PART 2Amendments to legislation concerning the environment
The Urban Waste Water Treatment (England and Wales) Regulations 1994I12
1
The Urban Waste Water Treatment (England and Wales) Regulations 199419 are amended as follows.
2
In regulation 2(1)—
a
in the definition of “the Directive”, after “treatment,” insert “as last amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council20,”;
b
in the words after the definition of “Wales”, after “used” insert “in these Regulations and”.
3
In Schedule 1, in Part 1, in paragraph (b), for the words from “the concentration” to “Member States” substitute “50 mg/l of nitrates in 95% of the samples”.
The Drinking Water (Undertakings) (England and Wales) Regulations 2000I23
The Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002I34
1
The Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 200223 are amended as follows.
F12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
For regulation 13(4)(c) substitute—
c
any person, or member of a genetic modification safety committee, from whom advice must be obtained under regulation 8 of the Genetically Modified Organisms (Contained Use) Regulations 201425,
The Environmental Information Regulations 2004I45
In regulation 18(6) of the Environmental Information Regulations 200426, for the words from “applies to a decision notice” to the end substitute “does not apply”.
The Hazardous Waste (Wales) Regulations 2005I56
1
The Hazardous Waste (Wales) Regulations 200527 are amended as follows.
2
In regulation 12(3), for “Council Regulation 259/93/EEC28” substitute “Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste29”.
3
In Schedule 7, in paragraph 1(b), for the words from “the Annex” to “1994” substitute “Annex 1A to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste”.
The Contaminated Land (Wales) Regulations 2006I67
In regulation 3(b)(ii) of the Contaminated Land (Wales) Regulations 200630, after “water policy” insert “as last amended by Commission Directive 2014/101/EU31”.
The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009I78
1
The Environmental Damage (Prevention and Remediation) (Wales) Regulations 200932 are amended as follows.
2
In regulation 20, before paragraph (1), insert—
A1
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.
3
In Schedule 1, for paragraph 5 substitute—
5
1
Damage to a protected species or natural habitat and damage to a site of special scientific interest does not include damage caused by an act expressly authorised by the relevant authorities in accordance with—
a
the Conservation (Natural Habitats, &c.) Regulations 199433;
b
the Offshore Petroleum Activities (Conservation of Habitats) Regulations 200134;
c
the Conservation of Habitats and Species Regulations 201035;
d
the Conservation of Habitats and Species Regulations 201736;
e
the Conservation of Offshore Marine Habitats and Species Regulations 201737.
2
Damage to sites of special scientific interest does not include, in the case of a site that is not a European site damage caused by an act expressly authorised by the relevant authorities in accordance with Part 2 of the Wildlife and Countryside Act 198138.
3
In sub-paragraph (2), “European site” has the same meaning as in regulation 8 of the Conservation of Habitats and Species Regulations 2017.
The Wildlife and Countryside (Registration, Ringing and Marking of Certain Captive Birds) (Wales) Regulations 2011I89
1
The Wildlife and Countryside (Registration, Ringing and Marking of Certain Captive Birds) (Wales) Regulations 201139 is amended as follows.
2
In regulation 5(3), in the definition of “CITES certificate” (“tystysgrif CITES”), after “trade therein” insert “, as last amended by Commission Regulation (EU) 2017/16040,”.
3
In regulation 6(2), at the end insert “, as last amended by Commission Regulation (EU) 2015/87041”.
The Incidental Flooding and Coastal Erosion (Wales) Order 2011I910
In article 3(4) of the Incidental Flooding and Coastal Erosion (Wales) Order 201142—
a
in sub-paragraph (b), at the end insert “, as last amended by Council Directive 2013/17(EU)43”;
b
in sub-paragraph (c), after “water policy” insert “, as last amended by Commission Directive 2014/101/EU”;
c
after sub-paragraph (c) omit “and”;
d
in sub-paragraph (d), at the end insert “, as last amended by Council Directive 2013/17/EU”.
The Controlled Waste (England and Wales) Regulations 2012I1011
In Schedule 1 to the Controlled Waste (England and Wales) Regulations 201244, in paragraph 1, in the definition of “clinical waste”, in paragraph (c), for the words from “Council Directive” to the end substitute “Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures45, as amended from time to time,”.
The Bathing Water Regulations 2013I1112
In regulation 2(2) of the Bathing Water Regulations 201346, after “water policy” insert “, as last amended by Commission Directive 2014/101/EU”.
The Nitrate Pollution Prevention (Wales) Regulations 2013I1213
1
The Nitrate Pollution Prevention (Wales) Regulations 201347 are amended as follows.
2
In regulation 6, in the definition of “derogation” (“rhanddirymiad”), omit “and Commission Decision 2013/781/EU”.
3
In regulation 11(2)(b), at the end insert “, as last amended by Commission Directive (EU) 2015/178748”.
4
In regulation 22(2)(a)(ii), at the end insert “, or Regulation (EU) 1305/201349”.
The Environmental Permitting (England and Wales) Regulations 2016I1314
In Schedule 10 to the Environmental Permitting (England and Wales) Regulations 201650, in paragraph 5—
a
in sub-paragraph (4), for the words from “Regulation” to the end substitute “Regulation (EU) 2017/852 of the European Parliament and of the Council on mercury51”;
b
omit sub-paragraph (5).
The Water Abstraction (Transitional Provisions) Regulations 2017I1415
In regulation 9 of the Water Abstraction (Transitional Provisions) Regulations 201752, for paragraph (3) substitute—
3
In paragraph (1), an abstraction of more limited extent does not include—
a
a Qn95 hands-off flow constraint on a licence where the licensed abstraction is from a body of inland waters or a body of groundwater where the recent actual flow or quantitative status of the source of supply does not support good ecological potential, good ecological status or good quantitative status, or
b
75% of Qn99 hands-off flow constraint on a licence where the licenced abstraction is from a body of inland waters or a body of groundwater where the recent actual flow or quantitative status of the source of supply supports good ecological potential, good ecological status or good quantitative status.
The Water Abstraction and Impounding (Exemptions) Regulations 2017I1516
1
The Water Abstraction and Impounding (Exemptions) Regulations 201753 are amended as follows.
2
In regulation 2(1)—
a
for the definition of “the 2010 Regulations” substitute—
“the 2017 Regulations” means the Conservation of Habitats and Species Regulations 201754;
b
in the definition of “conservation site”—
i
in paragraph (a), for “regulation 10(5) of the 2010 Regulations” substitute “regulation 12(5) of the 2017 Regulations”;
ii
in paragraph (b), for “regulation 11 of the 2010 Regulations” substitute “regulation 13 of the 2017 Regulations”;
iii
in paragraph (c), for “regulations 12A and 12B, respectively, of the 2010 Regulations” substitute “regulations 15 and 16, respectively, of the 2017 Regulations”;
c
in the definition of “protected species”, in paragraph (a), for “regulation 40(1) of, and Schedule 2 to, the 2010 Regulations” substitute “regulation 42(1) of, and Schedule 2 to, the 2017 Regulations”.
3
In regulation 14(1)(b), for “regulation 99(2) of the 2010 Regulations” substitute “regulation 102(2) of the 2017 Regulations”.