The Natural Resources Body for Wales (Functions) Order 2013

Made: 25 March 2013

Coming into force: 1 April 2013

The Welsh Ministers make this Order in exercise of the powers conferred by sections 13, 14, 15 and 35 of the Public Bodies Act 2011 (“the Act”).

In accordance with section 16 of the Act, the Welsh Ministers consider that this Order—serves the purpose of improving the exercise of public functions, having had regard to the factors set out in section 16 of the Act; anddoes not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise.

In accordance with section 16 of the Act, the Welsh Ministers consider that this Order—

serves the purpose of improving the exercise of public functions, having had regard to the factors set out in section 16 of the Act; and

does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise.

The consent of the Secretary of State and the Minister has been obtained in accordance with section 17 of the Act.

The Welsh Ministers have carried out consultation in accordance with section 18 of the Act.

A draft of this Order, and an explanatory document containing the information required by section 19(2) of the Act, have been laid before the National Assembly for Wales in accordance with section 19(1) after the end of the period of twelve weeks mentioned in section 19(3).

In accordance with section 19(6) of the Act, the Welsh Ministers have had regard to representations and recommendations made during the 60-day period with regard to the draft Order.

In accordance with section 19(8) of the Act, a revised draft of this Order, and a statement giving a summary of the changes proposed, have been laid before the National Assembly for Wales after the expiry of the 60-day period.

The revised draft of this Order has been approved by a resolution of the National Assembly for Wales in accordance with section 19(9) of the Act.

Title, commencement and extent

1

• (1) The title of this Order is the Natural Resources Body for Wales (Functions) Order 2013.

• (2) This Order comes into force on 1 April 2013.

• (3) An amendment, repeal or revocation made by this Order has the same extent as the provision to which it relates.

Interpretation

2

In this Order—

• “the 1990 Act” (“Deddf 1990”) means the Environmental Protection Act 1990 ;

• “the 1995 Act” (“Deddf 1995”) means the Environment Act 1995 ;

• “the Body” (“y Corff”) means the Natural Resources Body for Wales;

• “the Establishment Order” (“y Gorchymyn Sefydlu”) means the Natural Resources Body for Wales (Establishment) Order 2012 ;

• “local enactment” (“deddfiad lleol”) means any local Act or any subordinate legislation made under or by virtue of a local Act.

General functions of the Natural Resources Body for Wales

3

Schedule 1 contains amendments to the Establishment Order.

Modification and transfer of functions, consequential and other provisions

4

• (1) Schedules 2 and 3 contain amendments to primary legislation which—

• (a) modify and transfer to the Body Welsh devolved functions of the Environment Agency;

• (b) modify and transfer to the Body and the Welsh Ministers Welsh devolved functions of the Forestry Commissioners;

• (c) modify and transfer to the Body functions of the CCW;

• (d) transfer to the Body functions of the Welsh Ministers relating to the environment;

• (e) make consequential, supplementary and incidental provision.

• (2) Schedules 4, 5 and 6 contain amendments to subordinate legislation which—

• (a) modify and transfer to the Body Welsh devolved functions of the Environment Agency;

• (b) modify and transfer to the Body and the Welsh Ministers Welsh devolved functions of the Forestry Commissioners;

• (c) modify and transfer to the Body functions of the CCW;

• (d) transfer to the Body functions of the Welsh Ministers relating to the environment;

• (e) make consequential, supplementary and incidental provision.

Other modifications of enactments

5

In any local enactment which is not amended by any other provision of this Order, any reference to the CCW (however expressed), and any reference which is to be read as a reference to the CCW, is to be treated as a reference to the Body.

6

In any local enactment which is not amended by any other provision of this Order, any reference to the Forestry Commissioners (however expressed), and any reference which is to be read as a reference to the Forestry Commissioners, is to be treated in relation to Wales as a reference to the Body.

7

In any local enactment which is not amended by any other provision of this Order, other than an enactment relating to navigation, any reference to the Environment Agency (however expressed), and any reference which is to be read as a reference to the Environment Agency, is to be treated in relation to Wales as a reference to the Body.

Abolition of the Countryside Council for Wales

8

• (1) The CCW is abolished.

• (2) Accordingly, the following are repealed—

• (a) sections 128 to 134 of the 1990 Act ;

• (b) Schedules 6, 8 and 9 to the 1990 Act ;

• (c) Part 1 of the National Parks and Access to the Countryside Act 1949 .

Abolition of advisory committees

9

• (1) The following are abolished—

• (a) the Environment Protection Advisory Committee established pursuant to section 12(6) of the 1995 Act;

• (b) the regional and local fisheries advisory committee established pursuant to section 13(5) of the 1995 Act.

• (2) Accordingly, the following provisions of the 1995 Act are repealed—

• (a) section 12 ;

• (b) section 13 ;

• (c) Schedule 3;

• (d) paragraph 3 of Schedule 23.

Transitional provisions and savings

10

Schedule 7 contains transitional provisions and savings.

SCHEDULE 1 — FUNCTIONS OF THE NATURAL RESOURCES BODY FOR WALES

1

The Establishment Order is amended as follows.

2

For article 2 substitute—

(2) In this Order— - “the Body” (“y Corff”) has the meaning given by article 3(1); - “nature conservation” (“cadwraeth natur”) means the conservation of flora, fauna or geological or physiographical features; - “pollution control functions” (“swyddogaethau rheoli llygredd”) has the same meaning as in section 5 of the Environment Act 1995 ; - “the Welsh zone” (“parth Cymru”) has the meaning given by section 158 of the Government of Wales Act 2006 .

3

In article 4(3), omit “(as defined in section 158(1) of the Government of Wales Act 2006)”.

4

After article 5 insert—

(5A) (1) The Body must exercise its functions so as to further nature conservation and the conservation and enhancement of natural beauty and amenity. (2) The duty in paragraph (1) does not apply to the Body's pollution control functions or its functions under the Forestry Act 1967. (3) In exercising its pollution control functions, the Body must have regard to the desirability of nature conservation and of conserving and enhancing natural beauty and amenity. (4) Section 1(3A) of the Forestry Act 1967 makes provision about the balance between nature conservation and other matters which the Body must endeavour to achieve in exercising its functions under that Act. (5B) In exercising any function relating to nature conservation, the Body must have regard to actual or possible ecological changes. (5C) (1) The Body must exercise its functions so as to promote the provision and improvement of opportunities for— (a) access to, and enjoyment of, the countryside and open spaces; (b) open-air recreation; and (c) the study, understanding and enjoyment of the natural environment. (2) The duty in paragraph (1) does not apply to the Body's pollution control functions. (3) In exercising its pollution control functions, the Body must have regard to the desirability of maintaining the availability to the public of existing opportunities of the kinds mentioned in paragraph (1). (4) Section 2 of the Countryside Act 1968 makes further provision about the Body's duties relating to facilities for the enjoyment of the countryside, the conservation and enhancement of the natural beauty and amenity of the countryside, and public access to the countryside for recreation. (5D) In exercising its functions, the Body must have regard to— (a) the desirability of protecting and conserving buildings, structures, sites and objects of archaeological, architectural, engineering or historic interest; (b) the desirability of maintaining the availability to the public of any facility for visiting or inspecting any such building, structure, site or object, so far as consistent with sub-paragraph (a) and article 5A. (5E) In exercising its functions, the Body must have regard to— (a) the health and social well-being of individuals and communities; (b) the economic well-being of individuals, businesses and communities. (5F) (1) The duties in articles 5A to 5E apply to the Welsh Ministers when formulating or considering any proposals relating to the Body's functions, as they apply to the Body in exercising those functions. (2) But the duty in article 5A(1) applies to the Welsh Ministers when formulating or considering such proposals only to the extent that the duty is consistent with— (a) the objective of achieving sustainable development; and (b) the Welsh Ministers' duties under section 2 of the Water Industry Act 1991 . (5G) (1) This article applies where the Body has rights to the use of water or land associated with water. (2) The Body must take appropriate steps to secure that those rights are exercised so as to ensure that the water or land— (a) is made available for recreational purposes; and (b) is made available in the best manner. (3) In paragraph (2), “appropriate steps” (“camau priodol”) means steps which are— (a) reasonably practicable; and (b) consistent with the provisions of any enactment relating to the Body's functions. (4) The Body must obtain the consent of any navigation authority, harbour authority or conservancy authority before doing anything under paragraph (1) which causes obstruction of, or other interference with, navigation which is subject to the control of that authority. (5) Section 6 of the Environment Act 1995 makes further general provision about the Body's functions with respect to water. (5H) (1) The Body may provide, or make arrangements for the provision of, facilities for the purposes specified in paragraph (2) on any land belonging to it, which it uses or manages, or which is placed at its disposal by the Welsh Ministers. (2) The purposes referred to in paragraph (1) are— (a) tourism and the enjoyment of the countryside and open spaces; (b) recreation and sport; (c) the study, understanding and enjoyment of the natural environment. (3) In paragraph (1), “facilities” (“cyfleusterau”) includes, without limitation— (a) accommodation for visitors, camping sites and caravan sites; (b) picnic sites and places for meals and refreshments; (c) places for enjoying views and parking places; (d) routes for walking, cycling or study of the natural environment; (e) education centres, display centres and information; (f) shops in connection with any of the facilities mentioned in paragraphs (a) to (e); (g) public conveniences. (5I) The power of the Welsh Ministers under section 39 of the Forestry Act 1967 to acquire land includes power to acquire land in proximity to land placed by them at the disposal of the Body pursuant to section 3 of that Act where it appears to the Welsh Ministers that the land which it is proposed to acquire is reasonably required for the provision of the facilities mentioned in article 5H. (5J) The power of the Welsh Ministers to make byelaws under section 46 of the Forestry Act 1967 includes power to make byelaws— (a) for regulating the reasonable use of facilities provided under article 5H, and (b) in relation to any matter described in section 41(3) of the Countryside Act 1968 .

5

Omit articles 6 and 7.

6

• (1) Article 8 is amended as follows.

• (2) In paragraph (3), for “apply unless” substitute “ do not apply if ”.

• (3) After paragraph (4) insert—

(5) For the purposes of this article, costs include costs— (a) to any person; and (b) to the environment.

7

After article 8 insert—

(8A) The Body must cooperate with the Environment Agency, and coordinate its activities with those of the Environment Agency, as may be appropriate in the circumstances.

8

• (1) Article 9(2) is amended as follows.

• (2) In sub-paragraph (c), after “form” insert “ or participate in the forming of ”.

• (3) After sub-paragraph (d) insert—

(da) act, or appoint a person to act, as an officer of a body corporate or as a trustee of a charitable trust;

• (4) In sub-paragraph (e), after “gifts” insert “ or contributions ”.

9

After article 9 insert—

(9A) (1) Without prejudice to the generality of the powers conferred by article 9, the Body is to be treated as both a local authority and a public body for the purposes of the provisions of the Local Authorities (Goods and Services) Act 1970 , except section 2(2). (2) But the Body may not, under section 1 of that Act, make arrangements which could be made under section 28(1) of the Public Bodies Act 2011 .

10

• (1) Article 10 is amended as follows.

• (2) The existing provision becomes paragraph (1).

• (3) After paragraph (1) insert—

(2) The Body may advise the Welsh Ministers on the development and implementation of policies for or in relation to any matter in respect of which the Body exercises functions, whether or not it has been requested to do so.

11

After article 10 insert—

(10A) (1) The Body may provide advice or assistance, including training facilities, to any person on any matter in which the Body has knowledge, skill or experience. (2) The power conferred by paragraph (1) must not be exercised where the person to whom the advice or assistance is provided is outside Wales, except— (a) in accordance with a power or duty conferred or imposed by this or any other enactment; (b) with the consent in writing of the Welsh Ministers; or (c) in accordance with arrangements approved by the Welsh Ministers. (3) The Welsh Ministers may impose conditions when giving consent or approving arrangements under paragraph (2). (10B) (1) The Body may give financial assistance to any person in respect of any expenditure incurred or to be incurred by that person in doing anything which the Body considers conducive to the attainment of any objective which the Body seeks to attain in the exercise of its functions. (2) The Body may give financial assistance under this article by way of grant or loan (or partly in one way and partly in the other). (3) The Body may attach conditions to financial assistance under this article, which may include (without limitation) conditions requiring the repayment of the whole or part of any grant in specified circumstances. (4) The Body must exercise the power in paragraph (3) so as to ensure that any person receiving financial assistance in respect of premises to which the public are to be admitted (on payment or otherwise) makes appropriate provision for the needs of members of the public with disabilities. (5) In paragraph (4), “appropriate provision” (“darpariaeth briodol”) means such provision with respect to— (a) means of access to or within the premises; and (b) the parking facilities and sanitary conveniences to be available (if any), as is practicable and reasonable in the circumstances. (6) The Body may give financial assistance under this article only with the consent of the Welsh Ministers (which may be specific or general) or in accordance with arrangements approved by them. (10C) (1) The Body must make arrangements for the carrying out of research activities in respect of matters relevant to any of its functions. (2) The Body may— (a) carry out research activities on its own account or jointly with other persons; (b) commission or support research activities (whether by financial means or otherwise). (3) In exercising its functions under this article in relation to research into 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 . (4) In this article— (a) “research activities” (“gweithgareddau ymchwil”) means research and related activities; (b) “related activities” (“gweithgareddau cysylltiedig”) includes, without limitation, the making of experiments and inquiries and the collection of statistics and information. (10D) The functions conferred by articles 10 to 10C are exercisable in relation to Wales and the Welsh zone. (10E) (1) The Body may institute criminal proceedings in England and Wales. (2) The Body may authorise persons to prosecute on its behalf in proceedings before magistrates' courts in England and Wales. (3) A person so authorised is entitled to prosecute in such proceedings even though that person is not a barrister or solicitor.

12

In article 11, for paragraphs (2) to (4) substitute—