Welsh Statutory Instrument
2009
Wales
Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009
At a glance
Enforced by
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 45 other Schedules — structural / supplementary
Conservation status of natural habitats
Conservation status of species
Sites of special scientific interest
Express authorisation
Operations to which this Schedule applies
Transboundary shipment of waste
Operation of carbon dioxide storage sites
A reference in this Schedule to an activity being authorised,...
Operation of permitted installations
Waste management operations
Mining waste
Discharges requiring authorisation
Water abstraction and impoundment
Dangerous substances, plant protection products and biocidal products
Transport
Genetically modified organisms
The following are permits for the purposes of regulation 19(3)...
Application of Part 1
Risk to human health
Objective
Primary and complementary remediation
Compensatory remediation
Choice of remediation
Identification of complementary and compensatory remediation
Options
Remediation of damage to land
This Part applies when the Welsh Ministers are not the...
The person deciding the appeal may make such order as...
If the Welsh Ministers are the enforcing authority, the procedures...
Notification of appeal must contain— (a) a copy of the...
When notification is received, the Welsh Ministers must send a...
The Welsh Ministers must notify the appellant of the time...
When these are received, the Welsh Ministers must send all...
At the same time the Welsh Ministers must notify any...
The Welsh Ministers must then decide whether further evidence is...
The Welsh Ministers must then refer the appeal to a...
Following the conclusion of the appeal by the appointed person,...
Compensation for grant of rights
Interpretation
Period for making an application
Manner of making an application
Loss and damage for which compensation payable
Basis on which compensation assessed
Determination of disputes
Browse 35 other sections — procedural / definitional / commencement
Title, commencement and application
Interpretation
References to EU instruments
Meaning of “environmental damage”
Environmental damage to which these Regulations apply
Areas of application
Other legislation
Exemptions
Exemption from damage to water
Enforcing authorities under the Environmental Permitting (England and Wales) Regulations 2016
Enforcing authorities in other cases
Enforcement
Preventing environmental damage
Preventing further environmental damage
Action by the enforcing authority
Following instructions from a public authority
Assessment of damage
Determining liability to remediate
Reporting by enforcing authorities
Appeals against liability to remediate
Remediation notices
Appeal against the remediation notice
Further provisions on remediation notices
Action by the enforcing authority
Costs when the enforcing authority acts instead of the operator
Costs concerned with administration
Proceedings for costs by an enforcing authority
Costs recoverable from owner to be a charge on premises
Recovery of costs from other persons
Requests for action by interested parties
Grant of and compensation for rights of entry
Powers of authorised persons
Provision of information to the enforcing authority
Enforcement
Penalties
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Natural Resources Wales
Principal environmental regulator for Wales. Combines functions of Environment Agency Wales, Countryside Council for Wales, and Forestry Commission Wales. Issues environmental permits, …
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Regulators
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