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The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (No.2) Regulations 2015

As Enacted Cited authorities 15 Cited in Related
JurisdictionWales
CitationSI 2015/1937 (W291)
Year2015

2015No. 1937 (W. 291)

ENVIRONMENTAL PROTECTION, WALES

The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (No.2) Regulations 2015

24November2015

27November2015

18December2015

The Welsh Ministers are designated( 1) for the purposes of section 2(2) of the European Communities Act 1972 ("the 1972 Act")( 2) in relation to the prevention and remedy of environmental damage and make these Regulations in exercise of the powers conferred by that section as read with paragraph 1A of Schedule 2 to that Act( 3).

These Regulations amend the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 ("the 2009 Regulations")( 4). These Regulations make provision for a purpose mentioned in section 2(2) of, and paragraph 1A of Schedule 2 to, the 1972 Act. It appears to the Welsh Ministers that, for the purposes of the 2009 Regulations as they have effect as amended by these Regulations, it is expedient for the EU instruments referred to in the 2009 Regulations as amended by these Regulations to be construed as references to those instruments as amended from time to time.

Title and commencement

1.-(1) The title of these Regulations is the Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (No.2) Regulations 2015.

(2) These Regulations come into force on 18 December 2015.

Amendments to the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009

2. The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 are amended in accordance with regulations 3 to 5.

3. In regulation 2(1) (interpretation)-

(a) in the definition of "natural habitat" ("cynefin naturiol") for paragraph (a) substitute-"(a) the habitats of species mentioned in Article 4(2) of, or Annex I to, Council Directive 2009/147/ECon the conservation of wild birds( 5) or listed in Annex II to Council Directive 92/43/EECon the conservation of natural habitats and of wild fauna and flora( 6);";(b) for the definition of "protected species" substitute ("rhywogaethau a warchodir")-

""protected species" (" rhywogaethau a warchodir ") means a species of a kind mentioned in Article 4(2) of Council Directive 2009/147/ECor listed in Annex I to that Directive or Annexes II and IV to Council Directive 92/43/EEC;"

4. In Schedule 1 (Damage to protected species, natural habitats and sites of special scientific interest), for paragraph 5 substitute-

"Express authorisation

5. Damage to a protected species or natural habitat, and...

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