Welsh Statutory Instrument
2009
Wales
Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009
At a glance
Enforced by
What's here
7 compliance obligations
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Operator 3
Plus 4 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Operators also bound by 730 other Acts (top 5 shown)
- Regulation (EU) No 965/2012 (Air Operations) 2012 138 duties
- Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (Text with EEA relevance) 2018 121 duties
- Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance) (repealed) 2012 112 duties
- Space Industry Regulations 2021 2021 75 duties
- Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (Text with EEA relevance) 2016 66 duties
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.
Part 1 — Introductory provisions
Browse 12 other sections in this Part — procedural / definitional / commencement
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
Part 2 — Preventing environmental damage
Browse 4 other sections in this Part — procedural / definitional / commencement
Preventing environmental damage
Preventing further environmental damage
Action by the enforcing authority
Following instructions from a public authority
Part 3 — Remediation
Remediation notices
- Propose remediation measures for environmental damage immediately after regulator notice Operator
Browse 7 other sections in this Part — procedural / definitional / commencement
Assessment of damage
Determining liability to remediate
Reporting by enforcing authorities
Appeals against liability to remediate
Appeal against the remediation notice
Further provisions on remediation notices
Action by the enforcing authority
Part 4 — Administration and enforcement
Browse 11 other sections in this Part — procedural / definitional / commencement
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
Schedules
Identification of complementary and compensatory remediation
- Select remediation measures that match or offset environmental damage Operator
Remediation of damage to land
- Remediate damaged land to remove risk to human health Operator
If the Welsh Ministers are the enforcing authority, the procedures...
Other duties (1) — Crown / regulator
- Welsh Ministers must appoint a person to decide environmental damage appeals promptly Crown / Minister / Government department
The Welsh Ministers must notify the appellant of the time...
Other duties (1) — Crown / regulator
- Welsh Ministers must notify appellant of appeal submission deadline Crown / Minister / Government department
When these are received, the Welsh Ministers must send all...
Other duties (1) — Crown / regulator
- Welsh Ministers must send appeal documents to NRW with a deadline for response Crown / Minister / Government department
At the same time the Welsh Ministers must notify any...
Other duties (1) — Crown / regulator
- Welsh Ministers must notify appeal parties of time limit and invite representations Crown / Minister / Government department
Browse 39 other Schedules — structural / supplementary
Damage to protected species and natural habitats
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
Options
This Part applies when the Welsh Ministers are not the...
The person deciding the appeal may make such order as...
Notification of appeal must contain— (a) a copy of the...
When notification is received, the Welsh Ministers must send a...
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
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Natural Resources Wales / Activities that may be exempt from requiring a marine licence (opens in a new tab) from NRW Detailed Guidance
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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Browse legislation
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Regulators
Learn more about the bodies that enforce this legislation.