PART 1Introductory provisions

Interpretation2

1

In these Regulations—

  • “activity” (“gweithgaredd”) means any economic activity, whether public or private and whether or not carried out for profit;

  • “groundwater” (“dŵ r daear”) means all water that is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;

  • “local authority” (“awdurdod lleol”) means a county council or a county borough council;

  • “natural habitat” (“cynefin naturiol”) means—

    1. a

      the habitats of species mentioned in Article 4(2) of, or Annex I to, Council Directive 79/409/EEC on the conservation of wild birds3 or listed in Annex II to Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora4;

    2. b

      the natural habitats listed in Annex I to Council Directive 92/43/EEC; and

    3. c

      the breeding sites or resting places of the species listed in Annex IV to Council Directive 92/43/EEC;

  • “natural resource” (“adnoddyn naturiol”) means—

    1. a

      protected species;

    2. b

      natural habitats;

    3. c

      species or habitats on a site of special scientific interest for which the site has been notified under section 28 of the Wildlife and Countryside Act 19815;

    4. d

      water; and

    5. e

      land;

  • “operator” (“gweithredwr”) means a person who operates or controls an activity, the holder of a permit or authorisation relating to that activity or the person registering or notifying such an activity;

  • “protected species” (“rhywogaethau a warchodir”) means the species mentioned in Article 4(2) of Council Directive 79/409/EEC or listed in Annex I to that Directive or Annexes II and IV to Council Directive 92/43/EEC;

  • “services” (“gwasanaethau”) means the functions performed by a natural resource for the benefit of another natural resource or the public;

  • “Wales” (“Cymru”) has the meaning given under section 158 of the Government of Wales Act 20066.

2

Unless otherwise defined in these Regulations, expressions used in Directive 2004/35/EC of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage7 have the same meaning in these Regulations.

3

In relation to the deliberate release and placing on the market of genetically modified organisms, “operator” (“gweithredwr”) and “responsible operator” (“gweithredwr cyfrifol”) includes—

a

the holder of a relevant consent issued under Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms8;

b

the holder of a relevant consent for the deliberate release of genetically modified organisms granted by the Welsh Ministers under section 111(1) of the Environmental Protection Act 19909; or

c

the holder of a relevant authorisation issued under Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed10.