*Please note some sections maybe blank if no data is relevant
As part of our commitment to continually improve our service and to help our clients meet their legal obligations, we continue to update the Legal Registers on our website and provide free quarterly legal compliance updates to anyone who subscribes. The purpose of these updates is to ensure you stay up to date with any changes in your legal compliance obligations, our updates can also be kept and can be used as evidence that your business is staying up to date with any changes in the legislation, this can be very helpful at audit time.
The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 aim to prevent and remedy environmental damage caused by human activities. The regulations require those carrying out certain activities that could cause environmental damage to take preventive measures and, if damage occurs, to remediate it. The regulations apply to any person or entity carrying out an activity listed in Schedule 1 of the regulations. The requirements include:
1. Identification and assessment of the potential impact of the activity on the environment and its associated ecosystem services.
2. Demonstration of the measures taken to prevent environmental damage, including the use of best available techniques and practices.
3. Development and implementation of emergency plans to respond to environmental incidents, including the notification of relevant authorities.
4. Assessment and reporting of any environmental damage that occurs, and demonstration of measures taken to remediate this damage.
5. Evidence of the financial security or insurance in place to cover the cost of remediation in case of an environmental incident.
6. Evidence of any permits or authorizations required to carry out the activity, and compliance with the conditions set out in those permits or authorizations.
7. Evidence of any monitoring or reporting requirements imposed by the regulations or by any permits or authorizations.
The regulations also provide for penalties for non-compliance and require the retention of records for a specified period to allow for the monitoring and verification of compliance.
The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 require those carrying out certain activities that could cause environmental damage to take preventive measures and remediate any damage caused. To comply with the regulations, evidence of the following is typically required:
1. Identification and assessment of potential environmental impacts and ecosystem services associated with the activity.
2. Evidence of measures taken to prevent environmental damage, including the use of best available techniques and practices.
3. Emergency plans to respond to environmental incidents, including the notification of relevant authorities.
4. Assessment and reporting of any environmental damage that occurs, and demonstration of measures taken to remediate this damage.
5. Evidence of financial security or insurance in place to cover the cost of remediation in case of an environmental incident.
6. Permits or authorizations required to carry out the activity, and compliance with the conditions set out in those permits or authorizations.
7. Monitoring and reporting requirements imposed by the regulations or by any permits or authorizations.
In addition to these requirements, the regulations provide for penalties for non-compliance and require the retention of records for a specified period to allow for the monitoring and verification of compliance.
The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 provide some exemptions to activities that may cause environmental damage. These include:
1. Activities that are considered to be of negligible risk, based on factors such as the scale of the activity, the nature of the substances used or generated, and the location and sensitivity of the environment.
2. Activities that are already subject to other regulatory controls that are considered to be equivalent to the requirements of the regulations.
3. Activities that are necessary for the protection of public safety, national defense, or other overriding public interests, provided that the risks to the environment are minimized and any damage is promptly remediated.
4. Activities carried out by public authorities in the course of their duties, provided that they take all reasonable measures to prevent and mitigate any environmental damage.
It should be noted that these exemptions are subject to interpretation and should be carefully assessed to ensure that they are applicable to the specific circumstances of the activity in question.
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Including our quarterly legal compliance updates that are a great resource for evidence for your ISO audits.
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