2012 No. 283 (W.47)
The Contaminated Land (Wales) (Amendment) Regulations 2012
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers make these Regulations in exercise of the powers conferred by sections 78C(8), (9) and (10), 78G(5) and (6) and 78L(4) and (5) of the Environmental Protection Act 19901 and now vested in them2.
Before making these Regulations, the Welsh Ministers have consulted the Administrative Justice and Tribunals Council, and that Council has consulted the Welsh Committee and the Scottish Committee, in accordance with section 44 of, and paragraph 24 of Schedule 7 to, the Tribunals, Courts and Enforcement Act 20073.
Title, commencement and application1
1
The title of these Regulations is the Contaminated Land (Wales) (Amendment) Regulations 2012 and they come into force on 6 April 2012.
2
These Regulations apply in relation to Wales.
Amendments to the Contaminated Land (Wales) Regulations 20062
1
The Contaminated Land (Wales) Regulations 20064 are amended as follows.
2
In regulation 3 (pollution of controlled waters)—
a
for paragraph (b) substitute—
b
controlled waters are being affected by the land and, as a result—
i
those waters do not meet or are not likely to meet the criterion for classification applying to the relevant description of waters specified in regulations made under section 82 of the Water Resources Act 19915 (classification of quality of waters); or
ii
for controlled waters that are designated as protected areas under Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy6, those waters do not meet the environmental objectives that apply to them under that Directive (excluding protected areas listed in paragraphs (i), (iv) and (v) of Annex IV to that Directive); or
b
in paragraph (c)(ii) for “within underground strata” substitute “in underground strata within the saturation zone”.
3
In regulation 11 (modification of a remediation notice), after paragraph (2) insert—
3
This regulation applies only in relation to appeals made in accordance with regulation 8(1) prior to 6 April 2012.
4
In Schedule 2 (compensation for rights of entry etc)—
a
in paragraph 5(3) for “Lands Tribunal” substitute “Upper Tribunal”;
b
in paragraphs 6(2)(c) and 6(3) for “Lands Tribunal” substitute “Upper Tribunal”; and
c
for paragraph 6(4) substitute—
4
In relation to the determination of any such question, section 4 of the 1961 Act (costs)7 applies as if—
a
the reference to section 1 of that Act were a reference to sub-paragraph (3) of this paragraph;
b
references to the acquiring authority were references to the appropriate person; and
c
references to the claimant were references to the grantor.
(This note is not part of the Regulations)