The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (No.2) Regulations 2015

• Citation: S.I. 2015/1937 (W.)
• Sections: 5

Section 1 Title and commencement

(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.

Section 2 Amendments to the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009

The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 are amended in accordance with regulations 3 to 5.

Section 3 Amendments to the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009

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 ;

Section 4 Amendments to the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009

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 .

Section 5 Amendments to the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009

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 .