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—
- 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;
- b
the natural habitats listed in Annex I to Council Directive 92/43/EEC; and
- c
the breeding sites or resting places of the species listed in Annex IV to Council Directive 92/43/EEC;
- a
“natural resource” (“adnoddyn naturiol”) means—
- a
protected species;
- b
natural habitats;
- 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;
- d
water; and
- e
land;
- a
“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.