(1) The title of these Regulations is the Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (No.2) Regulations 2015.
(2) These Regulations come into force on 18 December 2015.
S.I. 2015/1937 (W.)
The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (No.2) Regulations 2015 (S.I. 2015/1937 (W.))
These Regulations amend the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 (“the 2009 Regulations”) which continue to implement Directive 2004/35/EC of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage.
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s 2Amendments to the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009Open ↗
The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 are amended in accordance with regulations 3 to 5.
s 3Amendments to the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009Open ↗
In regulation 2(1) (interpretation)—
(a) in the definition of “natural habitat” (“cynefin naturiol”) for paragraph (a) substitute—
(a) the habitats of species mentioned in Article 4(2) of, or Annex I to, Council Directive 2009/147/ EC on the conservation of wild birds or listed in Annex II to Council Directive 92/43/ EEC on the conservation of natural habitats and of wild fauna and flora ;
(b) for the definition of “protected species” substitute (“rhywogaethau a warchodir”)—
“protected species” (“ rhywogaethau a warchodir ”) means a species of a kind mentioned in Article 4(2) of Council Directive 2009/147/EC or listed in Annex I to that Directive or Annexes II and IV to Council Directive 92/43/EEC ;
s 4Amendments to the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009Open ↗
In Schedule 1 (Damage to protected species, natural habitats and sites of special scientific interest), for paragraph 5 substitute—
Express authorisation
(5) 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 Part 2 of the Wildlife and Countryside Act 1981 or the Conservation of Habitats and Species Regulations 2010 .
s 5Amendments to the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009Open ↗
In Schedule 2 (Activities causing damage)—
(a) for paragraph 2 (Operation of permitted installations) substitute—
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) .
(b) in paragraph 3(2) (Waste management operations) for the words “Directive 2000/76/EC of the European Parliament and of the Council on the incineration of waste.” substitute “Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control).”;
(c) in paragraph 5(2) (Discharges requiring authorisation) after the word “substances” in the second place it occurs, insert “or Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration ”;
(d) in paragraph 7(d) (Dangerous substances, plant protection products and biocidal products) after the word “market”, insert “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 ”.
(e) for paragraph 8 substitute—
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
(f) In Schedule 2 after paragraph 10 insert—
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 .
Cite this legislation
- Official citation
- S.I. 2015/1937 (W.)
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- legislation.gov.uk
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The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (No.2) Regulations 2015 (legislation.gov.uk, OGL-3). Retrieved via LawPlayer, https://lawplayer.com/uk/act/wsi-2015-1937
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