appeal to a...
9Following the conclusion of the appeal by the appointed person,...
10The person deciding the appeal may make such order as...
PART 2Appeals when the Welsh Ministers are the enforcing authority
11If the Welsh Ministers are the enforcing authority, the procedures...
SCHEDULE 6Compensation
1Compensation for grant of rights
2Interpretation
3Period for making an application
4Manner of making an application
5Loss and damage for which compensation payable
6Basis on which compensation assessed
7Determination of disputes

2009 No. 995 (W.81)

ENVIRONMENTAL PROTECTION, WALES

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

Made

Laid before the National Assembly for Wales

Coming into force

The Welsh Ministers being designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 make these Regulations under the powers conferred by that section as read with paragraph 1A of Schedule 2 to that Act.

The Regulations make provision for a purpose mentioned in section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for the Community instruments referred to in these Regulations to be construed as references to those instruments as amended from time to time.

Annotations:
Marginal Citations
M1

The relevant designations are conferred by S.I. 2002/248, as amended by S.I. 2006/3329 (measures relating to the conservation of natural habitats and of wild fauna and flora); S.I. 2003/2901, as amended by S.I 2006/3329 (measures relating to water resources and measures relating to the control and regulation of the deliberate release, placing on the market and transboundary movements of genetically modified organisms); S.I. 2005/850, as amended by S.I 2006/3329 (measures relating to the prevention, reduction and elimination of pollution caused by waste and the management of packaging and packaging waste and measures relating to the prevention and limitation of the effects of accidents involving dangerous substances in so far as they relate to land-use planning policies and consents); and S.I. 2007/193 (measures relating to the prevention and remedying of land contamination).

M2

1972 c. 68. Paragraph 1A was inserted into Schedule 2 by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).