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

Remediation notices

20.—(1) Once it receives the proposals from the responsible operator (or, if a proposal is not received within the specified time limit, at any time after the time limit has expired), the enforcing authority must, so far as is practicable, consult—

(a) anyone who has notified an enforcing authority under regulation 29, and

(b) any person on whose land the remedial measures will be carried out,

and may consult any other person appearing to be necessary.

(2) Following consultation the enforcing authority must serve a remediation notice on the responsible operator that specifies—

(a) the damage;

(b) the measures necessary for remediation of the damage, together with the reasons;

(c) the period within which those measures must be taken;

(d) any additional monitoring or investigative measures that the responsible operator must carry out during remediation; and

(e) the right of appeal against the remediation notice.

(3) The enforcing authority may withdraw or vary the remediation notice if it is satisfied that the remediation notice should not have been served or that an appeal against the remediation notice is likely to succeed.

(4) Failure to comply with a remediation notice is an offence.