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

Enforcing authorities in other cases

11.—(1) If the damage is caused by an activity that does not require a permit or registration under the Environmental Permitting (England and Wales) Regulations 2007 these Regulations are enforced in accordance with the following table.

Type of environmental damage	Area of damage	Enforcing authority
Damage to water—		Environment Agency
Damage to protected species or natural habitats or a site of special scientific interest—	land	Countryside Council for Wales
	water but not in the sea(1)	Environment Agency
	the sea	— if the damage is due to an activity authorised by the Environment Agency, the Environment Agency;
		— otherwise the Welsh Ministers
Damage to land—		Local authority

(1) “Sea” includes—

(a) any area submerged at mean high water spring tide; and

(b) each of the following, so far as the tide flows at mean high water spring tide—

(i) every estuary or arm of the sea; and

(ii) the waters of any channel, creek, bay or river.

(2) The Welsh Ministers may give directions to an enforcing authority of a general or specific character with respect to the carrying out of its functions under these Regulations.

(3) An enforcing authority must comply with a direction given to it under these Regulations.