Amendments to the Environmental Damage (Prevention and Remediation) (Wales) Regulations 20092

1

The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 are amended as follows.

2

In regulation 2(1) (interpretation), in the appropriate place in alphabetical order insert—

  • “baseline” (“gwaelodlin”) means the baselines from which the breadth of the territorial sea is measured for the purposes of the Territorial Sea Act 19876;

  • “marine waters” (“dyfroedd morol”) means waters classified as marine waters pursuant to Directive 2008/56/EC of the European Parliament and of the Council establishing a framework for Community action in the field of marine environmental policy7;

3

In regulation 4 (meaning of “environmental damage”)—

a

in paragraph (1)—

i

in sub-paragraph (b) omit the second “or”;

ii

omit sub-paragraph (c) and insert—

c

marine waters, or

d

land,

b

omit paragraph (5) and insert—

5

Environmental damage to marine waters means damage to marine waters such that their environmental status is significantly adversely affected.

6

Environmental damage to land means contamination of land by substances, preparations, organisms or micro-organisms that results in a significant risk of adverse effects on human health.

4

In regulation 6 (areas of application)—

a

in paragraph (1)—

i

after the entry in the table “Damage to water” create a new row and in the first column (Type of damage) insert “Damage to marine waters”; and

ii

in the corresponding entry in the second column (Area in which these Regulations apply) insert—

  • All marine waters within any of the following descriptions—

    1. a

      marine waters up to one nautical mile seaward from the baseline in Wales so far as not already addressed as damage to water;

    2. b

      marine waters from one nautical mile seaward from the baseline in Wales, extending out to 12 nautical miles from the baseline in Wales

b

omit paragraph (2).

5

After regulation 8(1) (exemptions) insert—

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”.

6

In regulation 10 (enforcing authorities under the Environmental Permitting (England and Wales) Regulations 2010)8 omit paragraph (3)(b)(iii) and insert—

iii

the Welsh Ministers, if the damage is to marine waters; and

iv

the Natural Resources Body for Wales, if the damage is to natural habitats or protected species or a site of special scientific interest.

7

In regulation 11(1) (enforcing authorities in other cases) after the entry in the table “Damage to water—” create a new row and insert—

a

in the first column of the table (Type of environmental damage) “Damage to marine waters—”;

b

in the corresponding entry in the second column (Area of damage) insert “All marine waters out to 12 nautical miles from the baseline in Wales”; and

c

in the corresponding entry in the third column (Enforcing authority) insert “the Welsh Ministers”.