The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009
Welsh Statutory Instrument 2009 No. 995 — creates 4 criminal offences.
- Made
- 11 April 2009
- In force from
- 6 May 2009
- Extent
- Not stated
- Subject
- Health and safety, environment, waste and fisheries
- Made under
- European Communities Act 1972, Schedule 2 to, the European Communities Act 1972
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations 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. They apply to damage to protected species, natural habitats, sites of special scientific interest, water and land (regulation 4). They are enforced by the bodies specified in regulations 10 and 11. They provide that, for certain economic activities, where there is an imminent risk of environmental damage, the operator must take steps to prevent it, and if it has occurred must prevent further damage. Where damage has occurred the enforcing authority must assess the damage and identify remedial measures. It must then serve a remediation notice on the responsible operator specifying what remediation is required (Part 3). They make provision for enforcement (Part 4). Breach of specified provisions of the Regulations is an offence punishable— a on summary conviction, with a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both; or b on conviction on indictment, with a fine or to imprisonment for a term not exceeding two years or both. A regulatory impact assessment has been prepared and copies are available from the Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.
Offences created by this instrument
- Preventing environmental damage regulation 13(3) · Status not determined · Strict liability
- Remediation notices regulation 20(4) · Status not determined · Strict liability
- Powers of authorised persons regulation 31(8) · Status not determined · Requires proof of a state of mind
- Provision of information to the enforcing authority regulation 32 · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2009