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The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009
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8.—(1) When evaluating the different identified remedial options, primary remedial measures that do not fully restore the damaged water or protected species or natural habitat to its state at the time of the incident or that restore it more slowly may be decided on (for example, when the equivalent natural resources or services could be provided elsewhere at a lower cost).
(2) This decision can be taken only if the natural resources or services foregone as a result of the decision are compensated for by increasing complementary or compensatory actions to provide a similar level of natural resources or services.
(3) The enforcing authority may at any time decide that no further remedial measures need be taken if—
(a)the remedial measures already taken have removed any significant risk of adversely affecting human health, water or protected species and natural habitats; and
(b)the cost of the remedial measures needed for restoration to its state before the incident would be disproportionate to the environmental benefits to be obtained.
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