The title of these Regulations is the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009. They come into force on 6 May 2009.

These Regulations apply in relation to Wales and the areas specified in regulation 6.

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 damage have the same meaning in these Regulations.

References in these Regulations to EU instruments are to those instruments as they had effect immediately before exit day.

Environmental damage to protected species or natural habitats or a site of special scientific interest means damage of a kind specified in Schedule 1.

Environmental damage to groundwater means any damage to a body of groundwater such that its conductivity, level or concentration of pollutants changes sufficiently to lower its status pursuant to Directive 2000/60/EC of the European Parliament and of the Council (and for pollutants Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration ) (whether or not the body of groundwater is in fact reclassified as being of lower status).

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Environmental damage to marine waters means damage to marine waters such that their environmental status is significantly adversely affected.

Environmental damage to land means contamination of land by substances, preparations, organisms or micro-organisms that results in a significant risk of adverse effects on human health.

These Regulations apply in relation to environmental damage if it is caused by an activity in Schedule 2.

The damage must be in an area specified in the following table—

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These Regulations are without prejudice to any other enactment concerning damage to the environment.

They are without prejudice to the right of an operator to limit liability in accordance with the Convention on Limitation of Liability for Maritime Claims 1976 .

Paragraph (1) applies in relation to damage to marine waters as if, in sub-paragraph (a), for “the coming into force of these Regulations” there were substituted “19 July 2015”.

They only apply to environmental damage caused by pollution of a diffuse character if it is possible to establish a causal link between the damage and specific activities.

These Regulations are enforced in accordance with this regulation if the damage is caused by an activity that requires a permit or registration under the Environmental Permitting (England and Wales) Regulations 2016.

If either the Natural Resources Body for Wales or the Environment Agency is responsible for granting the permit, they are enforced by the Natural Resources Body for Wales in all cases.

If the damage is caused by an activity that does not require a permit or registration under the Environmental Permitting (England and Wales) Regulations 2016 these Regulations are enforced in accordance with the following table.

The Welsh Ministers may give directions to an enforcing authority of a general or specific character with respect to the carrying out of its functions under these Regulations.

An enforcing authority must comply with a direction given to it under these Regulations.

If there is more than one type of damage, so that there is more than one enforcing authority, these Regulations are enforced by any or all of the specified enforcing authorities.

An enforcing authority may enter into an arrangement with any other enforcing authority to act on its behalf.

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

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

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

Where an enforcing authority has served a responsible operator with notification under regulation 18(1) after the coming into force of this regulation, the enforcing authority must, as soon as reasonably practicable, notify the Welsh Ministers of the relevant environmental damage.

The Welsh Ministers may require an enforcing authority to provide such other information in relation to the environmental damage as the Welsh Ministers may reasonably request.

A person served with notification under regulation 18 may notify the Welsh Ministers that that person intends to appeal against that notification.

Notice of appeal must be served on the Welsh Ministers within 28 days of service of the notification under regulation 18 unless the time limit is extended by the Welsh Ministers.

Paragraph 3(e) does not apply in relation to the deliberate release of genetically modified organisms.

Schedule 5 contains procedures for the appeal.

The person deciding the appeal may confirm or quash the notice.

Where a responsible operator has received a notice from the enforcing authority under regulation 18, it must without delay identify potential remedial measures in accordance with Schedule 4 and submit them in writing to the enforcing authority for its approval.

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.

Failure to comply with a remediation notice is an offence.

The responsible operator may notify the Welsh Ministers that that person intends to appeal against the remediation notice on the grounds that its contents are unreasonable.

An appeal may only be brought against those parts of the remediation notice that are different from proposals made by the responsible operator.

Notice of appeal must be served on the Welsh Ministers within 28 days of service of the remediation notice unless the time limit is extended by the Welsh Ministers.

Schedule 5 contains procedures for the appeal.

The Welsh Ministers or the appointed person may confirm, vary or quash the notice, and must give written notification of the final decision and the reasons for it, and may, if appropriate, add further compensatory remediation requirements necessitated by the lapse of time since the remediation notice was served.

A remediation notice need not be complied with pending determination of an appeal unless the person hearing the appeal directs otherwise.

An operator liable to carry out works under Part 2 is liable for any reasonable costs incurred by the enforcing authority in taking any reasonable action under regulation 15.

The responsible operator is liable for the reasonable costs of the enforcing authority for any action taken under regulation 23 unless the responsible operator was not liable for the action taken.

An operator liable to carry out works under Part 2 is liable for the reasonable costs incurred by the enforcing authority in preparing any notice under Part 2, or in ensuring compliance with that Part.

Costs means costs that are justified by the need to ensure the proper and effective enforcement of these Regulations.

On the date on which an enforcing authority serves a notice on a person under this regulation the authority must also serve a copy of the notice on every other person who, to the knowledge of the authority, has an interest in the premises capable of being affected by the charge.

For the purposes of paragraph (4), the withdrawal of an appeal has the same effect as a final determination of the appeal.

A person served with a notice or copy of a notice under this regulation may appeal against the notice to the county court within the period of 21 days beginning with the date of service.

An enforcing authority has, for the purpose of enforcing a charge under this regulation, all the same powers and remedies under the Law of Property Act 1925 , and otherwise, as if it were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.

In this regulation, “owner” (“perchennog”), in relation to any premises, means a person (other than a mortgagee not in possession) who, whether in that person's own right or as trustee for any other person, is entitled to receive the rack rent of the premises or, where the premises are not let at a rack rent, would be so entitled if they were so let.

The enforcing authority must consider the notification and inform the notifier as to the action, if any, that it intends to take.

Any person whose consent is required before any works required by these Regulations may be carried out must grant, or join in granting, such rights in relation to any land or water as will enable the operator, or a person acting on behalf of the operator, to carry out that work.

A person who grants, or joins in granting, any rights as required by paragraph (1) is entitled to compensation from the operator determined in accordance with Schedule 6.

Enforcing authorities may authorise persons for the purposes of enforcing these Regulations.

The powers in section 108 of the Environment Act 1995 apply in relation to these Regulations, and the powers of persons authorised by the Natural Resources Body for Wales in that section are exercisable by persons authorised by any enforcing authority.

Those powers are extended to all areas to which these Regulations apply.

In addition, a person authorised by the Welsh Ministers enforcing these Regulations in relation to the sea may at any time board and inspect a ship or marine installation.

An authorised person may require any person on board a vessel or marine installation to afford such facilities and assistance with respect to matters under that person's control as the authorised person considers would facilitate the exercise of any power conferred by this regulation.

It is an offence to fail to comply with instructions given under this regulation, or knowingly to provide false or misleading information.

For the purposes of paragraph (2), “director” (“cyfarwyddwr”), in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.