These Regulations, which apply to Wales only, make provision for certain aspects of a new scheme under Part IIA of the Environmental Protection Act 1990 (“the 1990 Act”) for the remediation of contaminated land.
Regulations 2 and 3, and Schedule 1, identify those sites (known as “special sites”) for which the Environment Agency is to be the authority responsible for enforcing the scheme. Local authorities are responsible for enforcing the scheme in the case of any other type of site.
Regulations 4 and 5 provide for the content and service of copies of “remediation notices”, that is, notices served by a local authority or the Environment Agency specifying what is to be done by way of remediation and the time for taking any action.
Regulation 6, and Schedule 2, make provision for the compensation which is to be paid in accordance with section 78G(5) of the 1990 Act to a person who grants, or joins in granting, rights of entry etc. required to enable a person to comply with a remediation notice.
Regulations 7 to 14 make provision with respect to appeals against remediation notices, including the grounds of appeal and the procedure to be followed.
Regulation 15, and Schedule 3, prescribe the particulars of matters which are required under section 78R of the 1990 Act to be placed on a register maintained by local authorities or, in the case of special sites, by the Environment Agency.
A regulatory impact assessment of the effect of these Regulations has been prepared and a copy may be obtained from Environment Division, National Assembly for Wales, Cathays Park, Cardiff.