2018 No. 1216 (W. 249)
The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers make these Regulations in exercise of the powers conferred by—
section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (“the 1972 Act”)1, except so far as relating to regulations 2, 5, 15, 16, 36 and 37;
section 58B of the Government of Wales Act 20062, so far as relating to regulations 2 and 5;
sections 103(1) to (3), (7), 104(4) and (6) of the Water Act 20033, so far as relating to regulation 15;
sections 33A and 219(2)(f) of the Water Resources Act 19914, so far as relating to regulation 16;
sections 1 and 8 of the Animal Health Act 19815, so far as relating to regulations 36 and 37.
The Welsh Ministers are designated6 for the purposes of section 2(2) of the 1972 Act in relation to—
the quality of water intended for domestic purposes or for use in a food production undertaking7;
measures relating to the prevention, reduction and elimination of pollution caused by waste and the management of packaging and packaging waste8;
the prevention, reduction and management of waste9;
the prevention and remedying of land contamination10;
flood risk management11;
measures relating to water resources12;
the protection of waters against pollution caused by nitrates from agricultural sources13;
the common agricultural policy14;
the veterinary and phytosanitary fields for the protection of public health15;
measures relating to the control and regulation of the deliberate release, placing on the market and transboundary movements of genetically modified organisms16;
the common agricultural policy of the European Union17;
the veterinary and phytosanitary fields for the protection of public health18.
These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Welsh Ministers that it is expedient for references to EU instruments in regulations 11, 17(2), 17(3), 18(2)(a), 18(2)(b), 18(3), 23, 37(2)(a) and 37(4) to be construed as references to those instruments as amended from time to time.
PART 1Introduction
Title, application and commencementI11
1
The title of these Regulations is the Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018.
2
These Regulations apply in relation to Wales.
3
These Regulations come into force on 17 December 2018.
PART 2Amendments to legislation concerning the environment
The Urban Waste Water Treatment (England and Wales) Regulations 1994I22
1
The Urban Waste Water Treatment (England and Wales) Regulations 199419 are amended as follows.
2
In regulation 2(1)—
a
in the definition of “the Directive”, after “treatment,” insert “as last amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council20,”;
b
in the words after the definition of “Wales”, after “used” insert “in these Regulations and”.
3
In Schedule 1, in Part 1, in paragraph (b), for the words from “the concentration” to “Member States” substitute “50 mg/l of nitrates in 95% of the samples”.
The Drinking Water (Undertakings) (England and Wales) Regulations 2000I33
The Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002I44
1
The Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 200223 are amended as follows.
F12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
For regulation 13(4)(c) substitute—
c
any person, or member of a genetic modification safety committee, from whom advice must be obtained under regulation 8 of the Genetically Modified Organisms (Contained Use) Regulations 201425,
The Environmental Information Regulations 2004I55
In regulation 18(6) of the Environmental Information Regulations 200426, for the words from “applies to a decision notice” to the end substitute “does not apply”.
The Hazardous Waste (Wales) Regulations 2005I66
1
The Hazardous Waste (Wales) Regulations 200527 are amended as follows.
2
In regulation 12(3), for “Council Regulation 259/93/EEC28” substitute “Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste29”.
3
In Schedule 7, in paragraph 1(b), for the words from “the Annex” to “1994” substitute “Annex 1A to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste”.
The Contaminated Land (Wales) Regulations 2006I77
In regulation 3(b)(ii) of the Contaminated Land (Wales) Regulations 200630, after “water policy” insert “as last amended by Commission Directive 2014/101/EU31”.
The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009I88
1
The Environmental Damage (Prevention and Remediation) (Wales) Regulations 200932 are amended as follows.
2
In regulation 20, before paragraph (1), insert—
A1
Where a responsible operator has received a notice from the enforcing authority under regulation 18, it must without delay identify potential remedial measures in accordance with Schedule 4 and submit them in writing to the enforcing authority for its approval.
3
In Schedule 1, for paragraph 5 substitute—
5
1
Damage to a protected species or natural habitat and damage to a site of special scientific interest does not include damage caused by an act expressly authorised by the relevant authorities in accordance with—
a
the Conservation (Natural Habitats, &c.) Regulations 199433;
b
the Offshore Petroleum Activities (Conservation of Habitats) Regulations 200134;
c
the Conservation of Habitats and Species Regulations 201035;
d
the Conservation of Habitats and Species Regulations 201736;
e
the Conservation of Offshore Marine Habitats and Species Regulations 201737.
2
Damage to sites of special scientific interest does not include, in the case of a site that is not a European site damage caused by an act expressly authorised by the relevant authorities in accordance with Part 2 of the Wildlife and Countryside Act 198138.
3
In sub-paragraph (2), “European site” has the same meaning as in regulation 8 of the Conservation of Habitats and Species Regulations 2017.
The Wildlife and Countryside (Registration, Ringing and Marking of Certain Captive Birds) (Wales) Regulations 2011I99
1
The Wildlife and Countryside (Registration, Ringing and Marking of Certain Captive Birds) (Wales) Regulations 201139 is amended as follows.
2
In regulation 5(3), in the definition of “CITES certificate” (“tystysgrif CITES”), after “trade therein” insert “, as last amended by Commission Regulation (EU) 2017/16040,”.
3
In regulation 6(2), at the end insert “, as last amended by Commission Regulation (EU) 2015/87041”.
The Incidental Flooding and Coastal Erosion (Wales) Order 2011I1010
In article 3(4) of the Incidental Flooding and Coastal Erosion (Wales) Order 201142—
a
in sub-paragraph (b), at the end insert “, as last amended by Council Directive 2013/17(EU)43”;
b
in sub-paragraph (c), after “water policy” insert “, as last amended by Commission Directive 2014/101/EU”;
c
after sub-paragraph (c) omit “and”;
d
in sub-paragraph (d), at the end insert “, as last amended by Council Directive 2013/17/EU”.
The Controlled Waste (England and Wales) Regulations 2012I1111
In Schedule 1 to the Controlled Waste (England and Wales) Regulations 201244, in paragraph 1, in the definition of “clinical waste”, in paragraph (c), for the words from “Council Directive” to the end substitute “Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures45, as amended from time to time,”.
The Bathing Water Regulations 2013I1212
In regulation 2(2) of the Bathing Water Regulations 201346, after “water policy” insert “, as last amended by Commission Directive 2014/101/EU”.
The Nitrate Pollution Prevention (Wales) Regulations 2013I1313
1
The Nitrate Pollution Prevention (Wales) Regulations 201347 are amended as follows.
2
In regulation 6, in the definition of “derogation” (“rhanddirymiad”), omit “and Commission Decision 2013/781/EU”.
3
In regulation 11(2)(b), at the end insert “, as last amended by Commission Directive (EU) 2015/178748”.
4
In regulation 22(2)(a)(ii), at the end insert “, or Regulation (EU) 1305/201349”.
The Environmental Permitting (England and Wales) Regulations 2016I1414
In Schedule 10 to the Environmental Permitting (England and Wales) Regulations 201650, in paragraph 5—
a
in sub-paragraph (4), for the words from “Regulation” to the end substitute “Regulation (EU) 2017/852 of the European Parliament and of the Council on mercury51”;
b
omit sub-paragraph (5).
The Water Abstraction (Transitional Provisions) Regulations 2017I1515
In regulation 9 of the Water Abstraction (Transitional Provisions) Regulations 201752, for paragraph (3) substitute—
3
In paragraph (1), an abstraction of more limited extent does not include—
a
a Qn95 hands-off flow constraint on a licence where the licensed abstraction is from a body of inland waters or a body of groundwater where the recent actual flow or quantitative status of the source of supply does not support good ecological potential, good ecological status or good quantitative status, or
b
75% of Qn99 hands-off flow constraint on a licence where the licenced abstraction is from a body of inland waters or a body of groundwater where the recent actual flow or quantitative status of the source of supply supports good ecological potential, good ecological status or good quantitative status.
The Water Abstraction and Impounding (Exemptions) Regulations 2017I1616
1
The Water Abstraction and Impounding (Exemptions) Regulations 201753 are amended as follows.
2
In regulation 2(1)—
a
for the definition of “the 2010 Regulations” substitute—
“the 2017 Regulations” means the Conservation of Habitats and Species Regulations 201754;
b
in the definition of “conservation site”—
i
in paragraph (a), for “regulation 10(5) of the 2010 Regulations” substitute “regulation 12(5) of the 2017 Regulations”;
ii
in paragraph (b), for “regulation 11 of the 2010 Regulations” substitute “regulation 13 of the 2017 Regulations”;
iii
in paragraph (c), for “regulations 12A and 12B, respectively, of the 2010 Regulations” substitute “regulations 15 and 16, respectively, of the 2017 Regulations”;
c
in the definition of “protected species”, in paragraph (a), for “regulation 40(1) of, and Schedule 2 to, the 2010 Regulations” substitute “regulation 42(1) of, and Schedule 2 to, the 2017 Regulations”.
3
In regulation 14(1)(b), for “regulation 99(2) of the 2010 Regulations” substitute “regulation 102(2) of the 2017 Regulations”.
PART 3Amendments to secondary legislation concerning planning
The Environmental Assessment of Plans and Programmes (Wales) Regulations 2004I1717
1
The Environmental Assessment of Plans and Programmes (Wales) Regulations 200455 are amended as follows.
2
In regulation 2(1), in the definition of “the Habitats Directive” (“y Gyfarwyddeb Cynefinoedd”), for “as last amended by Council Directive 97/62/EC” substitute “, as amended from time to time”.
3
In regulation 5(2)(b), for “Council Directive 85/337/EC on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC” substitute “Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment56, as amended from time to time”.
The Planning (Hazardous Substances) (Wales) Regulations 2015I1818
1
The Planning (Hazardous Substances) (Wales) Regulations 201557 are amended as follows.
2
In Schedule 1—
a
in Part 1, column 1, section ‘P’, after “Regulation (EC) No 440/2008” insert “as amended from time to time”;
b
in Part 4—
i
in paragraph 11(1), after “aerosol dispensers”, in the first place it occurs, insert “as amended from time to time”;
ii
in paragraph 13(a), after “fertilisers” insert “as amended from time to time”;
iii
in paragraphs 14 and 16(b), after “Regulation (EC) No 2003/2003”, in each place it occurs, insert “as amended from time to time”.
3
In Schedule 2, in paragraph 6(a), for “Article 3(1)(b) of Regulation (EC) No 1102/2008 of the European Parliament and of the Council on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury” substitute “Article 13(1) of Regulation (EU) 2017/852 of the European Parliament and of the Council on mercury, and repealing Regulation (EC) No 1102/200858, as amended from time to time”.
The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016I1919
1
The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 201659 are amended as follows.
2
In Schedule 1, in paragraphs 9 and 10, for “Annex IIA to Council Directive 75/442/EEC” substitute “Annex I to Directive 2008/98/EC of the European Parliament and of the Council60, as last amended by Council Regulation (EU) 2017/99761.”
3
In Schedule 2, in paragraph 2, in row 3(g) of column 2 of the table, in paragraph (ii), for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “the Environmental Permitting (England and Wales) Regulations 201662”.
The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017I2020
1
The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 201763 are amended as follows.
2
In Schedule 1, in paragraphs 9 and 10, for “Annex IIA to Council Directive 75/442/EEC” substitute “Annex I to Directive 2008/98/EC of the European Parliament and of the Council, as last amended by Council Regulation (EU) 2017/997,”.
3
In Schedule 2, in paragraph 2, in row 3(g) of column 2 of the table, in paragraph (ii), for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “the Environmental Permitting (England and Wales) Regulations 2016”.
PART 4Amendments to legislation concerning agriculture
The Marketing of Vegetable Plant Material Regulations 1995I2121
1
The Marketing of Vegetable Plant Material Regulations 199564 are amended as follows.
2
3
In regulation 8(4), for “the Vegetable Seeds Regulations 1993” substitute “the Seed Marketing (Wales) Regulations 2012”.
The Marketing of Ornamental Plant Propagating Material Regulations 1999I2222
1
The Marketing of Ornamental Plant Propagating Material Regulations 199967 are amended as follows.
2
In regulation 2(1)—
a
omit the definition of “Directive 77/93/EEC”;
b
in the definition of “Directive 98/56/EC”, at the end insert “, as last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council68”;
c
after the definition of “Directive 98/56/EC” insert—
“Directive 2000/29/EC” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community69;
3
In regulation 9(2), for “Council Directive 77/93/EEC” substitute “Directive 2000/29/EC”.
The Marketing of Fresh Horticultural Produce (Wales) Regulations 2009I2323
In regulation 2(2) of the Marketing of Fresh Horticultural Produce (Wales) Regulations 200970, for the definition of “Regulation (EU) 2013” (“Rheoliad (EU) 2013”) substitute—
“Regulation (EU) 2013” (“Rheoliad (EU) 2013”) means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products71, as amended from time to time;
The Seed Potatoes (Wales) Regulations 2016I2424
In regulation 3 of the Seed Potatoes (Wales) Regulations 201672—
a
in the definition of “the Decision” (“y Penderfyniad”), at the end insert “, as last amended by Commission Implementing Decision (EU) 2016/32073”;
b
in the definition of “the Directive” (“y Gyfarwyddeb”), at the end insert “, as last amended by Commission Implementing Directive (EU) 2016/31774”.
PART 5Amendments to legislation concerning animals
The Importation of Embryos, Ova and Semen Order 1980I2525
1
The Importation of Embryos, Ova and Semen Order 198075 is amended as follows.
2
In article 2—
a
in paragraph (a), for “the Animal Health Act 198176” substitute “the Act”;
b
in paragraph (b), for “section 84(3)(a) and (b)” substitute “section 88(1) and (3)”.
3
In article 3, in the definition of “the Act”, for “the Diseases of Animals Act 195077” substitute “the Animal Health Act 1981”.
4
Omit article 9.
The Importation of Animal Products and Poultry Products Order 1980I2626
1
The Importation of Animal Products and Poultry Products Order 198078 is amended as follows.
2
In article 2—
a
in the words before paragraph (a), for “the Animal Health Act 1981 (“the 1981 Act”)” substitute “the Act”;
b
in paragraphs (a) and (b), for “the 1981 Act” substitute “the Act”.
3
In article 3, in the definition of “the Act”, for “the Diseases of Animals Act 1950” substitute “the Animal Health Act 1981”.
4
Omit article 10.
The Diseases of Poultry (Wales) Order 2003I2727
1
The Diseases of Poultry (Wales) Order 200379 is amended as follows.
2
In article 3(1)—
a
in the appropriate place, insert—
“Council Directive 2005/94/EC” (“Cyfarwyddeb y Cyngor 2005/94/EC”) means Council Directive 2005/94/EC on Community measures for the control of avian influenza80;
3
In article 6(4), for “Annex III of Council Directive 92/40/EEC83” substitute “Article 50 of Council Directive 2005/94/EC”.
4
In Schedule 1—
a
in Part 1, in paragraph 6, for “article 4.2(e) of, and Annex I to, Council Directive 92/40/EEC” substitute “Article 7(2)(f) of, and Annex 3 to, Council Directive 2005/94/EC”;
b
in Part 2, in paragraph 11, for “Annex II of Council Directive 92/40/EEC” substitute “Annex 6 to Council Directive 2005/94/EC”.
The Foot-and-Mouth Disease (Wales) Order 2006I2828
1
The Foot-and-Mouth Disease (Wales) Order 200684 is amended as follows.
2
In article 8(a), for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “the Diseases of Animals (Approved Disinfectants) (Wales) Order 2007”.
3
In article 43(1)(b)(ii), for the words from “regulation 9” to the end substitute “the Trade in Animals and Related Products (Wales) Regulations 201185”.
The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006I2929
1
The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 200686 is amended as follows.
2
In article 2, in the definition of “border inspection post”, for the words from “Schedule 2” to the end substitute “regulation 11 of the Trade in Animals and Related Products (Wales) Regulations 2011”.
3
In article 3—
a
b
in paragraph (5), for the words from “Regulation 19” to the end substitute “Article 6 of Commission Implementing Regulation (EU) No 139/2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof89”.
4
In article 4(7), for “Department for Agriculture and Rural Development of Northern Ireland” substitute “Department of Agriculture, Environment and Rural Affairs, Northern Ireland”.
5
In article 66(5)(a), for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “the Diseases of Animals (Approved Disinfectants) (Wales) Order 2007”.
6
In article 71(3)—
a
b
c
in sub-paragraph (d), for “the Specified Animal Pathogens Order 1998” substitute “the Specified Animals Pathogens (Wales) Order 2008”.
The Avian Influenza (Vaccination) (Wales) (No.2) Regulations 2006I3030
In regulation 5(2)(b) of the Avian Influenza (Vaccination) (Wales) (No.2) Regulations 200694, for “regulation 8(3) the Veterinary Medicines Regulations 2005” substitute “regulation 3(2)(b) of the Veterinary Medicines Regulations 2013”.
The Avian Influenza (H5N1 in Poultry) (Wales) Order 2006I3131
1
The Avian Influenza (H5N1 in Poultry) (Wales) Order 200695 is amended as follows.
In article 12—
a
in paragraph (1)—
i
after sub-paragraph (a) omit “or”;
ii
omit sub-paragraph (b);
b
omit paragraph (2).
2
In article 17(1)(a), for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “the Diseases of Animals (Approved Disinfectants) (Wales) Order 2007”.
The Avian Influenza (H5N1 in Wild Birds) (Wales) Order 2006I3232
In article 18(1)(a) of the Avian Influenza (H5N1 in Wild Birds) (Wales) Order 200696, for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “the Diseases of Animals (Approved Disinfectants) (Wales) Order 2007”.
The Welfare of Farmed Animals (Wales) Regulations 2007I3333
In regulation 2(2) of the Welfare of Farmed Animals (Wales) Regulations 200797—
a
in sub-paragraph (a), for the words from “Directive 91/630/EEC98” to the end substitute “Directive 2008/120/EC laying down minimum standards for the protection of pigs99”;
b
after sub-paragraph (b) omit “and”;
c
in sub-paragraph (c), for the words from “Directive 91/629/EEC100” to the end substitute “Directive 2008/119/EC laying down minimum standards for the protection of calves101”.
The Bluetongue (Wales) Regulations 2008I3434
The Control of Salmonella in Broiler Flocks (Wales) Order 2009I3535
1
The Control of Salmonella in Broiler Flocks (Wales) Order 2009104 is amended as follows.
2
In article 2, in the appropriate place, insert—
“Commission Regulation (EU) No 200/2012 (“Rheoliad y Comisiwn (EU) Rhif 200/2012”) means Commission Regulation (EU) 200/2012 of 8 March 2012 concerning a Union target for the reduction of Salmonella enteritidis and Salmonella typhimurium in flocks of broilers, as provided for in Regulation (EC) No 2160/2003 of the European Parliament and of the Council105;
3
In article 3, for paragraph (a) substitute—
4
In article 5(1)—
a
for “Regulation (EC) No 646/2007” substitute “Commission Regulation (EU) No 200/2012”;
b
for “point 3.1” substitute “point 2.2.4”;
c
for “express post” substitute “express mail”.
5
In article 8, for “Regulation (EC) No 646/2007” substitute “Commission Regulation (EU) No 200/2012”.
The Control of Salmonella in Turkey Flocks (Wales) Order 2010I3636
1
The Control of Salmonella in Turkey Flocks (Wales) Order 2010106 is amended as follows.
2
In article 2(2)—
a
for sub-paragraph (a) substitute—
a
Regulation (EU) No 1190/2012 is a reference to Commission Regulation (EU) No 1190/2012 concerning a Union target for the reduction of Salmonella enteritidis and Salmonella typhimurium in flocks of turkeys, as provided for in Regulation (EC) No 2160/2003 of the European Parliament and of the Council107, as amended from time to time,
b
omit sub-paragraph (b).
3
In article 4(1)—
a
for “Regulation (EC) No 584/2008” substitute “Regulation (EU) No 1190/2012”;
b
for “point 3.1” substitute “point 2.2.4”.
4
In article 7, for “Regulation (EC) No 584/2008 substitute “Regulation (EU) No 1190/2012, as amended from time to time”.
The Trade in Animals and Related Products (Wales) Regulations 2011I3737
In Schedule 2 to the Trade in Animals and Related Products (Wales) Regulations 2011108, in Part 2, in paragraph 9(1), for the words from “Commission Regulation” to the end substitute “Commission Implementing Regulation (EU) No 139/2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof109”.
RevocationsI3838
The following Regulations are revoked—
a
the Salmonella in Laying Flocks (Survey Powers) (Wales) Regulations 2005110;
b
the Salmonella in Broiler Flocks (Survey Powers) (Wales) Regulations 2006111.
PART 6Amendment to legislation concerning fisheries
The Sea Fish Licensing Order 1992I3939
(This note is not part of the Regulations)