Welsh Statutory Instrument SI 2009 Wales

Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009

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Enforced by
NRW
Status
Amended (in force with amendments)
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Operator3

Plus 4 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Operator — also bound by 746 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Introductory provisions

0 of 12 sections shown
12 other sections in this Part — procedural and definitional
s.001 Title, commencement and application
s.002 Interpretation
s.003 References to EU instruments
s.004 Meaning of “environmental damage”
s.005 Environmental damage to which these Regulations apply
s.006 Areas of application
s.007 Other legislation
s.008 Exemptions
s.009 Exemption from damage to water
s.010 Enforcing authorities under the Environmental Permitting (England and Wales) Regulations 2016
s.011 Enforcing authorities in other cases
s.012 Enforcement
Part 2

Preventing environmental damage

0 of 4 sections shown
4 other sections in this Part — procedural and definitional
s.013 Preventing environmental damage
s.014 Preventing further environmental damage
s.015 Action by the enforcing authority
s.016 Following instructions from a public authority
Part 3

Remediation

1 of 8 sections shown
s.020 Remediation notices Regulated
  • Propose remediation measures for environmental damage immediately after regulator noticeOperator
7 other sections in this Part — procedural and definitional
s.017 Assessment of damage
s.018 Determining liability to remediate
s.018 Reporting by enforcing authorities
s.019 Appeals against liability to remediate
s.021 Appeal against the remediation notice
s.022 Further provisions on remediation notices
s.023 Action by the enforcing authority
Part 4

Administration and enforcement

0 of 11 sections shown
11 other sections in this Part — procedural and definitional
s.024 Costs when the enforcing authority acts instead of the operator
s.025 Costs concerned with administration
s.026 Proceedings for costs by an enforcing authority
s.027 Costs recoverable from owner to be a charge on premises
s.028 Recovery of costs from other persons
s.029 Requests for action by interested parties
s.030 Grant of and compensation for rights of entry
s.031 Powers of authorised persons
s.032 Provision of information to the enforcing authority
s.033 Enforcement
s.034 Penalties
Schedules

Schedules

6 of 45 shown
s.sch004 Identification of complementary and compensatory remediation Regulated
  • Select remediation measures that match or offset environmental damageOperator
s.sch004 Remediation of damage to land Regulated
  • Remediate damaged land to remove risk to human healthOperator
s.sch005 If the Welsh Ministers are the enforcing authority, the procedures... Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers must appoint a person to decide environmental damage appeals promptlyCrown / Minister / Government department
s.sch005 The Welsh Ministers must notify the appellant of the time... Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers must notify appellant of appeal submission deadlineCrown / Minister / Government department
s.sch005 When these are received, the Welsh Ministers must send all... Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers must send appeal documents to NRW with a deadline for responseCrown / Minister / Government department
s.sch005 At the same time the Welsh Ministers must notify any... Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers must notify appeal parties of time limit and invite representationsCrown / Minister / Government department
39 other schedules
s.sch001 Damage to protected species and natural habitats
s.sch001 Conservation status of natural habitats
s.sch001 Conservation status of species
s.sch001 Sites of special scientific interest
s.sch001 Express authorisation
s.sch002 Operations to which this Schedule applies
s.sch002 Transboundary shipment of waste
s.sch002 Operation of carbon dioxide storage sites
s.sch002 A reference in this Schedule to an activity being authorised,...
s.sch002 Operation of permitted installations
s.sch002 Waste management operations
s.sch002 Mining waste
s.sch002 Discharges requiring authorisation
s.sch002 Water abstraction and impoundment
s.sch002 Dangerous substances, plant protection products and biocidal products
s.sch002 Transport
s.sch002 Genetically modified organisms
s.sch003 The following are permits for the purposes of regulation 19(3)...
s.sch004 Application of Part 1
s.sch004 Risk to human health
s.sch004 Objective
s.sch004 Primary and complementary remediation
s.sch004 Compensatory remediation
s.sch004 Choice of remediation
s.sch004 Options
s.sch005 This Part applies when the Welsh Ministers are not the...
s.sch005 The person deciding the appeal may make such order as...
s.sch005 Notification of appeal must contain— (a) a copy of the...
s.sch005 When notification is received, the Welsh Ministers must send a...
s.sch005 The Welsh Ministers must then decide whether further evidence is...
s.sch005 The Welsh Ministers must then refer the appeal to a...
s.sch005 Following the conclusion of the appeal by the appointed person,...
s.sch006 Compensation for grant of rights
s.sch006 Interpretation
s.sch006 Period for making an application
s.sch006 Manner of making an application
s.sch006 Loss and damage for which compensation payable
s.sch006 Basis on which compensation assessed
s.sch006 Determination of disputes

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.