The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018
2018 No. 1216 (W. 249)
Agriculture, WalesLivestock Industries
Animals, WalesAnimal HealthAnimal Welfare
Environmental Protection, Wales
Freedom Of Information, Wales
Horticulture, Wales
Plant Health, Wales
Sea Fisheries, WalesConservation Of Sea Fish
Seeds, Wales
Town And Country Planning, Wales
Waste, Wales
Water, Wales
Water Industry, Wales
Water Resources, Wales
The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018
Made 20th November 2018
Laid before the National Assembly for Wales 23th November 2018
Coming into force 17th December 2018
The Welsh Ministers make these Regulations in exercise of the powers conferred by—
(a) section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (“the 1972 Act”)1, except so far as relating to regulations 2, 5, 15, 16, 36 and 37;
(b) section 58B of the Government of Wales Act 20062, so far as relating to regulations 2 and 5;
(c) sections 103(1) to (3), (7), 104(4) and (6) of the Water Act 20033, so far as relating to regulation 15;
(d) sections 33A and 219(2)(f) of the Water Resources Act 19914, so far as relating to regulation 16;
(e) sections 1 and 8 of the Animal Health Act 19815, so far as relating to regulations 36 and 37.
The Welsh Ministers are designated6for the purposes of section 2(2) of the 1972 Act in relation to—
(a) the quality of water intended for domestic purposes or for use in a food production undertaking7;
(b) measures relating to the prevention, reduction and elimination of pollution caused by waste and the management of packaging and packaging waste8;
(c) the prevention, reduction and management of waste9;
(d) the prevention and remedying of land contamination10;
(e) flood risk management11;
(f) measures relating to water resources12;
(g) the protection of waters against pollution caused by nitrates from agricultural sources13;
(h) the common agricultural policy14;
(i) the veterinary and phytosanitary fields for the protection of public health15;
(j) measures relating to the control and regulation of the deliberate release, placing on the market and transboundary movements of genetically modified organisms16;
(k) the common agricultural policy of the European Union17;
(l) the veterinary and phytosanitary fields for the protection of public health18.
These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Welsh Ministers that it is expedient for references to EU instruments in regulations 11, 17(2), 17(3), 18(2)(a), 18(2)(b), 18(3), 23, 37(2)(a) and 37(4) to be construed as references to those instruments as amended from time to time.
PART 1
Introduction
Title, application and commencement
1.—(1) The title of these Regulations is the Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018.
(2) These Regulations apply in relation to Wales.
(3) These Regulations come into force on 17 December 2018.
PART 2
Amendments to legislation concerning the environment
The Urban Waste Water Treatment (England and Wales) Regulations 1994
2.—(1) The Urban Waste Water Treatment (England and Wales) Regulations 199419are amended as follows.
(2) In regulation 2(1)—
(a)
(a) in the definition of “the Directive”, after “treatment,” insert “as last amended by Regulation (EC) No 1137/2008of the European Parliament and of the Council20,”;
(b)
(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 2000
3. In regulation 2 of the Drinking Water (Undertakings) (England and Wales) Regulations 200021, after “human consumption)” insert “, as last amended by Commission Directive (EU) 2015/178722,”.
The Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002
4.—(1) The Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 200223are amended as follows.
(2) In regulation 2(1), in the definition of “the Contained Use Directive” (“y Gyfarwyddeb Defnydd Amgaeëdig”),for the words from “Council Directive” to the end substitute “ Directive 2009/41/ECof the European Parliament and of the Council on the contained use of genetically modified micro-organisms24”.
(3) For regulation 13(4)(c) substitute—
“(c)
“(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 2004
5. 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 2005
6.—(1) The Hazardous Waste (Wales) Regulations 200527are amended as follows.
(2) In regulation 12(3), for “Council Regulation 259/93/EEC28” substitute “Regulation (EC) No 1013/2006of 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 1013/2006of the European Parliament and of the Council on shipments of waste”.
The Contaminated Land (Wales) Regulations 2006
7. 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 2009
8.—(1) The Environmental Damage (Prevention and Remediation) (Wales) Regulations 200932are 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)
(a) the Conservation (Natural Habitats, &c.) Regulations 199433;
(b)
(b) the Offshore Petroleum Activities (Conservation of Habitats) Regulations 200134;
(c)
(c) the Conservation of Habitats and Species Regulations 201035;
(d)
(d) the Conservation of Habitats and Species Regulations 201736;
(e)
(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 2011
9.—(1) The Wildlife and Countryside (Registration, Ringing and Marking of Certain Captive Birds) (Wales) Regulations 201139is 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 2011
10. 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 2012
11. 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 1272/2008of 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 2013
12. 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 2013
13.—(1) The Nitrate Pollution Prevention (Wales) Regulations 201347are amended as follows.
(2) In regulation 6, in the definition of “derogation” (“rhanddi...
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