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

Regulation 5

SCHEDULE 2 Activities causing damage

Operations to which this Schedule applies

1.  This Schedule lists the activities for which there is liability under regulation 5(1).

[F1 1A.   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 [F2 assimilated] law which transposed that Directive.]

Textual Amendments

F1 Sch. 2 para. 1A inserted (31.12.2020) by The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/244), regs. 1, 2(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in Sch. 2 para. 1A substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Wales) Regulations 2023 (S.I. 2023/1332), regs. 1(2), 9(3)

[F3 Operation of permitted installations

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

F3 Sch. 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)

Waste management operations

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 [F4 Directive 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 [F5 Directive 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

F4 Words 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

F5 Words 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

M1 OJ 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).

Mining waste

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

M2 OJ No L102, 11.4.2006, p. 15.

Discharges requiring authorisation

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 [F6 or 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

F6 Words 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

M3 OJ No L 64 ,4.3.2006, p. 52.

M4 OJ 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).

M5 OJ 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).

Water abstraction and impoundment

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.

Dangerous substances, plant protection products and biocidal products

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 ;

[F7 (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 [F8 which 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 [F9 or 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

F7 Sch. 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

F8 Words 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)

F9 Words 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

M6 OJ 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).

M7 OJ 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).

M8 OJ 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).

[F10 Transport

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

F10 Sch. 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)

Genetically modified organisms

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

M9 OJ 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).

M10 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).

Transboundary shipment of waste

10.  Transboundary shipment of waste within, into or out of the [F11 European 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

F11 Words 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)

[F12 Operation of carbon dioxide storage sites

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

F12 Sch. 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)