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

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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 damageArea of damageEnforcing 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.

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