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

Exemptions

8.—(1) These Regulations do not apply in relation to—

(a) damage that took place before the coming into force of these Regulations;

(b) damage that takes place after that date, or is threatened after that date, but is caused by an incident, event or emission that took place before that date; or

(c) damage caused by an incident, event or emission that takes place after that date if it derives from an activity that took place and finished before that date.

[F1 (1A) Paragraph (1) applies in relation to damage to marine waters as if, in sub-paragraph (a), for “the coming into force of these Regulations” there were substituted “19 July 2015”.]

(2) They do not apply in relation to environmental damage caused by—

(a) an act of terrorism;

(b) an exceptional natural phenomenon, provided the operator of the activity concerned took all reasonable precautions to protect against damage being caused by such an event;

(c) activities the sole purpose of which is to protect from natural disasters;

(d) an incident in respect of which liability or compensation falls within the scope of—

(i) the International Convention of 27 November 1992 on Civil Liability for Oil Pollution Damage;

(ii) the International Convention of 27 November 1992 on the Establishment of an International Fund for Compensation for Oil Pollution Damage M1 ; or

(iii) the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 M2 ;

(e) activities the main purpose of which is to serve national defence or international security;

(f) radioactivity from an activity covered by the Treaty establishing the European Atomic Energy Community or caused by an incident or activity in respect of which liability or compensation falls within the scope of the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy and the Brussels Supplementary Convention of 31 January 1963; or

(g) damage caused in the course of commercial sea fishing if all legislation relating to that fishing was complied with.

(3) They only apply to environmental damage caused by pollution of a diffuse character if it is possible to establish a causal link between the damage and specific activities.

Textual Amendments

F1 Reg. 8(1A) inserted (19.7.2015) by The Environmental Damage (Prevention and Remediation) (Amendment) (Wales) Regulations 2015 (S.I. 2015/1394), regs. 1(2), 2(5)

Marginal Citations

M1 Both these conventions were implemented in the Merchant Shipping Act 1995 (c. 21).

M2 Implemented in the Merchant Shipping Act 1995 by amendments made to that Act by S.I. 2006/1244.