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Reform history

Environment (Wales) Act 2016

13 versions · 2016-03-21

2024-11-16

Environment (Wales) Act 2016

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2024-10-01

Environment (Wales) Act 2016

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2024-04-06

Environment (Wales) Act 2016

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2023-10-18

Environment (Wales) Act 2016

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2023-10-17

Environment (Wales) Act 2016

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2021-12-03

Environment (Wales) Act 2016

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2021-03-19

Environment (Wales) Act 2016

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2021-01-21

Environment (Wales) Act 2016

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2017-07-14

Environment (Wales) Act 2016

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2017-04-01

Environment (Wales) Act 2016

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2017-02-24

Environment (Wales) Act 2016

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2016-05-21

Environment (Wales) Act 2016

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Changes on 2016-05-21

@@ -4,7 +4,7 @@

### Introduction

#### Purpose of this Part

#### Meaning of “carrier bag”

##### 1

@@ -14,7 +14,7 @@

##### 2

In this Part, “natural resources” includes (but is not limited to)—

In this Part, “*natural resources*” includes (but is not limited to)—

- (a) animals, plants and other organisms;

@@ -32,7 +32,7 @@

##### 3

- (1) In this Part, “sustainable management of natural resources” means—

- (1) In this Part, “*sustainable management of natural resources*” means—

- (a) using natural resources in a way and at a rate that promotes achievement of the objective in subsection (2),

@@ -44,7 +44,7 @@

- (a) meet the needs of present generations of people without compromising the ability of future generations to meet their needs, and

- (b) contribute to the achievement of the well-being goals in section 4 of the [Well-being of Future Generations (Wales) Act 2015 (anaw 2)](https://www.legislation.gov.uk/anaw/2015/2).

- (b) contribute to the achievement of the well-being goals in section 4 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2).

#### Principles of sustainable management of natural resources

@@ -86,7 +86,7 @@

##### 5

- (1) The [Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903)](https://www.legislation.gov.uk/uksi/2012/1903) is amended as follows.

- (1) The Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) is amended as follows.

- (2) For article 4 substitute—

@@ -96,16 +96,16 @@

> (b) apply the principles of sustainable management of natural resources,

> in the exercise of its functions, so far as consistent with their proper exercise.

> (2) In this article—

> - “principles of sustainable management of natural resources” (“*egwyddorion rheoli cynaliadwy ar adnoddau naturiol*”) has the meaning given by section 4 of the Environment (Wales) Act 2016;

> - “sustainable management of natural resources” (“*rheoli cynaliadwy ar adnoddau naturiol*”) has the meaning given by section 3 of the Environment (Wales) Act 2016.

> - “*principles of sustainable management of natural resources*” (“**egwyddorion rheoli cynaliadwy ar adnoddau naturiol**”) has the meaning given by section 4 of the Environment (Wales) Act 2016;

> - “*sustainable management of natural resources*” (“**rheoli cynaliadwy ar adnoddau naturiol**”) has the meaning given by section 3 of the Environment (Wales) Act 2016.

- (3) In article 5—

- (a) in the heading, after “Body’s” insert “general”;

- (b) in paragraph (1), for “purpose” substitute “general purpose in article 4”;

- (c) in paragraph (3) for “functions” substitute “general purpose in article 4”.

- (a) in the heading, after “Body's” insert “ general ”;

- (b) in paragraph (1), for “purpose” substitute “ general purpose in article 4 ”;

- (c) in paragraph (3) for “functions” substitute “ general purpose in article 4 ”.

- (4) Omit articles 5B and 5E.

@@ -129,7 +129,7 @@

- (3) Subsection (1) does not apply to—

- (a) the exercise of a function by Her Majesty’s Revenue and Customs, or

- (a) the exercise of a function by Her Majesty's Revenue and Customs, or

- (b) the exercise of a judicial function of a court or tribunal.

@@ -159,19 +159,19 @@

- (9) In this section—

- “Minister of the Crown” (“*Gweinidog y Goron*”) has the same meaning as in the [Ministers of the Crown Act 1975 (c. 26)](https://www.legislation.gov.uk/ukpga/1975/26);

- “public authority” (“*awdurdod cyhoeddus*”) means— the Welsh Ministers; the First Minister for Wales; the Counsel General to the Welsh Government; a Minister of the Crown; a public body (including a government department, a local authority, a local planning authority and a strategic planning panel); a person holding an office— under the Crown, created or continued in existence by a public general Act of the National Assembly for Wales or of Parliament, or the remuneration in respect of which is paid out of money provided by the National Assembly for Wales or Parliament; a statutory undertaker.

- “*Minister of the Crown*” (“**Gweinidog y Goron**”) has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);

- “*public authority*” (“**awdurdod cyhoeddus**”) means—the Welsh Ministers;the First Minister for Wales;the Counsel General to the Welsh Government;a Minister of the Crown;a public body (including a government department, a local authority, a local planning authority and a strategic planning panel);a person holding an office—under the Crown,created or continued in existence by a public general Act of the National Assembly for Wales or of Parliament, orthe remuneration in respect of which is paid out of money provided by the National Assembly for Wales or Parliament;a statutory undertaker.

- (10) In subsection (9)—

- “local authority” (“*awdurdod lleol*”) means a council of a county, county borough or community in Wales;

- “local planning authority” (“*awdurdod cynllunio lleol*”) has the meaning given by the [Town and Country Planning Act 1990 (c. 8)](https://www.legislation.gov.uk/ukpga/1990/8);

- “statutory undertaker” (“*ymgymerwr statudol*”) means any of the following— a person authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of hydraulic power; an operator of an electronic communications code network (within the meaning of paragraph 1(1) of Schedule 17 to the [Communications Act 2003 (c. 21)](https://www.legislation.gov.uk/ukpga/2003/21)); an airport operator (within the meaning of the [Airports Act 1986 (c. 31)](https://www.legislation.gov.uk/ukpga/1986/31)) operating an airport to which Part 5 of that Act applies; a gas transporter (within the meaning of Part 1 of the [Gas Act 1986 (c. 44)](https://www.legislation.gov.uk/ukpga/1986/44)); a holder of a licence under section 6(1) of the [Electricity Act 1989 (c. 29)](https://www.legislation.gov.uk/ukpga/1989/29); a water or sewerage undertaker; the Civil Aviation Authority or a holder of a licence under Chapter 1 of Part 1 of the [Transport Act 2000 (c. 38)](https://www.legislation.gov.uk/ukpga/2000/38), to the extent that the person holding the licence is carrying out activities authorised by it; a universal service provider within the meaning of Part 3 of the [Postal Services Act 2011 (c. 5)](https://www.legislation.gov.uk/ukpga/2011/5);

- “strategic planning panel” (“*panel cynllunio strategol*”) means a strategic planning panel established under section 60D of the [Planning and Compulsory Purchase Act 2004 (c. 5)](https://www.legislation.gov.uk/ukpga/2004/5).

- “*local authority*” (“**awdurdod lleol**”) means a council of a county, county borough or community in Wales;

- “*local planning authority*” (“**awdurdod cynllunio lleol**”) has the meaning given by the Town and Country Planning Act 1990 (c. 8);

- “*statutory undertaker*” (“**ymgymerwr statudol**”) means any of the following—a person authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of hydraulic power;an operator of an electronic communications code network (within the meaning of paragraph 1(1) of Schedule 17 to the Communications Act 2003 (c. 21));an airport operator (within the meaning of the Airports Act 1986 (c. 31)) operating an airport to which Part 5 of that Act applies;a gas transporter (within the meaning of Part 1 of the Gas Act 1986 (c. 44));a holder of a licence under section 6(1) of the Electricity Act 1989 (c. 29);a water or sewerage undertaker;the Civil Aviation Authority or a holder of a licence under Chapter 1 of Part 1 of the Transport Act 2000 (c. 38), to the extent that the person holding the licence is carrying out activities authorised by it;a universal service provider within the meaning of Part 3 of the Postal Services Act 2011 (c. 5);

- “*strategic planning panel*” (“**panel cynllunio strategol**”) means a strategic planning panel established under section 60D of the Planning and Compulsory Purchase Act 2004 (c. 5).

#### Biodiversity lists and duty to take steps to maintain and enhance biodiversity

@@ -207,9 +207,9 @@

- (2) Each report must, among other things, set out—

- (a) NRW’s assessment of the extent to which sustainable management of natural resources is being achieved;

- (b) NRW’s assessment of biodiversity (including the living organisms and types of habitat included in any list published under section 7);

- (a) NRW's assessment of the extent to which sustainable management of natural resources is being achieved;

- (b) NRW's assessment of biodiversity (including the living organisms and types of habitat included in any list published under section 7);

- (c) what NRW considers to be the main trends and factors that are affecting, and are likely to affect, the state of natural resources;

@@ -221,7 +221,7 @@

- (5) NRW must publish a draft of each report required by subsection (4) before the end of the calendar year preceding the year in which the report must be published.

- (6) In this section, “ordinary general election” means the poll held at an ordinary general election under section 3 of the [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32).

- (6) In this section, “*ordinary general election*” means the poll held at an ordinary general election under section 3 of the Government of Wales Act 2006 (c. 32).

### National natural resources policy

@@ -261,7 +261,7 @@

- (b) any representations that were received as a result of the consultation.

- (11) In subsection (6), “general election” means a poll held at an ordinary general election under section 3 of the [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32) or an extraordinary general election under section 5 of that Act.

- (11) In subsection (6), “*general election*” means a poll held at an ordinary general election under section 3 of the Government of Wales Act 2006 (c. 32) or an extraordinary general election under section 5 of that Act.

### Area-based implementation of the national policy

@@ -269,7 +269,7 @@

##### 10

- (1) In sections 11 to 15, “public body” means any one of the following—

- (1) In sections 11 to 15, “*public body*” means any one of the following—

- (a) a council of a county or county borough in Wales;

@@ -309,7 +309,7 @@

- (b) may amend that subsection by adding a Minister of the Crown only if the Secretary of State consents.

- (4) If the regulations amend subsection (1) so as to add a person who has functions of a public nature and other functions, sections 11 to 15 apply to that person only in relation to those of the person’s functions that are of a public nature.

- (5) Before making regulations under subsection (2), the Welsh Ministers must consult—

@@ -395,9 +395,9 @@

- (2) If NRW asks a public body to exercise its functions to provide NRW with other assistance which NRW requires for the purpose of exercising functions under section 8 or 11, the public body must provide the assistance unless the public body considers that doing so would—

- (a) be incompatible with the public body’s own duties, or

- (b) otherwise have an adverse effect on the exercise of the public body’s functions.

- (a) be incompatible with the public body's own duties, or

- (b) otherwise have an adverse effect on the exercise of the public body's functions.

- (3) The duties of a public body in subsections (1) and (2) are also duties of the Future Generations Commissioner for Wales, but they only apply to the Commissioner if the information or other assistance is required for the production of a report under section 8 on the state of natural resources.

@@ -409,9 +409,9 @@

- (2) If a public body asks NRW to exercise its functions to provide the public body with other assistance which the public body requires for the purpose of implementing an area statement, NRW must provide the assistance unless NRW considers that doing so would⁠—

- (a) be incompatible with NRW’s own duties, or

- (b) otherwise have an adverse effect on the exercise of NRW’s functions.

- (a) be incompatible with NRW's own duties, or

- (b) otherwise have an adverse effect on the exercise of NRW's functions.

### Land management agreements

@@ -437,11 +437,11 @@

- (3) In this section—

- “interest in land” (“*buddiant mewn tir*”) includes any estate in land and any right over land, whether the right is exercisable by virtue of ownership of an interest in land or by virtue of a licence or agreement, and in particular includes sporting rights;

- “management scheme” (“*cynllun rheoli*”) has the meaning given by Part 2 of the [Wildlife and Countryside Act 1981 (c. 69)](https://www.legislation.gov.uk/ukpga/1981/69) (see section 28J);

- “site of special scientific interest” (“*safle o ddiddordeb gwyddonol arbennig*”) has the meaning given by Part 2 of the Wildlife and Countryside Act 1981 (see section 52(1)).

- “*interest in land*” (“**buddiant mewn tir**”) includes any estate in land and any right over land, whether the right is exercisable by virtue of ownership of an interest in land or by virtue of a licence or agreement, and in particular includes sporting rights;

- “*management scheme*” (“**cynllun rheoli**”) has the meaning given by Part 2 of the Wildlife and Countryside Act 1981 (c. 69) (see section 28J);

- “*site of special scientific interest*” (“**safle o ddiddordeb gwyddonol arbennig**”) has the meaning given by Part 2 of the Wildlife and Countryside Act 1981 (see section 52(1)).

#### Effect on successors in title of certain land management agreements

@@ -449,7 +449,7 @@

- (1) Where a land management agreement is made with a person with a qualifying interest in land subject to the agreement which is not registered land, and the agreement provides that the provisions of this subsection have effect in relation to the agreement—

- (a) the agreement may be registered as a land charge under the [Land Charges Act 1972 (c. 61)](https://www.legislation.gov.uk/ukpga/1972/61) as if it were a charge affecting land falling within paragraph (ii) of Class D,

- (a) the agreement may be registered as a land charge under the Land Charges Act 1972 (c. 61) as if it were a charge affecting land falling within paragraph (ii) of Class D,

- (b) the provisions of section 4 of that Act (which relates to the effect of non-registration) apply as if the agreement were such a land charge, and

@@ -457,7 +457,7 @@

- (2) Where a land management agreement is made with a person with a qualifying interest in land subject to the agreement which is registered land, and the agreement provides that the provisions of this subsection have effect in relation to the agreement—

- (a) the agreement may be the subject of a notice in the register of title under the [Land Registration Act 2002 (c. 9)](https://www.legislation.gov.uk/ukpga/2002/9) as if it were an interest affecting the registered land,

- (a) the agreement may be the subject of a notice in the register of title under the Land Registration Act 2002 (c. 9) as if it were an interest affecting the registered land,

- (b) the provisions of sections 28 to 30 of that Act (effect of dispositions of registered land on priority of adverse interests) apply as if the agreement were such an interest, and

@@ -471,15 +471,15 @@

- (4) In this section—

- “registered land” (“*tir cofrestredig*”) has the same meaning as in the Land Registration Act 2002;

- “successor” (“*olynydd*”), in relation to an agreement with a person with a qualifying interest in any land, means a person deriving title or otherwise claiming under that person with a qualifying interest, otherwise than in right of an interest or charge to which the interest of the person with the qualifying interest was subject immediately before— the time when the agreement was made, where the land is not registered land, or the time when the notice of the agreement was registered, where the land is registered land.

- “*registered land*” (“**tir cofrestredig**”) has the same meaning as in the Land Registration Act 2002;

- “*successor*” (“**olynydd**”), in relation to an agreement with a person with a qualifying interest in any land, means a person deriving title or otherwise claiming under that person with a qualifying interest, otherwise than in right of an interest or charge to which the interest of the person with the qualifying interest was subject immediately before—the time when the agreement was made, where the land is not registered land, orthe time when the notice of the agreement was registered, where the land is registered land.

#### Application of Schedule 2 to the Forestry Act 1967 to land management agreements

##### 18

Schedule 2 to the [Forestry Act 1967 (c. 10)](https://www.legislation.gov.uk/ukpga/1967/10) (power for tenant for life and others to enter into forestry dedication covenants) applies to land management agreements as it applies to forestry dedication covenants.

Schedule 2 to the Forestry Act 1967 (c. 10) (power for tenant for life and others to enter into forestry dedication covenants) applies to land management agreements as it applies to forestry dedication covenants.

#### Effect of agreements on dedication of highway and grant of easement

@@ -495,11 +495,11 @@

- (2) The disapplied enactments are—

- (a) section 16 of the [National Parks and Access to the Countryside Act 1949 (c. 97)](https://www.legislation.gov.uk/ukpga/1949/97);

- (b) section 15 of the [Countryside Act 1968 (c. 41)](https://www.legislation.gov.uk/ukpga/1968/41);

- (c) section 39 of the [Wildlife and Countryside Act 1981 (c. 69)](https://www.legislation.gov.uk/ukpga/1981/69).

- (a) section 16 of the National Parks and Access to the Countryside Act 1949 (c. 97);

- (b) section 15 of the Countryside Act 1968 (c. 41);

- (c) section 39 of the Wildlife and Countryside Act 1981 (c. 69).

#### Crown land

@@ -509,7 +509,7 @@

- (2) A land management agreement as respects any other interest in Crown land is of no effect unless approved by the appropriate authority.

- (3) “Crown land” means land an interest in which—

- (3) “*Crown land*” means land an interest in which—

- (a) belongs to Her Majesty in right of the Crown,

@@ -519,7 +519,7 @@

- (d) belongs to a government department or is held in trust for Her Majesty for the purposes of a government department.

- (4) “The appropriate authority”, in relation to any land, means—

- (4) “*The appropriate authority*”, in relation to any land, means—

- (a) if the land belongs to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having the management of the land in question;

@@ -545,7 +545,7 @@

- (c) requiring a person to whom an exemption or relaxation applies to comply with conditions specified in the regulations;

- (d) modifying an enactment in a way the Welsh Ministers consider necessary for the enforcement of, or in consequence of, any provision made by virtue of paragraphs (a) to (c).

- (d) modifying an enactment in a way the Welsh Ministers consider necessary for the enforcement of, or in consequence of, any provision made by virtue of paragraphs (a) to (c)?.

- (2) Regulations under subsection (1) may not make provision removing or modifying a function of a Minister of the Crown that was exercisable by a Minister of the Crown before 5 May 2011 unless the Secretary of State consents to the provision.

@@ -589,21 +589,23 @@

- (iv) it is a requirement that applies to NRW and is concerned with the way in which, or the purposes for which, natural resources are managed or used.

- (10) In this section, “experimental scheme” means a scheme carried out under arrangements made by NRW under article 10C of the [Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903)](https://www.legislation.gov.uk/uksi/2012/1903).

- (10) In this section, “*experimental scheme*” means a scheme carried out under arrangements made by NRW under article 10C of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903).

#### Power of NRW to conduct experimental schemes etc.

##### 23

In the [Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903)](https://www.legislation.gov.uk/uksi/2012/1903), for article 10C substitute—

In the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903), for article 10C substitute—

> (10C)

> (1) The Body may make arrangements for the carrying out (whether by the Body or by other persons) of research and experimental schemes that are relevant to the exercise of its functions.

> (2) The Body may provide support (by financial means or otherwise) for research and experimental schemes that are relevant to the exercise of its functions; and paragraphs (2) and (3) of article 10B apply to the giving of financial assistance under this paragraph.

> (3) In carrying out activities under this article relating to nature conservation, the Body must have regard to any common standards established under section 34(2)(c) of the Natural Environment and Rural Communities Act 2006 in so far as they are applicable to the activities.

> (4) In this article—

> - “experimental scheme” (“*cynllun arbrofol*”) means a scheme designed— to develop or apply new or modified methods, concepts or techniques, or to develop or test proposals for regulatory change;

> - “research” (“*ymchwil*”) includes inquiries and investigations.

> - “*experimental scheme*” (“**cynllun arbrofol**”) means a scheme designed—

> 1. to develop or apply new or modified methods, concepts or techniques, or

> 2. to develop or test proposals for regulatory change;

> - “*research*” (“**ymchwil**”) includes inquiries and investigations.

### General

@@ -643,27 +645,27 @@

In this Part—

- “biodiversity” (“*bioamrywiaeth*”) means the diversity of living organisms, whether at the genetic, species or ecosystem level;

- “land” (“*tir*”) includes land covered by water;

- “land management agreement” (“*cytundeb rheoli tir*”) means an agreement under section 16;

- “national natural resources policy” (“*polisi adnoddau naturiol cenedlaethol*”) has the meaning given by section 9;

- “natural resources” (“*adnoddau naturiol*”) is to be interpreted in accordance with section 2;

- “NRW” (“*CNC*”) means the Natural Resources Body for Wales;

- “principles of sustainable management of natural resources” (“*egwyddorion rheoli cynaliadwy ar adnoddau naturiol*”) has the meaning given by section 4;

- “sustainable management of natural resources” (“*rheoli cynaliadwy ar adnoddau naturiol*”) has the meaning given by section 3.

- “*biodiversity*” (“**bioamrywiaeth**”) means the diversity of living organisms, whether at the genetic, species or ecosystem level;

- “*land*” (“**tir**”) includes land covered by water;

- “*land management agreement*” (“**cytundeb rheoli tir**”) means an agreement under section 16;

- “*national natural resources policy*” (“**polisi adnoddau naturiol cenedlaethol**”) has the meaning given by section 9;

- “*natural resources*” (“**adnoddau naturiol**”) is to be interpreted in accordance with section 2;

- “*NRW*” (“**CNC**”) means the Natural Resources Body for Wales;

- “*principles of sustainable management of natural resources*” (“**egwyddorion rheoli cynaliadwy ar adnoddau naturiol**”) has the meaning given by section 4;

- “*sustainable management of natural resources*” (“**rheoli cynaliadwy ar adnoddau naturiol**”) has the meaning given by section 3.

#### Minor and consequential provision

##### 27

- (1) The amendments made by this Part to the [Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903)](https://www.legislation.gov.uk/uksi/2012/1903) do not affect the power of the Welsh Ministers to make further orders under sections 13 and 15 of the [Public Bodies Act 2011 (c. 24)](https://www.legislation.gov.uk/ukpga/2011/24) amending or revoking the provision made by those amendments.

- (1) The amendments made by this Part to the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) do not affect the power of the Welsh Ministers to make further orders under sections 13 and 15 of the Public Bodies Act 2011 (c. 24) amending or revoking the provision made by those amendments.

- (2) Part 1 of Schedule 2 provides for minor and consequential amendments and repeals relating to this Part.

@@ -689,7 +691,7 @@

- (3) The Welsh Ministers may by regulations amend subsection (1) so that it specifies a percentage greater than 80%.

- (4) In this Part, the target in subsection (1) is referred to as the “2050 emissions target”.

- (4) In this Part, the target in subsection (1) is referred to as the “*2050 emissions target*”.

#### Interim emissions targets

@@ -753,7 +755,7 @@

- (a) the most recent report under section 8 on the state of natural resources in relation to Wales,

- (b) the most recent future trends report under section 11 of the [Well-being of Future Generations (Wales) Act 2015 (anaw 2)](https://www.legislation.gov.uk/anaw/2015/2),

- (b) the most recent future trends report under section 11 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2),

- (c) the most recent report (if any) under section 23 of that Act (future generations report),

@@ -831,7 +833,7 @@

##### 36

- (1) In this Part, a “carbon unit” means a unit of a kind specified in regulations made by the Welsh Ministers and representing—

- (1) In this Part, a “*carbon unit*” means a unit of a kind specified in regulations made by the Welsh Ministers and representing—

- (a) a reduction in an amount of greenhouse gas emissions,

@@ -885,7 +887,7 @@

##### 38

- (1) In this Part, the “baseline” means the aggregate amount of net Welsh emissions of greenhouse gases for the baseline years.

- (1) In this Part, the “*baseline*” means the aggregate amount of net Welsh emissions of greenhouse gases for the baseline years.

- (2) The baseline year for each greenhouse gas is—

@@ -973,7 +975,7 @@

- (8) The statement must explain what the Welsh Ministers consider to be the reasons why the carbon budget for the period has, or has not, been met.

- (9) In particular, it must include the Welsh Ministers’ assessment of the extent to which their proposals and policies for meeting the carbon budget for the period—

- (9) In particular, it must include the Welsh Ministers' assessment of the extent to which their proposals and policies for meeting the carbon budget for the period—

- (a) have been carried out, and

@@ -1039,7 +1041,7 @@

- (2) The regulations may designate a person only if the person exercises functions of a public nature.

- (3) If no regulations under subsection (1) are in force, the advisory body is the Committee on Climate Change established under section 32 of the [Climate Change Act 2008 (c. 27)](https://www.legislation.gov.uk/ukpga/2008/27).

- (3) If no regulations under subsection (1) are in force, the advisory body is the Committee on Climate Change established under section 32 of the Climate Change Act 2008 (c. 27).

- (4) Regulations under subsection (1)(a) may, in particular, include provision about—

@@ -1061,7 +1063,7 @@

##### 45

- (1) Before the end of the first budgetary period, the advisory body must send a report to the Welsh Ministers setting out the body’s views on—

- (1) Before the end of the first budgetary period, the advisory body must send a report to the Welsh Ministers setting out the body's views on—

- (a) the progress that has been made towards meeting—

@@ -1075,7 +1077,7 @@

- (c) any further measures that are needed to meet those budgets and targets.

- (2) No later than six months after the Welsh Ministers lay the final statement for a budgetary period before the National Assembly for Wales under section 41, the advisory body must send a report to the Welsh Ministers setting out the body’s views on—

- (a) the way in which the carbon budget for the period was or was not met,

@@ -1083,13 +1085,13 @@

- (c) the matters set out in subsection (1).

- (3) No later than six months after the Welsh Ministers lay the statement under section 43 relating to 2030 before the National Assembly for Wales, the advisory body must send a report to the Welsh Ministers setting out the body’s views on—

- (a) whether the interim emissions target for 2040 and the 2050 emissions target are the highest achievable targets, and

- (b) if either of them is not the highest achievable target, what is the highest achievable target.

- (4) No later than six months after the Welsh Ministers lay the statement under section 43 relating to 2040 before the National Assembly for Wales, the advisory body must send a report to the Welsh Ministers setting out the body’s views on—

- (a) whether the 2050 emissions target is the highest achievable target, and

@@ -1107,7 +1109,7 @@

If requested to do so by the Welsh Ministers, the advisory body must provide the Welsh Ministers with advice, analysis, information or other assistance that is relevant to—

- (a) the exercise of the Welsh Ministers’ functions under this Part, or

- (a) the exercise of the Welsh Ministers' functions under this Part, or

- (b) any other matters relating to climate change.

@@ -1143,15 +1145,15 @@

- (a) request advice from the advisory body about the proposal to make the regulations, and

- (b) take the advisory body’s advice into account.

- (b) take the advisory body's advice into account.

- (2) When the Welsh Ministers request advice from the advisory body under this section, they must specify a reasonable period within which the advice must be provided.

- (3) The advisory body must provide the advice within that period.

- (4) The advisory body’s advice must set out the reasons for the advice.

- (5) The Welsh Ministers must publish the advisory body’s advice as soon as reasonably practicable after receiving it.

- (4) The advisory body's advice must set out the reasons for the advice.

- (5) The Welsh Ministers must publish the advisory body's advice as soon as reasonably practicable after receiving it.

- (6) If the draft regulations laid before the National Assembly for Wales make different provision from that recommended by the advisory body, the Welsh Ministers must also lay before the National Assembly a statement setting out the reasons why.

@@ -1161,13 +1163,13 @@

##### 50

- (1) When the advisory body provides the Welsh Ministers with advice about a proposal to make regulations under section 29 changing the 2050 emissions target or regulations under section 30 setting or changing an interim emissions target, the advice must include the advisory body’s opinion as to—

- (a) whether the target proposed by the Welsh Ministers is the highest achievable target, and

- (b) if not, what is the highest achievable target.

- (2) When the advisory body provides the Welsh Ministers with advice about a proposal to make regulations under section 31 setting or changing a carbon budget for a budgetary period, the advice must include the advisory body’s opinion as to—

- (a) the appropriate level of the carbon budget for the period;

@@ -1187,7 +1189,7 @@

- (3) When advising the Welsh Ministers about a proposal to make regulations changing the 2050 emissions target, or setting or changing an interim emissions target or a carbon budget, the advisory body must have regard to the matters mentioned in section 32(3).

- (4) In subsection (2), “trading scheme” has the meaning given by section 44 of the [Climate Change Act 2008 (c. 27)](https://www.legislation.gov.uk/ukpga/2008/27).

- (4) In subsection (2), “*trading scheme*” has the meaning given by section 44 of the Climate Change Act 2008 (c. 27).

### Measurement and interpretation

@@ -1203,13 +1205,13 @@

- (c) removals of greenhouse gases from the atmosphere.

- (2) A “tonne of carbon dioxide equivalent” means one metric tonne of carbon dioxide or an amount of any other greenhouse gas with an equivalent global warming potential (calculated consistently with international carbon reporting practice).

- (2) A “*tonne of carbon dioxide equivalent*” means one metric tonne of carbon dioxide or an amount of any other greenhouse gas with an equivalent global warming potential (calculated consistently with international carbon reporting practice).

#### International carbon reporting practice

##### 52

In this Part, “international carbon reporting practice” means accepted practice in relation to reporting for the purposes of—

In this Part, “*international carbon reporting practice*” means accepted practice in relation to reporting for the purposes of—

- (a) the protocols to the United Nations Framework Convention on Climate Change, or

@@ -1221,37 +1223,37 @@

In this Part—

- “2050 emissions target” (“*targed allyriadau 2050*”) has the meaning given by section 29;

- “advisory body” (“*corff cynghori*”) is to be interpreted in accordance with section 44;

- “baseline” (“*gwaelodlin*”) has the meaning given by section 38;

- “budgetary period” (“*cyfnod cyllidebol*”) has the meaning given by section 31(3);

- “*2050 emissions target*” (“**targed allyriadau 2050**”) has the meaning given by section 29;

- “*advisory body*” (“**corff cynghori**”) is to be interpreted in accordance with section 44;

- “*baseline*” (“**gwaelodlin**”) has the meaning given by section 38;

- “*budgetary period*” (“**cyfnod cyllidebol**”) has the meaning given by section 31(3);

- “carbon budget” (“*cyllideb garbon*“) has the meaning given by section 31(1);

- “carbon unit” (“*uned garbon*”) has the meaning given by section 36(1);

- “emissions” (“*allyriadau*”), in relation to a greenhouse gas, means emissions of that gas into the atmosphere that are attributable to human activity;

- “EU law” (“*cyfreithiau’r UE*”) means— all the rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the EU Treaties, and all the remedies and procedures from time to time provided for by or under the EU Treaties;

- “greenhouse gas” (“*nwy tŷ gwydr*”) has the meaning given by section 37;

- “interim emissions target” (“*targed allyriadau interim*”) has the meaning given by section 30(1);

- “interim target year” (“*blwyddyn darged interim*”) has the meaning given by section 30(3);

- “international carbon reporting practice” (“*arferion rhyngwladol adrodd ar garbon*”) has the meaning given by section 52;

- “net Welsh emissions” (“*allyriadau net Cymru*”) has the meaning given by section 34(1);

- “net Welsh emissions account” (“*cyfrif allyriadau net Cymru*”) has the meaning given by section 33;

- “Welsh emissions” (“*allyriadau Cymru*”) has the meaning given by section 34(2);

- “Welsh removals” (“*echdyniadau Cymru*”) has the meaning given by section 34(3).

- “*carbon unit*” (“**uned garbon**”) has the meaning given by section 36(1);

- “*emissions*” (“**allyriadau**”), in relation to a greenhouse gas, means emissions of that gas into the atmosphere that are attributable to human activity;

- “*EU law*” (“**cyfreithiau'r UE**”) means—all the rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the EU Treaties, andall the remedies and procedures from time to time provided for by or under the EU Treaties;

- “*greenhouse gas*” (“**nwy tŷ gwydr**”) has the meaning given by section 37;

- “*interim emissions target*” (“**targed allyriadau interim**”) has the meaning given by section 30(1);

- “*interim target year*” (“**blwyddyn darged interim**”) has the meaning given by section 30(3);

- “*international carbon reporting practice*” (“**arferion rhyngwladol adrodd ar garbon**”) has the meaning given by section 52;

- “*net Welsh emissions*” (“**allyriadau net Cymru**”) has the meaning given by section 34(1);

- “*net Welsh emissions account*” (“**cyfrif allyriadau net Cymru**”) has the meaning given by section 33;

- “*Welsh emissions*” (“**allyriadau Cymru**”) has the meaning given by section 34(2);

- “*Welsh removals*” (“**echdyniadau Cymru**”) has the meaning given by section 34(3).

## PART 3 — CHARGES FOR CARRIER BAGS

@@ -1261,7 +1263,7 @@

##### 54

In this Part, “carrier bag” means a bag supplied for the purpose of—

In this Part, “*carrier bag*” means a bag supplied for the purpose of—

- (a) enabling goods to be taken away from the place where they are sold, or

@@ -1271,7 +1273,7 @@

##### 55

- (1) The Welsh Ministers must make regulations under this section (“carrier bag regulations”).

- (1) The Welsh Ministers must make regulations under this section (“*carrier bag regulations*”).

- (2) Carrier bag regulations may require sellers of goods to charge for the supply of carrier bags of descriptions specified in the regulations in the circumstances mentioned in subsection (3).

@@ -1283,9 +1285,9 @@

- (4) The regulations may specify a description of carrier bag by reference (for example) to—

- (a) the bag’s size, thickness, construction, composition or other characteristics,

- (b) the bag’s intended use,

- (a) the bag's size, thickness, construction, composition or other characteristics,

- (b) the bag's intended use,

- (c) the price charged by the seller of goods for supplying the bag (excluding any charge required by the regulations),

@@ -1297,13 +1299,13 @@

- (b) provide for that amount to be determined in accordance with the regulations.

- (6) In this Part, “the charge” means any charge for the supply of carrier bags made in accordance with carrier bag regulations.

- (6) In this Part, “*the charge*” means any charge for the supply of carrier bags made in accordance with carrier bag regulations.

#### Sellers of goods

##### 56

- (1) In this Part, “seller of goods” means a person who sells goods in the course of a business.

- (1) In this Part, “*seller of goods*” means a person who sells goods in the course of a business.

- (2) For the purposes of subsection (1), a person is acting in the course of a business if the person is—

@@ -1331,9 +1333,9 @@

- (c) the value of goods that a seller supplies;

- (d) a seller’s turnover or any part of the turnover;

- (e) a seller’s arrangements for applying the net proceeds of the charge (see section 57);

- (d) a seller's turnover or any part of the turnover;

- (e) a seller's arrangements for applying the net proceeds of the charge (see section 57);

- (f) any other factor that the Welsh Ministers consider appropriate, whether or not that factor is of the same kind as those listed in paragraphs (a) to (e).

@@ -1351,7 +1353,7 @@

- (a) the seller has, within a specified period occurring before provision made under subsection (1) first comes into force, applied amounts received by way of charges for carrier bags to those purposes, and

- (b) the seller has given notice of having applied amounts to those purposes as mentioned in paragraph (a) and of the seller’s wish to be able to apply some or all of the net proceeds of the charge to those purposes.

- (b) the seller has given notice of having applied amounts to those purposes as mentioned in paragraph (a) and of the seller's wish to be able to apply some or all of the net proceeds of the charge to those purposes.

- (3) The regulations may make provision—

@@ -1385,7 +1387,7 @@

- (7) Carrier bag regulations may make provision that applies to persons other than sellers of goods, if the Welsh Ministers consider that such provision is appropriate for the enforcement of provision made under this section or for otherwise making such provision effective.

- (8) In this Part, “charitable purpose” has the meaning given in the [Charities Act 2011 (c. 25)](https://www.legislation.gov.uk/ukpga/2011/25) (see section 2 of that Act); but carrier bag regulations may provide for the definition to apply for the purposes of this Part with such modifications as the Welsh Ministers consider necessary or expedient for securing an appropriate application of the net proceeds of the charge.

- (8) In this Part, “*charitable purpose*” has the meaning given in the Charities Act 2011 (c. 25) (see section 2 of that Act); but carrier bag regulations may provide for the definition to apply for the purposes of this Part with such modifications as the Welsh Ministers consider necessary or expedient for securing an appropriate application of the net proceeds of the charge.

### Administration and enforcement

@@ -1429,7 +1431,7 @@

- (a) the amount received by a seller of goods by way of charges for carrier bags (whether in accordance with the regulations or otherwise);

- (b) the seller’s gross or net proceeds of the charge;

- (b) the seller's gross or net proceeds of the charge;

- (c) the uses to which the net proceeds of the charge have been put.

@@ -1481,21 +1483,21 @@

In this Part—

- “carrier bag” (“*bag siopa*”) has the meaning given by section 54;

- “carrier bag regulations” (“*rheoliadau bagiau siopa*”) has the meaning given by section 55;

- “the charge” (“*y tâl*”) has the meaning given by section 55;

- “charitable purpose” (“*diben elusennol*”) is to be interpreted in accordance with section 57(8);

- “gross proceeds of the charge” (“*enillion gros o’r tâl*”) means the amount received by a seller of goods by way of the charge;

- “net proceeds of the charge” (“*enillion net o’r tâl*”) means a seller’s gross proceeds of the charge reduced by such amounts as may be specified;

- “seller of goods” (“*gwerthwr nwyddau*”) is to be interpreted in accordance with section 56;

- “specified” (“*penodedig*”) means specified in carrier bag regulations.

- “*carrier bag*” (“**bag siopa**”) has the meaning given by section 54;

- “*carrier bag regulations*” (“**rheoliadau bagiau siopa**”) has the meaning given by section 55;

- “*the charge*” (“**y tâl**”) has the meaning given by section 55;

- “*charitable purpose*” (“**diben elusennol**”) is to be interpreted in accordance with section 57(8);

- “*gross proceeds of the charge*” (“**enillion gros o'r tâl**”) means the amount received by a seller of goods by way of the charge;

- “*net proceeds of the charge*” (“**enillion net o'r tâl**”) means a seller's gross proceeds of the charge reduced by such amounts as may be specified;

- “*seller of goods*” (“**gwerthwr nwyddau**”) is to be interpreted in accordance with section 56;

- “*specified*” (“**penodedig**”) means specified in carrier bag regulations.

#### Minor and consequential amendments and repeals

@@ -1511,7 +1513,7 @@

##### 65

In the [Environmental Protection Act 1990 (c. 43)](https://www.legislation.gov.uk/ukpga/1990/43), after section 45A insert—

In the Environmental Protection Act 1990 (c. 43), after section 45A insert—

> (45AA)

> (1) Where a waste collection authority in Wales arranges for the collection of controlled waste in its area under section 45, it must arrange for the waste to be collected in accordance with any applicable separation requirements.

@@ -1558,27 +1560,29 @@

> (3) A person commits an offence if, without reasonable excuse, the person contravenes subsection (1).

> (4) A person who commits an offence under subsection (3) is liable on summary conviction, or on conviction on indictment, to a fine.

> (5) In subsection (1)—

> - “food waste” means controlled waste that— has at any time been food (which for this purpose does not include drink) intended for human consumption, or is biodegradable waste arising from the processing or preparation of food or drink, but does not include waste that is mixed with water or any other liquid as a result of the water or liquid having been used to clean any place or equipment used in processing or preparing food or drink;

> - “drain”, “public sewer” and “sewer” have the meanings given in section 219(1) of the Water Industry Act 1991.

> - “*food waste*” means controlled waste that—

> 1. has at any time been food (which for this purpose does not include drink) intended for human consumption, or

> 2. is biodegradable waste arising from the processing or preparation of food or drink,

> - “*drain*”, “*public sewer*” and “*sewer*” have the meanings given in section 219(1) of the Water Industry Act 1991.

> (6) The Welsh Ministers may by regulations—

> (a) provide for subsection (1) to apply only in circumstances specified in the regulations;

> (b) make provision (which may include provision amending this section) for subsection (1) to apply subject to exceptions in addition to those in subsection (2);

> (c) amend the definition of “food waste” in subsection (5).

> (7) Regulations under subsection (6)(a) or (b) may make different provision for different purposes, different cases (including different persons, premises or types of food waste) and different areas.

- (2) In section 118 of the [Water Industry Act 1991 (c. 56)](https://www.legislation.gov.uk/ukpga/1991/56)—

- (a) in subsection (1), after “trade premises” insert “in England”;

- (2) In section 118 of the Water Industry Act 1991 (c. 56)—

- (a) in subsection (1), after “trade premises” insert “ in England ”;

- (b) after subsection (1) insert—

> (1A) Subject to the following provisions of this Chapter and section 34D of the Environmental Protection Act 1990, the occupier of any trade premises in Wales in the area of a sewage undertaker may discharge any trade effluent proceeding from those premises into the undertaker’s public sewers if the occupier does so with the undertaker’s consent.

> (1A) Subject to the following provisions of this Chapter and section 34D of the Environmental Protection Act 1990, the occupier of any trade premises in Wales in the area of a sewage undertaker may discharge any trade effluent proceeding from those premises into the undertaker's public sewers if the occupier does so with the undertaker's consent.

#### Power to prohibit or regulate disposal of waste by incineration

##### 67

In the [Waste (Wales) Measure 2010 (nawm 8)](https://www.legislation.gov.uk/mwa/2010/8), after section 9 insert—

In the Waste (Wales) Measure 2010 (nawm 8), after section 9 insert—

> (9A)

> (1) The Welsh Ministers may by regulations make provision for and in connection with prohibiting or otherwise regulating the incineration in Wales of specified kinds of waste.

@@ -1588,9 +1592,11 @@

> (c) provide for penalties in relation to such offences;

> (d) provide for enforcement authorities and the functions of such authorities.

> (3) In this section—

> - “incineration” (“*llosgi*”), in relation to waste, means— incineration of the waste in a waste incineration plant or waste co-incineration plant, and any other thermal treatment of the waste prior to its incineration;

> - “waste incineration plant” (“*peiriant llosgi gwastraff*”) has the meaning given in Article 3(40) of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (Recast);

> - “waste co-incineration plant” (“*peiriant cydlosgi gwastraff*”) has the meaning given in Article 3(41) of that Directive.

> - “*incineration*” (“**llosgi**”), in relation to waste, means—

> 1. incineration of the waste in a waste incineration plant or waste co-incineration plant, and

> 2. any other thermal treatment of the waste prior to its incineration;

> - “*waste incineration plant*” (“**peiriant llosgi gwastraff**”) has the meaning given in Article 3(40) of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (Recast);

> - “*waste co-incineration plant*” (“**peiriant cydlosgi gwastraff**”) has the meaning given in Article 3(41) of that Directive.

### Enforcement

@@ -1598,23 +1604,23 @@

##### 68

- (1) For the purposes of Part 3 of the [Regulatory Enforcement and Sanctions Act 2008 (c. 13)](https://www.legislation.gov.uk/ukpga/2008/13) (“RESA 2008”), the offences under sections 34D and 45AA of the Environmental Protection Act 1990 (as inserted by sections 65 and 66) are to be treated as having been contained in that Act immediately before the day on which RESA 2008 was passed.

- (1) For the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (c. 13) (“RESA 2008”), the offences under sections 34D and 45AA of the Environmental Protection Act 1990 (as inserted by sections 65 and 66) are to be treated as having been contained in that Act immediately before the day on which RESA 2008 was passed.

- (2) Section 10 of the Waste (Wales) Measure 2010 is amended as follows.

- (3) In the title, for “the deposit of waste in a landfill” substitute “offences created by regulations under sections 9 and 9A”.

- (4) In subsection (1), after “9(1)” insert “or 9A(1)”.

- (5) In subsection (2), for “Regulations under section 9(1) may” substitute “The power may be exercised to”.

- (3) In the title, for “the deposit of waste in a landfill” substitute “ offences created by regulations under sections 9 and 9A ”.

- (4) In subsection (1), after “9(1)” insert “ or 9A(1) ”.

- (5) In subsection (2), for “Regulations under section 9(1) may” substitute “ The power may be exercised to ”.

- (6) For subsection (3) substitute—

> (3) But sections 39(4) and 42(6) of RESA 2008 do not apply to the provision that may be made by regulations under section 9(1) or 9A(1) by virtue of subsection (2).

- (7) In subsection (4), for “to provision made under or by virtue of regulations under subsection (2) as they apply to provision” substitute “where regulations under section 9(1) or 9A(1) make provision by virtue of subsection (2) as they apply where provision is”.

- (8) In subsection (6), after “9(1)” insert “or 9A(1) (as appropriate)”.

- (7) In subsection (4), for “to provision made under or by virtue of regulations under subsection (2) as they apply to provision” substitute “ where regulations under section 9(1) or 9A(1) make provision by virtue of subsection (2) as they apply where provision is ”.

- (8) In subsection (6), after “9(1)” insert “ or 9A(1) (as appropriate) ”.

### General

@@ -1624,16 +1630,16 @@

- (1) Section 161 of the Environmental Protection Act 1990 (regulations, orders and directions) is amended in accordance with subsections (2) to (4).

- (2) In subsection (1), for “National Assembly for Wales” substitute “the Welsh Ministers”.

- (3) In subsection (2A), for “made solely by the National Assembly for Wales” substitute “containing regulations made solely by the Welsh Ministers”.

- (2) In subsection (1), for “National Assembly for Wales” substitute “ the Welsh Ministers ”.

- (3) In subsection (2A), for “made solely by the National Assembly for Wales” substitute “ containing regulations made solely by the Welsh Ministers ”.

- (4) After subsection (2A) insert—

> (2AA) A statutory instrument containing regulations under section 34D or 45AA(10) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

> (2AB) Any other statutory instrument containing regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

- (5) In section 20(3) of the Waste (Wales) Measure 2010 (orders and regulations requiring approval of National Assembly for Wales), after “9,” insert “9A”.

- (5) In section 20(3) of the Waste (Wales) Measure 2010 (orders and regulations requiring approval of National Assembly for Wales), after “9,” insert “ 9A ”.

#### Minor and consequential amendments and repeals

@@ -1649,9 +1655,9 @@

##### 71

- (1) In section 1 of the [Sea Fisheries (Shellfish) Act 1967 (c. 83)](https://www.legislation.gov.uk/ukpga/1967/83) (power to make orders as to fisheries for shellfish), after subsection (2) insert—

> (2A) In relation to applications to the Welsh Ministers, subsection (2) has effect as if for “prescribed by regulations made by the appropriate Minister” there were substituted “specified by the Welsh Ministers”.

- (1) In section 1 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (power to make orders as to fisheries for shellfish), after subsection (2) insert—

> (2B) The Welsh Ministers may require a person who applies to them for an order under this section to provide them with such further information as they think necessary to enable them to determine the application.

- (2) The amendment made by subsection (1) does not apply in relation to applications that have been made to the Welsh Ministers before this section comes into force.

@@ -1670,12 +1676,12 @@

> (1) An order made by the Welsh Ministers under section 1 of this Act must contain—

> (a) such provision (if any) as the Welsh Ministers consider appropriate for the purpose of preventing harm to any European marine site identified in the order, and

> (b) such other provision (if any) as they consider appropriate for the purpose of protecting the marine environment.

> (2) For the purposes of this section, “the marine environment” includes—

> (2) For the purposes of this section, “*the marine environment*” includes—

> (a) the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features);

> (b) features of archaeological or historic interest in such areas;

> (c) flora and fauna which are dependent on, or associated with, a marine or coastal environment.

- (3) In section 3, in subsection (2), for “section 4” substitute “sections 4 and 5A”.

- (3) In section 3, in subsection (2), for “section 4” substitute “ sections 4 and 5A ”.

#### Power to serve notices for protection of European marine sites

@@ -1739,7 +1745,7 @@

> (a) an appeal under that section (or a further appeal) has been brought and has not been determined or withdrawn, or

> (b) an appeal under that section (or a further appeal) has not been brought but the period for bringing such an appeal is still running.

- (3) In section 1 (power to make orders as to fisheries for shellfish), in subsection (8), after “subsection (10) below” insert “or by virtue of section 5E of this Act”.

- (3) In section 1 (power to make orders as to fisheries for shellfish), in subsection (8), after “subsection (10) below” insert “ or by virtue of section 5E of this Act ”.

#### Supplementary provision

@@ -1749,12 +1755,15 @@

> (5F)

> (1) In sections 5A to 5E of this Act—

> - “European marine site” has the same meaning as in the [Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490)](https://www.legislation.gov.uk/uksi/2010/490) (see regulation 8);

> - “the grantees”, in relation to a right of several fishery, means the persons for the time being entitled to that right;

> - “harm”, in relation to a European marine site, means— an adverse effect on the integrity of the site, the deterioration of a relevant natural habitat or of the habitat of a relevant species, or the disturbance of a relevant species, in so far as the disturbance could be significant in relation to the objectives of the Habitats Directive.

> - “*European marine site*” has the same meaning as in the Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490) (see regulation 8);

> - “*the grantees*”, in relation to a right of several fishery, means the persons for the time being entitled to that right;

> - “*harm*”, in relation to a European marine site, means—

> 1. an adverse effect on the integrity of the site,

> 2. the deterioration of a relevant natural habitat or of the habitat of a relevant species, or

> 3. the disturbance of a relevant species, in so far as the disturbance could be significant in relation to the objectives of the Habitats Directive.

> (2) For the purposes of the definition of “harm” in subsection (1)—

> - a “relevant” natural habitat or species is one for which the site in question has been designated or classified as a European marine site;

> - “the Habitats Directive” means Council Directive [92/43/EEC](https://www.legislation.gov.uk/european/directive/1992/0043) on the conservation of natural habitats and of wild fauna and flora.

> - “*the Habitats Directive*” means Council Directive [92/43/EEC](https://www.legislation.gov.uk/european/directive/1992/0043) on the conservation of natural habitats and of wild fauna and flora.

> (3) Sections 5A to 5E of this Act do not apply in relation to an order made under section 1 of this Act before the coming into force of Part 5 of the Environment (Wales) Act 2016.

## PART 6 — MARINE LICENSING

@@ -1763,7 +1772,7 @@

##### 76

In the [Marine and Coastal Access Act 2009 (c. 23)](https://www.legislation.gov.uk/ukpga/2009/23), after section 67 insert—

In the Marine and Coastal Access Act 2009 (c. 23), after section 67 insert—

> (67A)

> (1) This section applies where the Welsh Ministers are the appropriate licensing authority.

@@ -1784,7 +1793,7 @@

> (a) monitoring an activity authorised by the licence,

> (b) assessing and interpreting the results of any monitoring of an activity authorised by the licence, or

> (c) dealing with an application by the licensee for a variation, suspension, revocation or transfer of the licence under section 72.

> (3) In subsection (2) “monitoring”, in relation to a licence, means monitoring carried out for the purposes of enabling the licensing authority to determine—

> (3) In subsection (2) “*monitoring*”, in relation to a licence, means monitoring carried out for the purposes of enabling the licensing authority to determine—

> (a) the environmental, economic or social consequences of any activity authorised by the licence, or

> (b) whether the licensee is complying with any conditions attached to that licence.

> (4) The fees that may be charged under subsection (2) are to be determined by or in accordance with regulations made by the licensing authority.

@@ -1856,7 +1865,7 @@

##### 81

- (1) In the [Flood and Water Management Act 2010 (c. 29)](https://www.legislation.gov.uk/ukpga/2010/29), before section 27 (and the italic cross-heading before it) insert—

- (1) In the Flood and Water Management Act 2010 (c. 29), before section 27 (and the italic cross-heading before it) insert—

> (26B)

> (1) There is established a committee to be known as the Flood and Coastal Erosion Committee or Pwyllgor Llifogydd ac Erydu Arfordirol.

@@ -1892,7 +1901,7 @@

##### 82

- (1) In the [Land Drainage Act 1991 (c. 59)](https://www.legislation.gov.uk/ukpga/1991/59), omit—

- (1) In the Land Drainage Act 1991 (c. 59), omit—

- section 2(2A);

@@ -1908,17 +1917,17 @@

- paragraph 1(1A) of Schedule 5.

- (2) In Schedule 9 to the [Water Act 2014 (c. 21)](https://www.legislation.gov.uk/ukpga/2014/21), omit paragraphs 2(3), 3(3), 4(3), 5(3), 6(3), 7(3) and 8(3).

- (2) In Schedule 9 to the Water Act 2014 (c. 21), omit paragraphs 2(3), 3(3), 4(3), 5(3), 6(3), 7(3) and 8(3).

#### Valuation of non-agricultural land for apportionment of drainage expenses

##### 83

- (1) The [Land Drainage Act 1991 (c. 59)](https://www.legislation.gov.uk/ukpga/1991/59) is amended as follows.

- (1) The Land Drainage Act 1991 (c. 59) is amended as follows.

- (2) In section 37 (apportionment of expenses of internal drainage boards)—

- (a) in subsection (5), after “this section” insert “as it applies in relation to England,”;

- (a) in subsection (5), after “this section” insert “ as it applies in relation to England, ”;

- (b) after subsection (5) insert—

@@ -1933,13 +1942,13 @@

> (b) make such incidental, supplementary, consequential, transitional or saving provision as the Welsh Ministers consider appropriate.

> (5D) Regulations may not be made under subsection (5A) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, the National Assembly for Wales.

- (3) In section 65(2) (regulations), after “Subject to” insert “section 37(5D) and”.

- (3) In section 65(2) (regulations), after “Subject to” insert “ section 37(5D) and ”.

#### Power to make provision for appeals against special levies

##### 84

- (1) The [Local Government Finance Act 1988 (c. 41)](https://www.legislation.gov.uk/ukpga/1988/41) is amended as follows.

- (1) The Local Government Finance Act 1988 (c. 41) is amended as follows.

- (2) In section 75 (special levies), after subsection (7) insert—

@@ -1947,7 +1956,7 @@

- (3) In section 138 (judicial review)—

- (a) in subsection (2)(f), after “above” insert “(subject to subsection (4))”;

- (a) in subsection (2)(f), after “above” insert “ (subject to subsection (4)) ”;

- (b) after subsection (3) insert—

@@ -1957,17 +1966,17 @@

- (4) In section 143 (orders and regulations)—

- (a) in subsection (3), after “Parliament” insert “or, in the case of an order or regulations made by the Welsh Ministers, of the National Assembly for Wales”;

- (a) in subsection (3), after “Parliament” insert “ or, in the case of an order or regulations made by the Welsh Ministers, of the National Assembly for Wales ”;

- (b) omit subsection (4A).

- (5) In Schedule 7 to the [Local Government Act 2003 (c. 26)](https://www.legislation.gov.uk/ukpga/2003/26), omit paragraph 24(4).

- (5) In Schedule 7 to the Local Government Act 2003 (c. 26), omit paragraph 24(4).

#### Power of entry: compliance with order for cleansing ditches etc.

##### 85

- (1) In section 29 of the [Land Drainage Act 1991 (c. 59)](https://www.legislation.gov.uk/ukpga/1991/59) (effect of orders requiring cleansing of ditches etc.), after subsection (1) insert—

- (1) In section 29 of the Land Drainage Act 1991 (c. 59) (effect of orders requiring cleansing of ditches etc.), after subsection (1) insert—

> (1A) Where, in the case of an order made under section 28 by the Agricultural Land Tribunal in relation to land in Wales, the Welsh Ministers, at any time after the end of three months or such longer period as may be specified in the order, have reasonable grounds for believing that any work specified in the order has not been carried out⁠—

> (a) the Welsh Ministers, or

@@ -1992,9 +2001,9 @@

In this Act—

- “enactment”(“*deddfiad*”) means a provision contained in any of the following (whenever enacted or made)— an Act of Parliament; a Measure or an Act of the National Assembly for Wales; subordinate legislation within the meaning of the [Interpretation Act 1978 (c. 30)](https://www.legislation.gov.uk/ukpga/1978/30) (including subordinate legislation made under an Act of Parliament or a Measure or Act of the National Assembly for Wales);

- “Wales” (“*Cymru*”) has the meaning given by section 158 of the [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32).

- “enactment”(“*deddfiad*”) means a provision contained in any of the following (whenever enacted or made)—an Act of Parliament;a Measure or an Act of the National Assembly for Wales;subordinate legislation within the meaning of the Interpretation Act 1978 (c. 30) (including subordinate legislation made under an Act of Parliament or a Measure or Act of the National Assembly for Wales);

- “*Wales*” (“**Cymru**”) has the meaning given by section 158 of the Government of Wales Act 2006 (c. 32).

#### Coming into force

@@ -2056,7 +2065,7 @@

- (b) obstructs or fails to assist an administrator.

- (3) In this Schedule, “civil sanction” means—

- (3) In this Schedule, “*civil sanction*” means—

- (a) a fixed monetary penalty, or

@@ -2082,7 +2091,7 @@

- (a) where an administrator proposes to impose a fixed monetary penalty on a person, the administrator must serve on that person a notice of what is proposed (a “notice of intent”) that complies with sub-paragraph (2),

- (b) the notice of intent also offers the person the opportunity to discharge the person’s liability for the fixed monetary penalty by payment of a specified sum (which must be less than or equal to the amount of the penalty),

- (b) the notice of intent also offers the person the opportunity to discharge the person's liability for the fixed monetary penalty by payment of a specified sum (which must be less than or equal to the amount of the penalty),

- (c) if the person does not so discharge liability—

@@ -2140,7 +2149,7 @@

- (2) The regulations may only confer such a power in relation to a case where the administrator is satisfied on the balance of probabilities that the breach has occurred.

- (3) For the purposes of this Schedule, a “discretionary requirement” means—

- (3) For the purposes of this Schedule, a “*discretionary requirement*” means—

- (a) a requirement to pay a monetary penalty to an administrator of such amount as the administrator may determine, or

@@ -2148,9 +2157,9 @@

- (4) In this Schedule—

- “variable monetary penalty” (“*cosb ariannol amrywiadwy*”) means a requirement referred to in sub-paragraph (3)(a), and

- “non-monetary discretionary requirement” (“*gofyniad yn ôl disgresiwn nad yw’n un ariannol*”) means a requirement referred to in sub-paragraph (3)(b).

- “*variable monetary penalty*” (“**cosb ariannol amrywiadwy**”) means a requirement referred to in sub-paragraph (3)(a), and

- “*non-monetary discretionary requirement*” (“**gofyniad yn ôl disgresiwn nad yw'n un ariannol**”) means a requirement referred to in sub-paragraph (3)(b).

- (5) Carrier bag regulations must, in relation to each kind of breach of the regulations for which a variable monetary penalty may be imposed—

@@ -2324,7 +2333,7 @@

- (b) another tribunal created under an enactment.

- (2) In sub-paragraph (1)(b), “tribunal” does not include an ordinary court of law.

- (2) In sub-paragraph (1)(b), “*tribunal*” does not include an ordinary court of law.

- (3) If the regulations make provision for an appeal in relation to the imposition of any requirement or the service of any notice, they may include—

@@ -2392,7 +2401,7 @@

- (1) Where carrier bag regulations confer power on an administrator to impose a civil sanction in relation to a breach of the regulations, they must secure that—

- (a) the administrator must publish guidance about the administrator’s use of the civil sanction,

- (a) the administrator must publish guidance about the administrator's use of the civil sanction,

- (b) the guidance must contain the relevant information,

@@ -2400,7 +2409,7 @@

- (d) the administrator must consult such persons as the regulations may specify before publishing any guidance or revised guidance, and

- (e) the administrator must have regard to the guidance or revised guidance in exercising the administrator’s functions.

- (e) the administrator must have regard to the guidance or revised guidance in exercising the administrator's functions.

- (2) In the case of guidance relating to a fixed monetary penalty, the relevant information referred to in sub-paragraph (1)(b) is information as to—

@@ -2518,25 +2527,25 @@

In this Schedule, the following expressions are defined or otherwise explained in the provisions indicated—

- “breach” (“*torri” a “toriad*”) (in relation to carrier bag regulations): paragraph 1(2);

- “civil sanction” (“*sancsiwn sifil*”): paragraph 1(3);

- “discretionary requirement” (“*gofyniad yn ôl disgresiwn*”): paragraph 4(3);

- “fixed monetary penalty” (“*cosb ariannol benodedig*”): paragraph 2(3);

- “non-compliance penalty” (“*cosb am beidio â chydymffurfio*”): paragraph 6(1);

- “non-monetary discretionary requirement” (“*gofyniad yn ôl disgresiwn nad yw’n un ariannol*”): paragraph 4(4) and (3)(b);

- “notice of intent” (“*hysbysiad o fwriad*”) (in relation to a proposed discretionary requirement): paragraph 5(1)(a);

- “notice of intent” (“*hysbysiad o fwriad*”) (in relation to a proposed fixed monetary penalty): paragraph 3(1)(a);

- “publicity notice” (“*hysbysiad cyhoeddusrwydd*”): paragraph 11(2);

- “variable monetary penalty” (“*cosb ariannol amrywiadwy*”): paragraph 4(4) and (3)(a).

- “*breach*” (“**torri” a “toriad**”) (in relation to carrier bag regulations): paragraph 1(2);

- “*civil sanction*” (“**sancsiwn sifil**”): paragraph 1(3);

- “*discretionary requirement*” (“**gofyniad yn ôl disgresiwn**”): paragraph 4(3);

- “*fixed monetary penalty*” (“**cosb ariannol benodedig**”): paragraph 2(3);

- “*non-compliance penalty*” (“**cosb am beidio â chydymffurfio**”): paragraph 6(1);

- “*non-monetary discretionary requirement*” (“**gofyniad yn ôl disgresiwn nad yw'n un ariannol**”): paragraph 4(4) and (3)(b);

- “*notice of intent*” (“**hysbysiad o fwriad**”) (in relation to a proposed discretionary requirement): paragraph 5(1)(a);

- “*notice of intent*” (“**hysbysiad o fwriad**”) (in relation to a proposed fixed monetary penalty): paragraph 3(1)(a);

- “*publicity notice*” (“**hysbysiad cyhoeddusrwydd**”): paragraph 11(2);

- “*variable monetary penalty*” (“**cosb ariannol amrywiadwy**”): paragraph 4(4) and (3)(a).

## SCHEDULE 2

@@ -2552,37 +2561,37 @@

- (a) in paragraph (a)—

- (i) after “Act” insert “or section 16 of the 2016 Act”;

- (i) after “Act” insert “ or section 16 of the 2016 Act ”;

- (ii) omit the “and” at the end;

- (b) after paragraph (b) insert—

> (c) “the 2016 Act” means the Environment (Wales) Act 2016.

> (c) “*the 2016 Act*” means the Environment (Wales) Act 2016.

- (3) In section 16—

- (a) in subsection (1)—

- (i) for “The Natural Resources Body for Wales” the first time it appears substitute “A Welsh local authority”;

- (ii) for “Natural Resources Body for Wales” the second time it appears substitute “Welsh local authority”;

- (i) for “The Natural Resources Body for Wales” the first time it appears substitute “ A Welsh local authority ”;

- (ii) for “Natural Resources Body for Wales” the second time it appears substitute “ Welsh local authority ”;

- (b) after subsection (1) insert—

> (1A) The power of a Welsh local authority in subsection (1)—

> (a) is also exercisable where it appears to the authority that it is expedient in the interests of the locality that land should be managed as a nature reserve;

> (b) is exercisable only in relation to land in the authority’s area that is not held by, or managed in accordance with an agreement entered into with, the Natural Resources Body for Wales.

> (b) is exercisable only in relation to land in the authority's area that is not held by, or managed in accordance with an agreement entered into with, the Natural Resources Body for Wales.

;

- (c) in subsection (3), in paragraphs (b) and (c), for “the Natural Resources Body for Wales” substitute “a Welsh local authority”;

- (d) in subsection (4), for “the Natural Resources Body for Wales” substitute “a Welsh local authority”;

- (c) in subsection (3), in paragraphs (b) and (c), for “the Natural Resources Body for Wales” substitute “ a Welsh local authority ”;

- (d) in subsection (4), for “the Natural Resources Body for Wales” substitute “ a Welsh local authority ”;

- (e) after subsection (5) insert—

> (6) In this section a “Welsh local authority” means—

> (6) In this section a “*Welsh local authority*” means—

> (a) the council of a county or county borough in Wales, and

> (b) a National Park authority for a National Park in Wales.

@@ -2590,7 +2599,7 @@

- (a) omit “, the Natural Resources Body for Wales”;

- (b) for “references in subsection (1) of sections sixteen and seventeen respectively of this Act to the national interest were references” substitute “reference in subsection (1) of section 17 of this Act to the national interest were a reference”.

- (b) for “references in subsection (1) of sections sixteen and seventeen respectively of this Act to the national interest were references” substitute “ reference in subsection (1) of section 17 of this Act to the national interest were a reference ”.

#### Countryside Act 1968 (c. 41)

@@ -2602,13 +2611,13 @@

- (3) Omit section 15.

- (4) In section 15A(6)(b), for “such agreement as is referred to in section 15(2)” substitute “an agreement under section 16 of the Environment (Wales) Act 2016 imposing, for the purpose of conserving flora, fauna, or geographical or physiographical features of special interest, restrictions on the exercise of rights over land by persons having an interest in the land”.

- (4) In section 15A(6)(b), for “such agreement as is referred to in section 15(2)” substitute “ an agreement under section 16 of the Environment (Wales) Act 2016 imposing, for the purpose of conserving flora, fauna, or geographical or physiographical features of special interest, restrictions on the exercise of rights over land by persons having an interest in the land ”.

- (5) In section 41(2)(b)—

- (a) in sub-paragraph (i), for “section 4” substitute “an experimental scheme under article 10C of the [Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903)](https://www.legislation.gov.uk/uksi/2012/1903), where the scheme is designed to facilitate the enjoyment of the countryside, or to conserve or enhance its natural beauty or amenity”;

- (b) in sub-paragraph (ii), for “section 4(5)(b)” substitute “section 16 of the Environment (Wales) Act 2016 that is designed to facilitate the enjoyment of the countryside, or to conserve or enhance its natural beauty or amenity”.

- (a) in sub-paragraph (i), for “section 4” substitute “ an experimental scheme under article 10C of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903), where the scheme is designed to facilitate the enjoyment of the countryside, or to conserve or enhance its natural beauty or amenity ”;

- (b) in sub-paragraph (ii), for “section 4(5)(b)” substitute “ section 16 of the Environment (Wales) Act 2016 that is designed to facilitate the enjoyment of the countryside, or to conserve or enhance its natural beauty or amenity ”.

- (6) In section 45(1), omit “the NRBW or”.

@@ -2620,7 +2629,7 @@

- (1) The Wildlife and Countryside Act 1981 is amended as follows.

- (2) In section 28E(3)(b) for “, section 15 of the 1968 Act or section 7 of the Natural Environment and Rural Communities Act 2006” substitute “, section 7 of the Natural Environment and Rural Communities Act 2006 or section 16 of the Environment (Wales) Act 2016”.

- (2) In section 28E(3)(b) for “, section 15 of the 1968 Act or section 7 of the Natural Environment and Rural Communities Act 2006” substitute “ , section 7 of the Natural Environment and Rural Communities Act 2006 or section 16 of the Environment (Wales) Act 2016 ”.

- (3) In section 28J, omit subsection (13).

@@ -2634,9 +2643,9 @@

- (7) In section 41(5)—

- (a) in the definition of “management agreement”, in paragraph (b), after “39” insert “or under section 16 of the Environment (Wales) Act 2016”;

- (b) in the definition of “the relevant authority”, after “Natural England” insert “and in relation to Wales it also includes the Natural Resources Body for Wales”.

- (a) in the definition of “management agreement”, in paragraph (b), after “39” insert “ or under section 16 of the Environment (Wales) Act 2016 ”;

- (b) in the definition of “the relevant authority”, after “Natural England” insert “ and in relation to Wales it also includes the Natural Resources Body for Wales ”.

- (8) In section 50(1)(a), omit “or an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act”.

@@ -2652,7 +2661,7 @@

In section 22(1)(a) of the Road Traffic Regulation Act 1984—

- (a) in sub-paragraph (iv), for “or the Natural Resources Body for Wales are conducting a scheme under section 4 of the 1968 Act” substitute “, or in which the Natural Resources Body for Wales is conducting a scheme under article 10C of the [Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903)](https://www.legislation.gov.uk/uksi/2012/1903) that is designed to facilitate the enjoyment of the countryside or to conserve or enhance its natural beauty or amenity”;

- (a) in sub-paragraph (iv), for “or the Natural Resources Body for Wales are conducting a scheme under section 4 of the 1968 Act” substitute “ , or in which the Natural Resources Body for Wales is conducting a scheme under article 10C of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) that is designed to facilitate the enjoyment of the countryside or to conserve or enhance its natural beauty or amenity ”;

- (b) in sub-paragraph (v), omit “or an agreement under section 15 of the 1968 Act”.

@@ -2660,7 +2669,7 @@

##### 5

In section 156(8) of the Water Industry Act 1991, in the definition of “management agreement”, in paragraph (b), after “1981” insert “or section 16 of the Environment (Wales) Act 2016”.

In section 156(8) of the Water Industry Act 1991, in the definition of “management agreement”, in paragraph (b), after “1981” insert “ or section 16 of the Environment (Wales) Act 2016 ”.

#### Environment Act 1995 (c. 25)

@@ -2704,7 +2713,7 @@

- (4) In this paragraph, “the 2015 Act” means the [Planning (Wales) Act 2015 (anaw 4)](https://www.legislation.gov.uk/anaw/2015/4).

- (4) In this paragraph, “*the 2015 Act*” means the Planning (Wales) Act 2015 (anaw 4).

#### Natural Environment and Rural Communities Act 2006 (c. 16)

@@ -2717,22 +2726,22 @@

- (a) before subsection (1) insert—

> (A1) This section applies where—

> (a) Her Majesty’s Revenue and Customs are exercising their functions;

> (a) Her Majesty's Revenue and Customs are exercising their functions;

> (b) any other public authority is exercising its functions in relation to England.

- (b) in subsection (1), for “Every” substitute “The”;

- (c) in subsection (2) for “, government department or the National Assembly for Wales” substitute “or government department”;

- (b) in subsection (1), for “Every” substitute “ The ”;

- (c) in subsection (2) for “, government department or the National Assembly for Wales” substitute “ or government department ”;

- (d) in subsection (4)—

- (i) omit paragraph (b);

- (ii) in paragraph (c), for “, a local planning authority and a strategic planning panel” substitute “and a local planning authority”;

- (ii) in paragraph (c), for “, a local planning authority and a strategic planning panel” substitute “ and a local planning authority ”;

- (e) in subsection (5), in the definition of “local authority”—

- (i) in paragraph (a), for “in relation to England, a county council” substitute “a county council in England”;

- (i) in paragraph (a), for “in relation to England, a county council” substitute “ a county council in England ”;

- (ii) omit paragraph (b);

@@ -2784,11 +2793,11 @@

- (1) The Well-being of Future Generations (Wales) Act 2015 is amended as follows.

- (2) In section 11(3), for the words after “means” substitute “the goals set out in “Transforming our world: the 2030 Agenda for Sustainable Development”, adopted by the General Assembly of the United Nations by resolution A/Res/70/1 of 25 September 2015”.

- (2) In section 11(3), for the words after “means” substitute “ the goals set out in “Transforming our world: the 2030 Agenda for Sustainable Development”, adopted by the General Assembly of the United Nations by resolution A/Res/70/1 of 25 September 2015 ”.

- (3) In section 38(3), after paragraph (g) insert—

> (ga) each area statement under section 11 of the Environment (Wales) Act 2016 (if any) which relates to any part of the local authority’s area;

> (ga) each area statement under section 11 of the Environment (Wales) Act 2016 (if any) which relates to any part of the local authority's area;

@@ -2830,7 +2839,7 @@

- (g) omit paragraph 27(5);

- (h) in the italic cross-heading before paragraph 28, for “two or more” substitute “both”;

- (h) in the italic cross-heading before paragraph 28, for “two or more” substitute “ both ”;

- (i) in paragraph 28(1)—

@@ -2856,7 +2865,7 @@

- (1) The Environmental Protection Act 1990 is amended as follows.

- (2) In the heading of section 45A, for “Arrangements” substitute “England: arrangements”.

- (2) In the heading of section 45A, for “Arrangements” substitute “ England: arrangements ”.

- (3) Omit section 45B.

@@ -2878,13 +2887,11 @@

- (1) The Waste (Wales) Measure 2010 is amended as follows.

- (2) For the italic cross-heading before section 9 substitute—

- (2) For the italic cross-heading before section 9 substitute— “ Disposal in a landfill or by incineration ”.

- (3) In section 11—

- (a) in subsection (1), after “9” insert “or 9A”;

- (a) in subsection (1), after “9” insert “ or 9A ”;

- (b) omit subsection (2).

@@ -2928,9 +2935,9 @@

- (3) In section 134(2), for “appropriate agency” substitute “Agency”.

- (4) In section 138(3), after “relevant chargeable land” insert “(where that land is in England) or by the NRBW (where the relevant chargeable land is in Wales)”.

- (3) In section 134(2), for “appropriate agency” substitute “ Agency ”.

- (4) In section 138(3), after “relevant chargeable land” insert “ (where that land is in England) or by the NRBW (where the relevant chargeable land is in Wales) ”.

- (5) In section 145, in the definition of “flood risk management region”—

@@ -2954,7 +2961,7 @@

##### 21

In section 1(1)(a) of the Land Drainage Act 1991, after “2010)” insert “or within Wales (within the meaning of section 158 of the Government of Wales Act 2006)”.

In section 1(1)(a) of the Land Drainage Act 1991, after “2010)” insert “ or within Wales (within the meaning of section 158 of the Government of Wales Act 2006) ”.

#### Environment Act 1995 (c. 25)

@@ -2962,7 +2969,7 @@

In section 6 of the Environment Act 1995—

- (a) in subsection (5), omit “and the Natural Resources Body for Wales’ flood defence functions shall extend to the territorial sea adjacent to Wales”;

- (a) in subsection (5), omit “and the Natural Resources Body for Wales' flood defence functions shall extend to the territorial sea adjacent to Wales”;

- (b) after subsection (5) insert—

@@ -2972,15 +2979,13 @@

##### 23

In Part 6 of Schedule 1 to the Freedom of Information Act 2000, after the entry for the Firearms Consultative Committee insert—

> - Flood and Coastal Erosion Committee or Pwyllgor Llifogydd ac Erydu Arfordirol.

In Part 6 of Schedule 1 to the Freedom of Information Act 2000, after the entry for the Firearms Consultative Committee insert— “ Flood and Coastal Erosion Committee or Pwyllgor Llifogydd ac Erydu Arfordirol. ”

#### Public Services Ombudsman (Wales) Act 2005 (c. 10)

##### 24

In Schedule 3 to the Public Services Ombudsman (Wales) Act 2005, for “A Regional Flood and Coastal Committee for an area wholly or partly in Wales” substitute “The Flood and Coastal Erosion Committee”.

#### Flood and Water Management Act 2010 (c. 29)

@@ -2990,17 +2995,17 @@

- (2) In section 6, at the end insert—

> (17) “Wales” has the meaning given by section 158 of the Government of Wales Act 2006.

- (3) In section 17(4), after “section 23(3)” insert “for the Agency”.

- (4) In the italic cross-heading before section 22, after “Committees” insert “for regions in England”.

> (17) “*Wales*” has the meaning given by section 158 of the Government of Wales Act 2006.

- (3) In section 17(4), after “section 23(3)” insert “ for the Agency ”.

- (4) In the italic cross-heading before section 22, after “Committees” insert “ for regions in England ”.

- (5) In section 22—

- (a) in subsection (1)—

- (i) for “appropriate agency” substitute “Environment Agency”;

- (i) for “appropriate agency” substitute “ Environment Agency ”;

- (ii) omit “and Wales”;

@@ -3008,9 +3013,9 @@

- (b) in subsection (2)—

- (i) for “Minister” substitute “Secretary of State”;

- (ii) for “appropriate agency” substitute “Agency”;

- (i) for “Minister” substitute “ Secretary of State ”;

- (ii) for “appropriate agency” substitute “ Agency ”;

- (c) omit subsection (3).

@@ -3018,27 +3023,27 @@

- (a) in subsection (1)—

- (i) in the opening words, for “appropriate agency” substitute “Environment Agency”;

- (ii) in paragraph (a), for “appropriate agency” substitute “Agency”;

- (iii) in paragraph (b), for “appropriate agency’s” substitute “Agency’s”;

- (b) in subsections (2) to (4), for “appropriate agency” substitute “Agency”.

- (7) In section 24, for “Minister” substitute “Secretary of State”.

- (i) in the opening words, for “appropriate agency” substitute “ Environment Agency ”;

- (ii) in paragraph (a), for “appropriate agency” substitute “ Agency ”;

- (iii) in paragraph (b), for “appropriate agency's” substitute “Agency's”;

- (b) in subsections (2) to (4), for “appropriate agency” substitute “ Agency ”.

- (7) In section 24, for “Minister” substitute “ Secretary of State ”.

- (8) In section 25—

- (a) in subsection (1)—

- (i) in the opening words, for “Minister may direct the appropriate agency” substitute “Secretary of State may direct the Environment Agency”;

- (ii) in paragraph (d), for “Minister” substitute “Secretary of State”;

- (b) in subsection (2), for “appropriate agency” substitute “Agency”;

- (c) in subsection (3), for “Minister” substitute “Secretary of State”.

- (i) in the opening words, for “Minister may direct the appropriate agency” substitute “ Secretary of State may direct the Environment Agency ”;

- (ii) in paragraph (d), for “Minister” substitute “ Secretary of State ”;

- (b) in subsection (2), for “appropriate agency” substitute “ Agency ”;

- (c) in subsection (3), for “Minister” substitute “ Secretary of State ”.

- (9) Omit sections 26 and 26A.

@@ -3054,7 +3059,7 @@

- (a) in subsection (1)—

- (i) at the end of paragraph (b), insert “or”;

- (i) at the end of paragraph (b), insert “ or ”;

- (ii) omit paragraph (d) and the “or” before it;

@@ -3064,7 +3069,7 @@

- (3) In section 36(1), in the definition of “cross-border operator”—

- (a) at the end of paragraph (za), insert “or”;

- (a) at the end of paragraph (za), insert “ or ”;

- (b) omit paragraph (b) and the “or” before it.

@@ -3082,15 +3087,15 @@

- (1) The National Parks and Access to the Countryside Act 1949 is amended as follows.

- (2) In section 106(5), for “Countryside Council for Wales” substitute “Natural Resources Body for Wales”.

- (3) In section 106A, in the heading and in subsection (1), for “Countryside Council for Wales” substitute “Natural Resources Body for Wales”.

- (2) In section 106(5), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”.

- (3) In section 106A, in the heading and in subsection (1), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”.

#### Countryside Act 1968 (c. 41)

##### 29

In section 41(7A) of the Countryside Act 1968, for “Council” substitute “NRBW”.

In section 41(7A) of the Countryside Act 1968, for “Council” substitute “ NRBW ”.

#### Local Government Byelaws (Wales) Act 2012 (anaw 2)

@@ -3098,15 +3103,15 @@

- (1) The Local Government Byelaws (Wales) Act 2012 is amended as follows.

- (2) In section 3(d), for “Countryside Council for Wales” substitute “Natural Resources Body for Wales”.

- (3) In section 7(8)(b), for “Countryside Council for Wales” substitute “Natural Resources Body for Wales”.

- (2) In section 3(d), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”.

- (3) In section 7(8)(b), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”.

- (4) In section 8(8), in the opening words—

- (a) for “Countryside Council for Wales” substitute “Natural Resources Body for Wales”;

- (b) for “the Council” substitute “the Body”.

- (a) for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”;

- (b) for “the Council” substitute “ the Body ”.

- (5) In Schedule 2, omit paragraph 11.

@@ -3241,33 +3246,3 @@

### Countryside Act 1968 (c. 41)

### Local Government Byelaws (Wales) Act 2012 (anaw 2)

## Editorial notes

[^key-de3b64ceae0bd6a786951d982ca65fcf]: [S. 77](https://www.legislation.gov.uk/anaw/2016/3/section/77) in force at 24.2.2017 for specified purposes by [S.I. 2017/152](https://www.legislation.gov.uk/wsi/2017/152), [art. 2(a)](https://www.legislation.gov.uk/wsi/2017/152/article/2/a)

[^key-be7f4eac1439526d6bbc07c74da2e89a]: [S. 78](https://www.legislation.gov.uk/anaw/2016/3/section/78) in force at 24.2.2017 for specified purposes by [S.I. 2017/152](https://www.legislation.gov.uk/wsi/2017/152), [art. 2(b)](https://www.legislation.gov.uk/wsi/2017/152/article/2/b)

[^key-c441b0789bf324ea08d217580a3dfd15]: [S. 79](https://www.legislation.gov.uk/anaw/2016/3/section/79) in force at 24.2.2017 for specified purposes by [S.I. 2017/152](https://www.legislation.gov.uk/wsi/2017/152), [art. 2(c)](https://www.legislation.gov.uk/wsi/2017/152/article/2/c)

[^M_I_49e050ef-b72f-4693-b356-49b7e7ae6b17]: Sch. 2 para. 18 in force at 14.7.2017 by [S.I. 2017/714](https://www.legislation.gov.uk/uksi/2017/714), [art. 2](https://www.legislation.gov.uk/uksi/2017/714/article/2)

[^M_I_1956a6c3-2c58-4871-85ce-c828c7ac4733]: Sch. 2 para. 19 in force at 14.7.2017 by [S.I. 2017/714](https://www.legislation.gov.uk/uksi/2017/714), [art. 2](https://www.legislation.gov.uk/uksi/2017/714/article/2)

[^M_I_2252ba67-a3af-44e6-be1a-23302a556a79]: Sch. 2 para. 20 in force at 14.7.2017 by [S.I. 2017/714](https://www.legislation.gov.uk/uksi/2017/714), [art. 2](https://www.legislation.gov.uk/uksi/2017/714/article/2)

[^M_I_38697ff2-3b94-49e7-a6c5-6aafd9fcb010]: Sch. 2 para. 21 in force at 14.7.2017 by [S.I. 2017/714](https://www.legislation.gov.uk/uksi/2017/714), [art. 2](https://www.legislation.gov.uk/uksi/2017/714/article/2)

[^M_I_8676da03-e14e-4d12-89c0-b129a844cb1d]: Sch. 2 para. 22 in force at 14.7.2017 by [S.I. 2017/714](https://www.legislation.gov.uk/uksi/2017/714), [art. 2](https://www.legislation.gov.uk/uksi/2017/714/article/2)

[^M_I_a498a69c-2add-4789-9645-e9b21a3b58cc]: Sch. 2 para. 23 in force at 14.7.2017 by [S.I. 2017/714](https://www.legislation.gov.uk/uksi/2017/714), [art. 2](https://www.legislation.gov.uk/uksi/2017/714/article/2)

[^M_I_3075ec91-7284-4b6a-c582-8c06a243d9a0]: Sch. 2 para. 24 in force at 14.7.2017 by [S.I. 2017/714](https://www.legislation.gov.uk/uksi/2017/714), [art. 2](https://www.legislation.gov.uk/uksi/2017/714/article/2)

[^M_I_b42667a3-fb5a-4b9a-bc66-385c13f13945]: Sch. 2 para. 25 in force at 14.7.2017 by [S.I. 2017/714](https://www.legislation.gov.uk/uksi/2017/714), [art. 2](https://www.legislation.gov.uk/uksi/2017/714/article/2)

[^M_I_42ab8f8e-6725-44ab-8d8a-f08e43378c39]: Sch. 2 para. 26 in force at 14.7.2017 by [S.I. 2017/714](https://www.legislation.gov.uk/uksi/2017/714), [art. 2](https://www.legislation.gov.uk/uksi/2017/714/article/2)

[^M_I_468261b7-cab3-44c7-cee7-e1e824d6fa28]: Sch. 2 para. 27 in force at 14.7.2017 by [S.I. 2017/714](https://www.legislation.gov.uk/uksi/2017/714), [art. 2](https://www.legislation.gov.uk/uksi/2017/714/article/2)

#### Power of entry: compliance with order for cleansing ditches etc.

2016-03-21

Environment (Wales) Act 2016

original version Text at this date