The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (EU Exit) Regulations 2019

JurisdictionWales
CitationSI 2019/244 (W59)
Year2019

2019 No. 244 (W. 59)

Exiting The European Union, Wales

Environmental Protection, Wales

The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (EU Exit) Regulations 2019

Made 11th February 2019

Laid before the National Assembly for Wales 13th February 2019

Coming into force in accordance with regulation 1

The Welsh Ministers make these Regulations in exercise of the powers conferred by paragraph 1(1) of Schedule 2 to, the European Union (Withdrawal) Act 20181.

The requirements of paragraph 4(2) of Schedule 7 to that Act (relating to the appropriate National Assembly for Wales scrutiny procedure for these Regulations) have been satisfied.

S-1 Title and commencement

Title and commencement

1. The title of these Regulations is the Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

S-2 Amendment of the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009

Amendment of the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009

2.—(1) The Environmental Damage (Prevention and Remediation) (Wales) Regulations 20092are amended as follows.

(2) In regulation 2, in paragraph (3)(a), at the end insert “, or under retained EU law3which transposed Directive 2001/18/ECin relation to Wales.”.

(3) For regulation 3 substitute—

S-3

3.—(1) References in these Regulations to EU instruments are to those instruments as they had effect immediately before exit day.

(2) References to—

(a)

(a) the European Union, or otherwise to the area to which that instrument applies;

(b)

(b) a Member State,

in any EU instrument referred to in these Regulations includes the United Kingdom.”.

(4) In Schedule 1, in paragraph 1(1)(e), for “or European Union-wide” substitute “, national or in their natural range”.

(5) In Schedule 2—

(a)

(a) after paragraph 1 insert—

S-1A

“1A A reference in this Schedule to an activity being authorised, prohibited, operated or managed pursuant to, or subject to, a permit or registration under an EU Directive includes, after exit day, any activity authorised, prohibited, operated or managed pursuant to, or subject to, a permit or registration under any retained EU law which transposed that Directive.”; and

(b)

(b) in paragraph 10, for the words from “European Union” to the end, substitute “European Union, or after exit day into or out of the United Kingdom, requiring an authorisation or prohibited under...

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