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

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Preventing environmental damage

13.—(1) An operator of an activity that causes an imminent threat of environmental damage, or an imminent threat of damage in relation to which there are reasonable grounds to believe will become environmental damage, must immediately—

(a)take all practicable steps to prevent the damage; and

(b)(unless the threat has been eliminated) notify all relevant details to the enforcing authority appearing to be the appropriate one.

(2) The enforcing authority may serve a notice on that operator that—

(a)describes the threat;

(b)specifies the measures required to prevent the damage; and

(c)requires the operator to take those measures, or measures at least equivalent to them, within the period specified in the notice.

(3) Failure to comply with paragraph (1) or a notice served under paragraph (2) is an offence.

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