The Environmental Civil Sanctions (Miscellaneous Amendments) (Wales) Regulations 2010

The Welsh Ministers make the following Regulations in exercise of the powers conferred by—

• sections 93, 94 and 95 of the Environment Act 19951;

• section 62 of the Regulatory Enforcement and Sanctions Act 20082; and

• section 2(2) of the European Communities Act 19723. (The Welsh Ministers are designated4 for the purposes of that Act in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste and the management of packaging and packaging waste, in relation to persistent organic pollutants, dangerous substances, preparations and chemicals, and in relation to measures relating to the regulation and control of the use of sewage sludge in agriculture).

In accordance with section 93(2) of the Environment Act 1995 the Welsh Ministers have consulted such bodies and persons appearing to be representative of bodies or persons whose interests are, or are likely to be substantially affected by these Regulations; the Welsh Ministers are satisfied, pursuant to section 93(3) of that Act, as to the matters specified in section 93(6) of that Act; and the Welsh Ministers exercise this power in the manner considered best calculated to secure that it does not have the effect of restricting, distorting or preventing competition in accordance with section 93(7) of that Act.

In accordance with section 66 of the Regulatory Enforcement and Sanctions Act 2008 the Welsh Ministers are satisfied that the Environment Agency will act in accordance with the principles referred to in section 5(2) of that Act in exercising the powers in these Regulations.