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

Interpretation

2.—(1) In these Regulations—

• “activity” (“gweithgaredd”) means any economic activity, whether public or private and whether or not carried out for profit;

• “groundwater” (“dŵ r daear”) means all water that is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;

• “local authority” (“awdurdod lleol”) means a county council or a county borough council;

• “natural habitat” (“cynefin naturiol”) means—

  (a)

  the habitats of species mentioned in Article 4(2) of, or Annex I to, Council Directive 79/409/EEC on the conservation of wild birds(1) or listed in Annex II to Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(2);

  (b)

  the natural habitats listed in Annex I to Council Directive 92/43/EEC; and

  (c)

  the breeding sites or resting places of the species listed in Annex IV to Council Directive 92/43/EEC;

• “natural resource” (“adnoddyn naturiol”) means—

  (a)

  protected species;

  (b)

  natural habitats;

  (c)

  species or habitats on a site of special scientific interest for which the site has been notified under section 28 of the Wildlife and Countryside Act 1981(3);

  (d)

  water; and

  (e)

  land;

• “operator” (“gweithredwr”) means a person who operates or controls an activity, the holder of a permit or authorisation relating to that activity or the person registering or notifying such an activity;

• “protected species” (“rhywogaethau a warchodir”) means the species mentioned in Article 4(2) of Council Directive 79/409/EEC or listed in Annex I to that Directive or Annexes II and IV to Council Directive 92/43/EEC;

• “services” (“gwasanaethau”) means the functions performed by a natural resource for the benefit of another natural resource or the public;

• “Wales” (“Cymru”) has the meaning given under section 158 of the Government of Wales Act 2006(4).

(2) Unless otherwise defined in these Regulations, expressions used in Directive 2004/35/EC of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage(5) have the same meaning in these Regulations.

(3) In relation to the deliberate release and placing on the market of genetically modified organisms, “operator” (“gweithredwr”) and “responsible operator” (“gweithredwr cyfrifol”) includes—

(a) the holder of a relevant consent issued under Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms(6);

(b) the holder of a relevant consent for the deliberate release of genetically modified organisms granted by the Welsh Ministers under section 111(1) of the Environmental Protection Act 1990(7); or

(c) the holder of a relevant authorisation issued under Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed(8).

(1)

OJ No L 103, 25.4.1979, p. 1 as last amended by Council Directive 2008/102/EC, OJ No L 323, 3.12.008, p. 31).

(2)

OJ No L 206, 22.7.1992, p. 7 as last amended by Council Directive 2006/105/EC (OJ No L 363, 20.12.2006, p. 368).

(3)

1981 c. 69. Part II of the Act (which includes section 28) was inserted by Schedule 9 to the Countryside and Rights of Way Act 2000 (c. 37) and subsequently amended by Schedule 11 to the Natural Environment and Rural Communities Act 2006 (c. 16).

(4)

2006 c. 32.

(5)

OJ No L 143, 30.4.2004, p. 56 as amended by Directive 2006/21/EC (OJ No L 102, 11.4.2006, p. 15).

(6)

OJ No L 106, 17.4.2001, p. 1 as last amended by Directive 2008/27/EC of the European Parliament and of the Council (OJ No L 81, 20.3.2008, p. 45).

(7)

1990 c. 43.

(8)

OJ No L 268, 18.10.2003, p. 1 as last amended by Regulation (EC) No 298/2008 of the European Parliament and of the Council (OJ No L 97, 9.4.2008, p. 64).