Legalize / United Kingdom / Wales / Act of Senedd Cymru

Agriculture (Wales) Act 2023

Type Act of Senedd Cymru

Publication 2023-08-17

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — SUSTAINABLE LAND MANAGEMENT

The objectives

The sustainable land management objectives

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(1) The sustainable land management objectives are as follows.

(2) The first objective is to produce food and other goods in a sustainable manner, and in doing so—

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

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

(3) The second objective is to mitigate and adapt to climate change, and in doing so—

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

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

(4) The third objective is to maintain and enhance the resilience of ecosystems and the benefits they provide, and in doing so—

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

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

(5) The fourth objective is to conserve and enhance the countryside and cultural resources and promote public access to and engagement with them, and to sustain the Welsh language and promote and facilitate its use, and in doing so—

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

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

(6) For the purposes of the first objective, factors relevant to whether food and other goods are produced in a sustainable manner include, among other things, the resilience of agricultural businesses within the communities in which they operate and their contribution to the local economy.

(7) For the purposes of the third objective, factors relevant to the resilience of ecosystems include, among other things—

(a) diversity between and within ecosystems;

(b) the connections between and within ecosystems;

(d) the condition of ecosystems (including their structure and functioning);

(e) the adaptability of ecosystems.

(8) For the purposes of the fourth objective, “cultural resources” include, among other things, cultural heritage and the historic environment.

The duty

Welsh Ministers’ duty in relation to the objectives

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(1) The Welsh Ministers must exercise each function referred to in this section in the way they consider best contributes to achieving the sustainable land management objectives, so far as consistent with the proper exercise of the function (but see section 3).

(2) The functions referred to are—

(a) functions under this Act;

(b) functions under any other enactment that require or allow the Welsh Ministers to provide support for—

(i) agriculture (see section 51), or other activities carried out on land used for agriculture, or

(ii) ancillary activities (see section 52);

(i) agriculture, or other activities carried out on land used for agriculture, or

(ii) ancillary activities.

(3) Subsection (1) applies to the functions referred to in subsections (2)(b) and (2)(c) only to the extent that those functions are exercised to provide support for or to regulate—

(a) agriculture, or other activities carried out on land used for agriculture, or

(b) ancillary activities.

Exceptions from the duty in section 2

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The duty in section 2 does not apply to the following functions—

(a) the function under section 16 (power to modify legislation governing the basic payment scheme);

(b) the function under section 17 (power to modify legislation relating to the common agricultural policy), so far as the function is being exercised in a way that has an effect on the basic payment scheme;

(c) the function under section 49 (power to make consequential, transitional etc. provision), so far as it is being exercised for the purposes of, in consequence of, or for giving full effect to, any provision made under section 16 (power to modify legislation governing the basic payment scheme);

(d) the function under section 49 (power to make consequential, transitional etc. provision), so far as—

(i) it is being exercised for the purposes of, in consequence of, or for giving full effect to, any provision made under section 17 (power to modify legislation relating to the common agricultural policy), and

(ii) it is being exercised in a way that has an effect on the basic payment scheme;

(e) a function under legislation governing the basic payment scheme (within the meaning given by section 16);

(f) a function under legislation governing the financing, management and monitoring of the common agricultural policy (within the meaning given by section 17), so far as the function is being exercised in a way that has an effect on the basic payment scheme.

Monitoring and reporting

Sustainable land management indicators and targets

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(1) The Welsh Ministers must prepare a statement setting out—

(a) indicators that are to be applied to measure progress towards achieving the sustainable land management objectives through the exercise of the functions to which the duty in section 2 applies, and

(b) targets in relation to those indicators.

(2) The statement must contain—

(a) at least one distinct indicator for each sustainable land management objective, and

(b) at least one distinct target relating to at least one distinct indicator for each sustainable land management objective.

(3) The statement may in addition set out further indicators and further targets.

(4) A further indicator set out under subsection (3) may be for one sustainable land management objective or more than one.

(5) A further target set out under subsection (3) may relate to one indicator (whether an indicator set out under subsection (2) or a further indicator set out under subsection (3)) or more than one.

(6) An indicator or target may relate to Wales or any part of Wales.

(7) A target may be set by reference to any period that the Welsh Ministers consider appropriate.

(8) The Welsh Ministers must, no later than 31 December 2025—

(a) publish the statement, and

(b) lay it before Senedd Cymru.

(9) The Welsh Ministers may review and revise the statement at any time.

(10) Subsections (2) to (8) apply in relation to a revised statement as they apply to the original statement.

(11) Where the Welsh Ministers revise the statement, they must as soon as reasonably practicable—

(a) publish the revised statement, and

(b) lay it before Senedd Cymru.

Steps to be taken in preparing or revising indicators and targets

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(1) In preparing or revising a statement under section 4, the Welsh Ministers must take the steps set out in subsections (2) and (3).

(2) The Welsh Ministers must have regard to—

(a) any national indicators (as revised from time to time) published under section 10 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) that they consider to be relevant,

(b) the most recent state of natural resources report published under section 8 of the Environment (Wales) Act 2016 (anaw 3), so far as it relates to agriculture, other activities carried out on land used for agriculture, or ancillary activities,

(c) the most recent national natural resources policy published under section 9 of the Environment (Wales) Act 2016, so far as it relates to agriculture, other activities carried out on land used for agriculture, or ancillary activities,

(d) the most recent Impact Report (if any) published under section 14, and

(e) any other matters (including, among other things, any statistics published by the Welsh Ministers on agricultural production or the income of agricultural businesses, deriving from surveys of the sector) the Welsh Ministers consider appropriate.

(3) The Welsh Ministers must consult—

(a) the Future Generations Commissioner for Wales, and

(b) any other persons they consider appropriate.

Sustainable land management reports

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(1) The Welsh Ministers must prepare a report under this section, in relation to each reporting period, setting out their assessment of—

(a) the cumulative progress made, since section 2 came into force, towards achieving the sustainable land management objectives through the exercise of the functions to which the duty in section 2 applies, and

(b) the progress made, during the reporting period, towards achieving those objectives through the exercise of those functions.

(2) The report must set out, in relation to each indicator in the statement (or revised statement) published under section 4—

(a) the progress made in relation to that indicator during the reporting period, and

(b) how that has contributed to achieving the sustainable land management objectives.

(3) The report must also specify, in relation to each target in the statement (or revised statement), whether the target has been achieved during the reporting period.

(4) If a target has been achieved during the reporting period, the report must explain how that has contributed to achieving one or more of the sustainable land management objectives.

(5) If a target has not been achieved during the reporting period, the report must—

(a) explain why, and

(b) set out the steps the Welsh Ministers have taken, or intend to take—

(i) to achieve the target, or

(ii) to set an appropriate new target.

(6) If the Welsh Ministers have not yet been able to determine whether a target has been achieved during the reporting period, the report must—

(a) explain why, and

(b) set out the steps that the Welsh Ministers have taken, or intend to take, in order to determine whether the target has been achieved.

(7) The report may also assess and report on—

(a) any other matters that the Welsh Ministers consider relevant in assessing the progress made towards achieving the sustainable land management objectives;

(b) the key priorities, risks and opportunities in relation to achieving those objectives;

(c) the effect that the progress made towards achieving those objectives is having on achieving other goals and objectives.

(8) The Welsh Ministers must, no later than 12 months after the end of each reporting period—

(a) publish the report that relates to the reporting period, and

(b) lay it before Senedd Cymru.

(9) In this section, the “reporting period” means—

(a) in the case of the first report, the period beginning with the day on which section 2 comes into force and ending with 31 December 2025;

(b) in the case of subsequent reports, successive periods of five years.

(10) The Welsh Ministers may by regulations amend subsection (9).

Steps to be taken in preparing reports

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In preparing a report under section 6, the Welsh Ministers must have regard to—

(a) the most recent state of natural resources report published under section 8 of the Environment (Wales) Act 2016 (anaw 3), so far as it relates to agriculture, other activities carried out on land used for agriculture, or ancillary activities,

(b) the most recent national natural resources policy published under section 9 of the Environment (Wales) Act 2016, so far as it relates to agriculture, other activities carried out on land used for agriculture, or ancillary activities,

(d) any other matters (including, among other things, any statistics published by the Welsh Ministers on agricultural production or the income of agricultural businesses, deriving from surveys of the sector) the Welsh Ministers consider appropriate.

PART 2 — SUPPORT FOR AGRICULTURE ETC.

CHAPTER 1 — WELSH MINISTERS’ POWER TO PROVIDE SUPPORT

Welsh Ministers’ power to provide support

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(1) The Welsh Ministers may provide support for or in connection with agriculture in Wales and ancillary activities that take place in Wales.

(2) That support may, in particular, include support for or in connection with any of the following purposes—

(a) encouraging the production of food in an environmentally sustainable manner;

(b) helping rural communities to thrive and strengthening links between agricultural businesses and their communities;

(d) sustaining the Welsh language and promoting and facilitating its use;

(e) reducing emissions of greenhouse gases;

(f) maximising carbon sequestration and storage;

(g) maintaining and enhancing the resilience of ecosystems;

(h) conserving and enhancing landscapes and the historic environment;

(i) improving air quality;

(j) improving water quality;

(k) maintaining and enhancing public access to and engagement with the countryside and the historic environment;

(l) mitigating flood and drought risks;

(m) achieving and promoting high standards of animal health and welfare;

(n) maximising resource efficiency;

(o) encouraging agricultural businesses to manage energy effectively (including by adopting energy efficiency and energy saving practices, and generating renewable energy on their land).

(3) Support under this section may be provided under a scheme or otherwise.

(4) The Welsh Ministers may, by regulations, amend subsection (2) by—

(a) adding a purpose to the list in that subsection;

(b) removing a purpose from the list;

(5) In this section, “greenhouse gas” has the same meaning as in Part 2 of the Environment (Wales) Act 2016 (anaw 3).

(6) In this Chapter—

(a) references to support (except in the case of references to the provision of support under a third party scheme within section 9(8)) are to support under this section;

(b) references to financial support are to support under this section that is provided financially.

Further provision about support under section 8

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(1) Support may be provided financially or otherwise.

(2) Financial support may be provided by way of grant, loan or guarantee, or in any other form.

(3) Support may be provided subject to eligibility criteria being met.

(4) Where support is provided in connection with the use of land, the eligibility criteria may (among other things) specify requirements relating to—

(a) the hectarage or characteristics of the land;

(b) the extent to which the land must be used for or in connection with agriculture or ancillary activities;

(5) Support may be provided subject to any conditions the Welsh Ministers consider appropriate.

(6) The conditions may (among other things) include provision for financial support to be repaid or otherwise made good (with or without interest).

(7) Support may be provided to the maker or operator of a third party scheme in connection with the establishment or operation of that scheme (including in connection with the provision of support under that scheme).

(8) A “third party scheme” for this purpose is a scheme for the provision of support (whether financially or otherwise) for or in connection with agriculture or ancillary activities (or both), but which is not made by the Welsh Ministers.

(9) The Welsh Ministers may delegate to any other person functions relating to the provision of support.

(10) Functions delegated under subsection (9) may include—

(a) giving guidance;

(b) exercising a discretion.

Power to make provision about publication of information about support

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(1) The Welsh Ministers may by regulations make provision for, or in connection with, the publication of specified information about support that is or has been provided.

(2) Regulations under subsection (1) may impose a requirement on any person (including on the Welsh Ministers).

(3) The information that may be specified includes information about—

(a) the recipient of any support provided;

(b) the amount of any support provided;

(4) In this section, “specified” means specified in regulations under subsection (1).

Multi-annual support plans

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(1) The Welsh Ministers must prepare a plan, to be known as a “multi-annual support plan”, giving information about the expected use of the powers conferred on the Welsh Ministers by section 8 during the period to which the plan applies.

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