Version Superseded: 01/01/2024
Point in time view as at 31/12/2020.
There are currently no known outstanding effects for the The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, SCHEDULE 2.
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Regulation 5
1. This Schedule lists the activities for which there is liability under regulation 5(1).
[F11A. A reference in this Schedule to an activity being authorised, prohibited, operated or managed pursuant to, or subject to, a permit or registration under an EU Directive includes, after exit day, any activity authorised, prohibited, operated or managed pursuant to, or subject to, a permit or registration under any retained EU law which transposed that Directive.]
Textual Amendments
2. The operation of installations subject to permit in pursuance of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control).]
Textual Amendments
F2Sch. 2 para. 2 substituted (18.12.2015) by The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (No.2) Regulations 2015 (S.I. 2015/1937), regs. 1(2), 5(a)
3.—(1) Waste management operations, including the collection, transport, recovery and disposal of waste and hazardous waste, including the supervision of such operations and after—care of disposal sites, subject to permit or registration in pursuance of [F3Directive 2008/98/EC of the European Parliament and of the Council on waste].
(2) The operation of landfill sites under Council Directive 1999/31/EC on the landfill of waste M1 and the operation of incineration plants under [F4Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control).]
(3) This does not include the spreading of sewage sludge from urban waste water treatment plants, treated to an approved standard, for agricultural purposes.
Textual Amendments
F3Words in Sch. 2 para. 3(1) substituted (29.3.2011) by The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), regs. 1(2), 6
F4Words in Sch. 2 para. 3(2) substituted (18.12.2015) by The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (No.2) Regulations 2015 (S.I. 2015/1937), regs. 1(2), 5(b)
Marginal Citations
M1OJ No L 182, 16.7.99, p. 1 as 1ast amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council (OJ No L 311, 21.11.2008, p. 1).
4. The management of extractive waste under Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries M2.
Marginal Citations
M2OJ No L102, 11.4.2006, p. 15.
5.—(1) All discharges into the inland surface water that require prior authorisation in pursuance of Directive 2006/11/EC of the European Parliament and of the Council on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community M3.
(2) All discharges of substances into groundwater that require prior authorisation in pursuance of Council Directive 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances M4 [F5or Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration].
(3) All discharges or injections of pollutants into surface water or groundwater that require a permit, authorisation or registration under Directive 2000/60/EC of the European Parliament and of the Council of establishing a framework for Community action in the field of water policy M5.
Textual Amendments
F5Words in Sch. 2 para. 5(2) inserted (18.12.2015) by The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (No.2) Regulations 2015 (S.I. 2015/1937), regs. 1(2), 5(c)
Marginal Citations
M3OJ No L 64 ,4.3.2006, p. 52.
M4OJ No L 20, 26.1.80, p. 43 as amended by Council Directive 91/692/EC (OJ No L 377, 31.12.1991, p. 48).
M5OJ No L 327, 22.12.2000, p. 1 as amended by Directive 2008/105/EC of the European Parliament and of the Council (OJ No L 348, 24.12.2008, p. 84).
6. Water abstraction and impoundment of water subject to prior authorisation in pursuance of Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy.
7. Manufacture, use, storage, processing, filling, release into the environment and onsite transport of—
(a)dangerous substances as defined in Article 2(2) of Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous substances M6;
(b)dangerous preparations as defined in Article 2(2) of Directive 1999/45/EC of the European Parliament and of the Council concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations M7;
[F6(ba)hazardous substances as defined in Article 3 of Regulation (EC) No. 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures;]
(c)plant protection products [F7which has the same meaning as in Article 2(1) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC]; and
(d)biocidal products as defined in Article 2(1)(a) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market M8 [F8or as defined in Article 3(1)(a) of Regulation No. 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products].
Textual Amendments
F6Sch. 2 para. 7(ba) inserted (28.3.2019) by The Rural Affairs, Environment, Fisheries and Food (Miscellaneous Amendments and Revocations) (Wales) Regulations 2019 (S.I. 2019/463), regs. 1(3), 19
F7Words in Sch. 2 para. 7(c) substituted (24.9.2011) by The Plant Protection Products Regulations 2011 (S.I. 2011/2131), reg. 1(1), Sch. 4 (with reg. 29)
F8Words in Sch. 2 para. 7(d) inserted (18.12.2015) by The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (No.2) Regulations 2015 (S.I. 2015/1937), regs. 1(2), 5(d)
Marginal Citations
M6OJ No L 196, 16.8.67, p. 1 as last amended by Regulation (EC) No 2008/1272 of the European Parliament and of the Council (OJ No L 353, 31.12.2008, p. 1).
M7OJ No L 200, 30.7.99, p. 1 as last amended by Regulation (EC) No 2008/1272 of the European Parliament and of the Council (OJ No L 353, 31.12.2008, p. 1).
M8OJ No L 123, 24.4.98, p. 1 as last amended by Directive 2008/31/EC of the European Parliament and of the Council (OJ No L 81, 20.3.2008, p. 57).
8. Transport by road, rail, inland waterways, sea or air of dangerous goods; or polluting goods as defined in—
(a)Directive 2002/59/EC of the European Parliament and of the Council establishing a Community vessel traffic monitoring and information system; and
(b)Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods.]
Textual Amendments
F9Sch. 2 para. 8 substituted (18.12.2015) by The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (No.2) Regulations 2015 (S.I. 2015/1937), regs. 1(2), 5(e)
9.—(1) Any contained use, including transport, involving genetically modified organisms (including genetically modified micro-organisms as defined by Council Directive 90/219/EEC on the contained use of genetically modified micro-organisms M9).
(2) Any deliberate release into the environment, transport and placing on the market of genetically modified organisms as defined by Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms M10.
Marginal Citations
M9OJ No L 117, 8.5.90, p. 1 as last amended by Commission Decision 2005/174/EC (OJ No L 59, 5.3.2005, p. 20).
M10OJ 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).
10. Transboundary shipment of waste within, into or out of the [F10European Union, or after exit day into or out of the United Kingdom, requiring an authorisation or prohibited under Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste.].
Textual Amendments
F10Words in Sch. 2 para. 10 substituted (31.12.2020) by The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/244), regs. 1, 2(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
11. The operation of storage sites pursuant to Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide.]
Textual Amendments
F11Sch. 2 para. 11 inserted (18.12.2015) by The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (No.2) Regulations 2015 (S.I. 2015/1937), regs. 1(2), 5(f)
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