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The Natural Resources Body for Wales (Functions) Order 2013

Type Welsh-Statutory-Instrument

Publication 2013-03-25

Last updated 2026-09-14

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

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The Natural Resources Body for Wales (Establishment) Order 2012 (“the Establishment Order”) established a new statutory body, the Natural Resources Body for Wales (“the Body”) and provided for its purpose, membership, procedure, financial governance and initial functions. This Order makes further provision about the Body, including provision about the modification and transfer of environmental functions to the Body.

Reform history JSON API

(2) In paragraph 3(1), for the words from “and” to “carry” substitute “ and the Natural Resources Body for Wales, carry ”.

(3) In paragraph 11—

(a) in sub-paragraph (1), in the opening words, for the words from “Where” to “and” substitute “ Where the Natural Resources Body for Wales and ”;

(b) in sub-paragraph (2), for the words from “the” to “or a” substitute “ the Natural Resources Body for Wales or a ”.

358

(1) Schedule 3 is amended as follows.

(2) In paragraph 2(1)—

(a) in paragraph (a)—

(i) in sub-paragraph (i), for the words after “submitted to” substitute “ the Natural Resources Body for Wales ”;

(ii) in sub-paragraph (ii), for the words after “approved by” substitute “ the Natural Resources Body for Wales ”;

(iii) in sub-paragraph (iii), for the words after “given to” substitute “ the Natural Resources Body for Wales, and ”;

(iv) in sub-paragraph (iv), for the words after “been sent to” substitute “ the Natural Resources Body for Wales ”;

(b) in paragraph (b), in the opening words, for the words after “submit to” substitute “ the Natural Resources Body for Wales ”;

(d) in paragraph (d), in the opening words, for the words from “which the” to “may” substitute “ which the Natural Resources Body for Wales may ”;

(e) in paragraph (e), for the words from “allow” to “access” substitute “ allow the Natural Resources Body for Wales access ”.

(3) In paragraph 4(1)—

(a) in paragraph (b), for the words from “agreed” to “at” substitute “ agreed by the Natural Resources Body for Wales, at ”;

(b) in paragraph (e), in the opening words, for the words from “the” to “costs” substitute “ the Natural Resources Body for Wales costs ”.

(4) In paragraph 5—

(a) in paragraph (b), for the words from “which” to “may” substitute “ which the Natural Resources Body for Wales may ”;

(b) in paragraph (c), for the words from “allow” to “access” substitute “ allow the Natural Resources Body for Wales access ”;

(c) in paragraph (d), for the words from “send” to “as soon” substitute “ send to the Natural Resources Body for Wales as soon ”.

(5) In paragraph 7—

(a) in sub-paragraph (1)(a), for the words after “withholding” substitute “ by the Natural Resources Body for Wales of approval required by paragraph 2(1)(a)(ii) above ”;

(b) in sub-paragraph (2), for the words from “and” to “to” substitute “ and the Natural Resources Body for Wales as to ”.

359

In Schedule 4, in paragraph 3(2)(b), for the words after “the” substitute “ Natural Resources Body for Wales, or ”.

Coal Industry Act 1994 (c. 21)

360

In section 59(3) of the Coal Industry Act 1994, after paragraph (e) insert—

(f) the Natural Resources Body for Wales is a relevant authority in relation to its relevant transferred functions (within the meaning of article 11 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903)).

Environment Act 1995 (c. 25)

361

The 1995 Act is amended as follows.

362

(1) Section 4 is amended as follows.

(2) In subsection (2)—

(a) for “Ministers” substitute “ Secretary of State ”;

(b) for “they consider” substitute “ the Secretary of State considers ”.

(3) In subsections (3) and (5)(c), for “Ministers consider” substitute “ Secretary of State considers ”.

(4) In subsection (7), for “Ministers” substitute “ Secretary of State ”.

(5) In subsection (9)—

(a) for “Ministers” substitute “ Secretary of State ”;

(b) for “they consider” substitute “ the Secretary of State considers ”.

363

(1) Before the heading to section 5, insert the following Chapter heading—

General functions of the Agency and the Natural Resources Body for Wales

(2) Sections 5 to 10 become Chapter 1A of Part 1.

364

(1) Section 5 is amended as follows.

(2) In subsection (1), for “The Agency's” substitute “ An appropriate agency's ”.

(3) In subsection (2), for “The Agency” substitute “ An appropriate agency ”.

(4) In subsection (3)—

(a) in the opening words—

(i) for “either of the Ministers” substitute “ the appropriate national authority ”;

(ii) for “the Agency” substitute “ an appropriate agency ”;

(b) in paragraph (a), for “that Minister” substitute “ the appropriate national authority ”;

(i) for “that Minister” substitute “ the appropriate national authority ”;

(ii) for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(5) In subsections (4) and (5), for “the Agency” substitute “ an appropriate agency ”.

(6) After subsection (5) insert—

(6) But in relation to the Natural Resources Body for Wales, “pollution control powers” and “pollution control functions” do not include powers or functions which— (a) were exercisable by the Countryside Council for Wales or the Forestry Commissioners immediately before 1 April 2013; and (b) are functions of that Body by virtue of the Natural Resources Body for Wales (Functions) Order 2013.

365

(1) Section 6 is amended as follows.

(2) In subsection (1), for “the Agency”, in the first and second places where it occurs, substitute “ an appropriate agency ”.

(3) In subsection (2), omit “and Wales” in each place where it occurs.

(4) After subsection (2) insert—

(2A) The Natural Resources Body for Wales must take all such action as it may from time to time consider, in accordance with any directions given under article 11 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903), to be necessary or expedient for the purpose— (a) of conserving, redistributing or otherwise augmenting water resources in Wales; and (b) of securing the proper use of water resources in Wales (including the efficient use of those resources); but nothing in this subsection shall be construed as relieving any water undertaker of the obligation to develop water resources for the purpose of performing any duty imposed on it by virtue of section 37 of the Water Industry Act 1991 (general duty to maintain water supply system).

(5) In subsection (4), after “England and” insert “ the Natural Resources Body for Wales shall in relation to ”.

(6) In subsection (5), after “England and” insert “ the Natural Resources Body for Wales' flood defence functions shall extend to the territorial sea adjacent to ”.

(7) In subsection (6), for “the Agency” substitute “ an appropriate agency ”.

(8) In subsection (7), omit “and Wales” in each place where it occurs.

(9) After subsection (7) insert—

(7A) The area in respect of which the Natural Resources Body for Wales shall carry out its functions relating to fisheries shall be the whole of Wales, together with such part of the territorial sea adjacent to Wales as extends for six miles from the baselines from which the breadth of that sea is measured.

(10) After subsection (8) insert—

(9) For the purposes of this section, the parts of the territorial sea which are adjacent to Wales, and which are therefore not adjacent to England, are the parts of the sea which are treated as adjacent to Wales for the purposes of section 158 of the Government of Wales Act 2006.

366

(1) Section 8 is amended as follows.

(2) In subsection (1)—

(a) in the opening words—

(i) omit “or the Countryside Council for Wales”;

(ii) omit “or, as the case may be, Wales”;

(b) in paragraph (b), for “the Agency”, in each place where it occurs, substitute “ an appropriate agency ”;

(i) for “the Agency or (as the case may be) the Council” substitute “ Natural England ”;

(ii) for “to the Agency” substitute “ to the appropriate agency ”.

(3) After subsection (1) insert—

(1A) Where the Natural Resources Body for Wales is of the opinion that any area of land in Wales— (a) is of special interest by reason of its flora, fauna or geological or physiographical features, and (b) may at any time be affected by schemes, works, operations or activities of the Agency or by an authorisation given by the Agency, the Natural Resources Body for Wales shall notify the fact that the land is of special interest for that reason to the Agency.

(4) In subsection (2)—

(a) in paragraph (b), for “the Agency”, in each place where it occurs, substitute “ an appropriate agency ”;

(b) in the closing words, for “Agency” substitute “ appropriate agency ”.

(5) In subsection (3)—

(a) for “the Agency”, in the first place where it occurs, substitute “ an appropriate agency ”;

(b) after “subsection (1)” insert “ , (1A) ”;

(6) In subsection (4), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

367

(1) Section 9 is amended as follows.

(2) For subsection (1) substitute—

(1) The appropriate national authority shall have power by order to approve any code of practice issued (whether by the appropriate national authority or by another person) for the purpose of— (a) giving practical guidance to an appropriate agency with respect to any of the matters for the purposes of which the provisions specified in subsection (5) have effect, and (b) promoting what appear to the appropriate national authority to be desirable practices by an appropriate agency with respect to those matters, and may at any time by such an order approve a modification of such a code or withdraw its approval of such a code or modification.

(3) In subsection (2), for “section 6(1), 7 or 8 above, the Agency” substitute “ the provisions specified in subsection (5), an appropriate agency ”.

(4) In subsection (3)—

(a) for “Neither of the Ministers shall” substitute “ The Secretary of State shall not ”;

(b) in paragraph (b), omit “and the Countryside Council for Wales”;

(5) After subsection (3) insert—

(3A) The Welsh Ministers shall not make an order under this section unless they have first consulted— (a) the Natural Resources Body for Wales; (b) the Sports Council for Wales; and (c) such other persons as they consider it appropriate to consult.

(6) In subsection (4)—

(a) omit “of each of the Ministers”;

(b) at the end insert “ (in the case of an order made by the Secretary of State) or of the National Assembly for Wales (in the case of an order made by the Welsh Ministers) ”.

(7) After subsection (4) insert—

(5) The provisions referred to in subsections (1) and (2) are— (a) in relation to the Agency, sections 6(1), 7 and 8; (b) in relation to the Natural Resources Body for Wales— (i) sections 6(1) and 8; and (ii) articles 5A, 5C, 5D, 5E and 5G of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903).

368

After section 9 insert—

(9A) Duty of the Agency to cooperate with the Natural Resources Body for Wales The Agency must cooperate with the Natural Resources Body for Wales, and coordinate its activities with those of the Natural Resources Body for Wales, as may be appropriate in the circumstances.

369

(1) Section 10 is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) omit “and”;

(b) after paragraph (a) insert—

(aa) for the purposes of article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903), in relation to the Natural Resources Body for Wales; and

(d) in the closing words, after “described in paragraphs (a)” insert “ , (aa) ”.

(3) In subsection (2)—

(a) in the opening words, for “the Agency” substitute “ an appropriate agency ”;

(b) in paragraphs (a) to (c), for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(4) In subsection (3), for “the Agency” substitute “ an appropriate agency ”.

(5) In subsections (4) and (5)—

(a) for “the Agency”, in the first place where it occurs in each of those subsections, substitute “ an appropriate agency ”;

(b) for “Agency”, in the second place where it occurs in each of those subsections, substitute “ appropriate agency ”.

(6) Accordingly, in the heading to section 10, after “Agency” insert “ and the Natural Resources Body for Wales ”.

370

In the heading to Chapter 3 of Part 1, after “the New Agencies” insert “ and the Natural Resources Body for Wales ”.

371

In section 40, after subsection (8) insert—

(9) For the purposes of this section, the “appropriate Minister” in relation to the Agency is— (a) in any case not falling within paragraph (b), the Secretary of State; (b) in the case of a direction under subsection (1)— (i) which would have any effect in Wales, or (ii) which relates to water resources management, water supply, rivers or other watercourses, control of pollution of water resources, sewerage or land drainage, and which would have any effect in the catchment areas of the rivers Dee, Wye and Severn, the Secretary of State or the Welsh Ministers. (10) The Secretary of State may give a direction falling within subsection (9)(b) only after consulting the Welsh Ministers. (11) The Welsh Ministers may give a direction under this section only with the consent of the Secretary of State.

372

(1) Section 41 is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), for “the Agency” substitute “ an appropriate agency ”;

(b) in paragraph (b), for “a new Agency” substitute “ the Agency, the Natural Resources Body for Wales or SEPA ”;

(d) in paragraph (e), for “each of the new Agencies” substitute “ the Agency, the Natural Resources Body for Wales or SEPA ”;

(e) in paragraph (f), for “each of the new Agencies” substitute “ an appropriate agency ”;

(f) in paragraph (g), for “each of the new Agencies” substitute “ the Agency, the Natural Resources Body for Wales or SEPA ”;

(g) in the closing words, for “new Agency” substitute “ body ”.

(3) In subsection (6), for “a new Agency” substitute “ the Agency, the Natural Resources Body for Wales or SEPA ”.

(4) After subsection (9) insert—

(9A) The Natural Resources Body for Wales may not make a charging scheme unless the provisions of the scheme have been approved by the Welsh Ministers under section 42.

373

(1) Section 42 is amended as follows.

(2) In subsection (1)—

(a) in the opening words, for “for his approval, a new Agency” substitute “ or the Welsh Ministers for approval, a charging authority ”;

(b) in paragraph (b), at the end insert “ or, as the case may be, the Welsh Ministers ”.

(3) In subsection (2)—

(a) in the opening words—

(i) for “for his” substitute “ or the Welsh Ministers for ”;

(ii) after “he” insert “ or they ”;

(b) in paragraph (a), after “him” insert “ or them ”.

(4) In subsection (3)—

(a) in the opening words, for “new Agency”, in each place where it occurs, substitute “ charging authority ”;

(b) in the closing words, after “Secretary of State” insert “ or, as the case may be, the Welsh Ministers ”.

(5) In subsection (4)—

(a) in the opening words—

(i) after “considers” insert “ or which the Welsh Ministers consider ”;

(ii) for “new Agency's” substitute “ charging authority's ”;

(iii) after “Secretary of State”, in the second place where it occurs, insert “ or the Welsh Ministers ”;

(b) in paragraph (a)—

(i) for “new Agency's” substitute “ charging authority's ”;

(ii) after “below” insert “ or (in the case of the Natural Resources Body for Wales) under article 13 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) ”;

(6) In subsection (5)—

(a) after “Secretary of State” insert “ or the Welsh Ministers (as the case may be) ”;

(b) for “the Agency's” substitute “ an appropriate agency's ”;

(d) after “section 6(2)” insert “ or (2A) ”.

(7) In subsection (6)—

(a) after “Secretary of State”, in the first place where it occurs, insert “ or the Welsh Ministers ”;

(b) for “new Agency” substitute “ charging authority ”.

(8) In subsections (8) and (9), for “new Agency”, in each place where it occurs, substitute “ charging authority ”.

(9) In subsection (11), after “section 41 or 41A” insert “ and “charging authority” means the body that makes or proposes to make a charging scheme ”.

374

(1) Section 53 is amended as follows.

(2) After subsection (1) insert—

(1A) Without prejudice to any other provision of this Act or any other enactment by virtue of which an inquiry or other hearing is authorised or required to be held, the Welsh Ministers may cause an inquiry or other hearing to be held if it appears to them expedient to do so— (a) in connection with any of the relevant environmental functions of the Natural Resources Body for Wales; or (b) in connection with any of their functions in relation to the relevant environmental functions of that Body.

(3) In subsection (2)—

(a) in paragraph (a), after “Agency” insert “ or any of the relevant environmental functions of the Natural Resources Body for Wales ”;

(b) in paragraph (b), after “Agency” insert “ or any functions of the Welsh Ministers in relation to the relevant environmental functions of the Natural Resources Body for Wales ”;

(4) After subsection (3) insert—

(4) In this section, “relevant environmental functions” means— (a) pollution control functions (within the meaning of section 5); and (b) any functions relating to water resources, flood and coastal erosion risk management or fisheries.

375

(1) Section 56(1) is amended as follows.

(2) In the appropriate places insert the following definitions—

“appropriate agency” means the Agency or the Natural Resources Body for Wales;

“the appropriate national authority” means— (a) in relation to the Agency, the Secretary of State; (b) in relation to the Natural Resources Body for Wales, the Welsh Ministers;

(3) In the following definitions, for “the Agency”, in each place where it occurs, substitute “ an appropriate agency ”

(a) the definition of “environmental licence” which applies in relation to the Agency; and

(b) the definition of “flood defence functions”.

376

In sections 66(7)(a) and 72(2), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

377

In section 80(6)(a), for “appropriate new Agency” substitute “ appropriate agency ”.

378

(1) Section 81 is amended as follows.

(2) In subsection (1), after “new Agency” insert “ and the Natural Resources Body for Wales ”.

(3) In subsection (2)—

(a) in the opening words, omit “, in relation to a new Agency,”;

(b) in paragraph (a)—

(i) after “the Agency” insert “ or the Natural Resources Body for Wales ”;

(ii) after “above” insert “ (subject, in the case of the Body, to section 5(6) above) ”.

379

In section 87(3) and (7)(a), for “appropriate new Agency” substitute “ appropriate agency ”.

380

In section 91(1), for the definition of “the appropriate new Agency” substitute—

“the appropriate agency” means— (a) in relation to England, the Agency; (b) in relation to Wales, the Natural Resources Body for Wales; (c) in relation to Scotland, SEPA;

381

(1) Section 94 is amended as follows.

(2) In subsection (3)—

(a) for “either new Agency” substitute “ a new Agency ”;

(b) for “the other of them” substitute “ any other of them ”.

(3) In subsection (6)—

(a) in the definition of “the appropriate Agency”—

(i) in paragraph (a) omit “and Wales”;

(ii) after paragraph (a) insert—

(aa) in relation to Wales, the Natural Resources Body for Wales;

(b) in the definition of “new Agency” for “or SEPA” substitute “ , the Natural Resources Body for Wales or SEPA ”.

382

(1) Section 108 is amended as follows.

(2) In subsections (2) and (3), after “the Agency”, in each place where it occurs, insert “ , the Natural Resources Body for Wales ”.

(3) In subsection (15)—

(a) in the definition of “enforcing authority”, after paragraph (b) insert—

(bza) the Natural Resources Body for Wales;

(b) in the definition of “pollution control functions” which applies in relation to the Agency and SEPA—

(i) in the opening words, after “the Agency” insert “ , the Natural Resources Body for Wales ”;

(ii) in the closing words, after “the Agency” insert “ or the Natural Resources Body for Wales ”;

(iii) at the end insert— “ but, in relation to the Natural Resources Body for Wales, does not include any functions which were exercisable by the Countryside Council for Wales or the Forestry Commissioners immediately before 1 April 2013 and are functions of that Body by virtue of the Natural Resources Body for Wales (Functions) Order 2013; ”.

383

In section 111(5), in the definition of “environmental licence”, after “the Agency” insert “ , the Natural Resources Body for Wales ”.

384

(1) Section 113 is amended as follows.

(2) In subsection (1)—

(a) for “a new Agency”, in each place where it occurs, substitute “ a relevant agency ”;

(b) in paragraph (a), for “the other new Agency” substitute “ another relevant agency ”;

(d) after paragraph (c) insert

or (d) by the Natural Resources Body for Wales to the Forestry Commissioners,

(e) in the closing words, for “either of the new Agencies” substitute “ any of the relevant agencies ”.

(3) In subsection (2), for “new Agency”, in each place where it occurs, substitute “ relevant agency ”.

(4) In subsection (5)—

(a) omit the definition of “new Agency”;

(b) at the end insert—

“relevant agency” means the Agency, the Natural Resources Body for Wales or SEPA.

385

In section 115(3), after “the Agency” insert “ , the Natural Resources Body for Wales ”.

386

In Schedule 7, in paragraphs 4(1) and 14(3), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

387

In Schedule 20, in paragraph 5(1)(c), after “the Agency” insert “ or the Natural Resources Body for Wales, as appropriate ”.

Finance Act 1996 (c. 8)

388

The Finance Act 1996 is amended as follows.

389

In section 70(1), in the appropriate place insert—

“the Natural Resources Body for Wales” means the body established by article 3 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903);

390

In Schedule 5, in paragraph 35(1), after paragraph (b) insert—

(ba) the Natural Resources Body for Wales;

Government of Wales Act 1998 (c. 38)

391

The Government of Wales Act 1998 is amended as follows.

392

In Part 3 of Schedule 4, omit paragraph 15.

393

In Schedule 7, omit paragraphs 1 and 2.

Pollution Prevention and Control Act 1999 (c. 24)

394

The Pollution Prevention and Control Act 1999 is amended as follows.

395

(1) Section 2(4) is amended as follows.

(2) In paragraph (a) omit “or Wales”.

(3) After paragraph (a) insert—

(aa) the Natural Resources Body for Wales if the regulations are to apply in relation to Wales;

396

In section 3(4)(a), after “Environment Agency” insert “ , the Natural Resources Body for Wales ”.

Care Standards Act 2000 (c. 14)

397

In Schedule 2A to the Care Standards Act 2000, in paragraph 15, for “The Countryside Council for Wales” substitute “ The Natural Resources Body for Wales ”.

Regulation of Investigatory Powers Act 2000 (c. 23)

398

In Part 2 of Schedule 1 to the Regulation of Investigatory Powers Act 2000, after paragraph 28E insert—

The Natural Resources Body for Wales (28F) The Natural Resources Body for Wales.

Freedom of Information Act 2000 (c. 36)

399

(1) Part 6 of Schedule 1 to the Freedom of Information Act 2000 is amended as follows.

(2) Omit “The Countryside Council for Wales.”

(3) In the appropriate place insert “ The Natural Resources Body for Wales. ”

Countryside and Rights of Way Act 2000 (c. 37)

400

The Countryside and Rights of Way Act 2000 is amended as follows.

401

In section 1(2), in the definition of “the appropriate countryside body”, in paragraph (b), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

402

In sections 4(2) and 20(2) and (3), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

403

(1) Section 21 is amended as follows.

(2) In subsection (6)(a), after “any land” insert “ in England ”.

(3) After subsection (6) insert—

(6A) Where— (a) it appears to the Natural Resources Body for Wales that any land in a National Park in Wales which is dedicated for the purposes of this Part under section 16 consists wholly or predominantly of woodland, and (b) the Natural Resources Body for Wales give to the relevant National Park Authority who are apart from this subsection the relevant authority for the purposes of this Chapter in relation to the land a notice stating that the Natural Resources Body for Wales are to be the relevant authority for those purposes as from a date specified in the notice, the Natural Resources Body for Wales shall as from that date become the relevant authority in relation to that land for those purposes, but subject to subsection (7A).

(4) In subsection (7), after “any land” insert “ in England ”.

(5) After subsection (7) insert—

(7A) Where it appears to the Natural Resources Body for Wales that any land in relation to which they are by virtue of subsection (6A) the relevant authority for the purposes of this Chapter has ceased to consist wholly or predominantly of woodland, the Natural Resources Body for Wales may, by giving notice to the National Park Authority who would apart from subsection (6A) be the relevant authority, revoke the notice under subsection (6A) as from a date specified in the notice under this subsection.

404

In section 26, for “the Countryside Council for Wales”, in each place where it occurs, substitute “ the Natural Resources Body for Wales ”.

405

(1) Section 33 is amended as follows.

(2) For “the Countryside Council for Wales”, in each place where it occurs, substitute “ the Natural Resources Body for Wales ”.

(3) In subsection (2) omit paragraph (b) (and the “and” before it).

406

In sections 58(1)(b) and 61(1)(f), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

407

(1) Section 82(2) is amended as follows.

(2) For “the Countryside Council for Wales (in this Part referred to as “the Council”)” substitute “ the Natural Resources Body for Wales (in this Part referred to as “the NRBW”) ”.

(3) For “Council”, in the second place where it occurs, substitute “ NRBW ”.

408

In sections 83, 84, 86(7)(a), 90(1)(a)(ii) and 91(3), for “Council”, in each place where it occurs, substitute “ NRBW ”.

409

(1) Section 92(1) is amended as follows.

(2) Omit the definition of “the Council”.

(3) In the appropriate place insert—

“the NRBW” means the Natural Resources Body for Wales;

410

In Part 2 of Schedule 1, in paragraph 14(1), in the definition of “statutory undertaker”, after “Environment Agency” insert “ , the Natural Resources Body for Wales ”.

411

(1) Schedule 6 is amended as follows.

(2) In paragraph 12, in the section 119D(12) to be inserted into the Highways Act 1980 as respects Wales, in the definition of “the appropriate conservation body”, in paragraph (b), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

(3) In paragraph 16, in the section 135A(6)(c) to be inserted into that Act, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

412

In Schedule 13, in paragraph 6(2), for “Council” substitute “ NRBW ”.

Waste and Emissions Trading Act 2003 (c. 33)

413

In section 19(4)(a) of the Waste and Emissions Trading Act 2003, for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”.

Water Act 2003 (c. 37)

414

The Water Act 2003 is amended as follows.

415

In section 3, for “the Environment Agency” and “the Agency”, in each place where they occur, substitute “ the appropriate agency ”.

416

(1) Section 4 is amended as follows.

(2) In subsection (1), in the opening words, for “Environment Agency's” substitute “ appropriate agency's ”.

(3) For “the Agency”, in each place where it occurs, substitute “ the appropriate agency ”.

(4) In subsection (2)(a), for “Environment Agency” substitute “ appropriate agency ”.

417

(1) Section 7 is amended as follows.

(2) In subsection (3)—

(a) for “Agency”, in each place where it occurs, substitute “ appropriate agency ”;

(b) for “Agency's” substitute “ appropriate agency's ”.

418

In section 10(5)(c), for “Agency” substitute “ appropriate agency ”.

419

In section 27(1)(a), for “Environment Agency” substitute “ appropriate agency ”.

420

(1) Section 33 is amended as follows.

(2) In subsection (3)(a), for “Agency” substitute “ appropriate agency ”.

(3) In subsection (5)—

(a) after “Environment Agency” insert “ or of the Natural Resources Body for Wales, whether framed by reference to the appropriate agency or otherwise, ”;

(b) after “the Agency's” insert “ or, as the case may be, the Natural Resources Body for Wales', ”.

421

(1) Section 52 is amended as follows.

(2) In subsection (1)—

(a) at the end of paragraph (c), omit “and”;

(b) after paragraph (c) insert—

(ca) the Natural Resources Body for Wales, and

(3) In subsection (3), for paragraph (c) substitute—

(c) in the case of the Environment Agency and the Natural Resources Body for Wales, to their functions concerning water resources and water pollution so far as they relate to water and sewerage undertakers and licensed water suppliers.

422

In section 102, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

423

In section 103, for “Environment Agency”, in each place where it occurs, substitute “ appropriate agency ”.

424

In section 105(2), after paragraph (b) insert—

(ba) “the appropriate agency” has the meaning given by section 221 of the WRA,

Energy Act 2004 (c. 20)

425

The Energy Act 2004 is amended as follows.

426

In section 14(3)(g), after “the Environment Agency” insert “ , the Natural Resources Body for Wales ”.

427

(1) Schedule 2 is amended as follows.

(2) In paragraph 4(2), after paragraph (b) insert—

(ba) the Natural Resources Body for Wales;

(3) In paragraph 5(9), after paragraph (c) insert—

(ca) the Natural Resources Body for Wales;

428

(1) Schedule 3 is amended as follows.

(2) In paragraph 2(1), after paragraph (b) insert—

(ba) the Natural Resources Body for Wales;

(3) In paragraph 3(8), after paragraph (c) insert—

(ca) the Natural Resources Body for Wales;

Civil Contingencies Act 2004 (c. 36)

429

In Part 1 of Schedule 1 to the Civil Contingencies Act 2004, after paragraph 12 insert—

(12A) The Natural Resources Body for Wales.

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

430

In Schedule 3 to the Public Services Ombudsman (Wales) Act 2005, for “The Countryside Council for Wales” substitute “ The Natural Resources Body for Wales ”.

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

431

The Natural Environment and Rural Communities Act 2006 is amended as follows.

432

In section 32(1)(b), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

433

In section 42(2) and (4), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Commons Act 2006 (c. 26)

434

In Schedule 1 to the Commons Act 2006, in paragraph 1(1)(c) and (2), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Commissioner for Older People (Wales) Act 2006 (c. 30)

435

In Schedule 2 to the Commissioner for Older People (Wales) Act 2006, for “The Countryside Council for Wales” substitute “ The Natural Resources Body for Wales ”.

Government of Wales Act 2006 (c. 32)

436

The Government of Wales Act 2006 is amended as follows.

437

(1) Section 148(2) is amended as follows.

(2) Omit paragraph (b).

(3) After paragraph (k) insert—

(ka) the Natural Resources Body for Wales,

438

In section 152(6), after paragraph (a) insert—

(aa) the Natural Resources Body for Wales, if concerned in the case,

Regulatory Enforcement and Sanctions Act 2008 (c. 13)

439

(1) Schedule 5 to the Regulatory Enforcement and Sanctions Act 2008 is amended as follows.

(2) Omit “Countryside Council for Wales”.

(3) In the appropriate place insert “ Natural Resources Body for Wales ”.

Planning Act 2008 (c. 29)

440

In Schedule 8 to the Planning Act 2008, in paragraph 2, in the subsections (1A)(a) and (5A)(a) to be inserted into section 15 of the Forestry Act 1967 in relation to Wales, for “England and Wales” substitute “ England or Wales ”.

Marine and Coastal Access Act 2009 (c. 23)

441

The Marine and Coastal Access Act 2009 is amended as follows.

442

In section 16(1), after paragraph (e) insert—

(f) the Natural Resources Body for Wales.

443

In section 147(1), in the definition of “the appropriate statutory conservation body”, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

444

In section 149(3), after paragraph (f) insert—

(g) the Natural Resources Body for Wales, in a case where, if the order were made, the IFC district established by the order would adjoin the Welsh inshore region,

445

In section 152(2), after paragraph (g) insert—

(h) the Natural Resources Body for Wales, in a case where the IFC district established by the order adjoins the Welsh inshore region,

446

In section 168(1), after paragraph (b) insert—

(c) the Natural Resources Body for Wales.

447

(1) Section 232 is amended as follows.

(2) In subsection (1), for “the Environment Agency” substitute “ the appropriate agency ”.

(3) In subsection (5)—

(a) for “the Environment Agency”, in each place where it occurs, substitute “ the appropriate agency ”;

(b) in paragraphs (h)(iii) and (j), for “the Agency” substitute “ the appropriate agency ”.

(4) In subsection (8), in the appropriate place insert—

“appropriate agency” means— (a) the Environment Agency, otherwise than in relation to Wales, and (b) the Natural Resources Body for Wales, in relation to Wales;

448

In section 238(3), after paragraph (c) insert—

(ca) byelaws made by the Natural Resources Body for Wales under Schedule 25 to the Water Resources Act 1991;

449

Omit section 313.

Equality Act 2010 (c. 15)

450

(1) Schedule 19 to the Equality Act 2010 is amended as follows.

(2) In Part 2, omit “The Countryside Council for Wales or Cyngor Cefn Gwlad Cymru”.

(3) In Part 4, under the sub-heading “Cross-border Welsh authorities”, after the entry relating to the Environment Agency insert— “ The Natural Resources Body for Wales-A ”.

Flood and Water Management Act 2010 (c. 29)

451

The Flood and Water Management Act 2010 is amended as follows.

452

(1) Section 6 is amended as follows.

(2) In subsection (13), after paragraph (a) insert—

(aa) the Natural Resources Body for Wales,

(3) In subsection (15)(a), for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”.

453

In section 11, after subsection (6) insert—

(6A) In exercising a function in a manner which may affect a flood risk or coastal erosion risk in England, the Natural Resources Body for Wales must have regard to the national and local strategies and guidance.

454

In section 12, after subsection (5) insert—

(5A) In exercising a function in a manner which may affect a flood risk or coastal erosion risk in Wales, the Environment Agency must have regard to the national and local strategies and guidance.

455

In section 13(8), after “the Environment Agency” insert “ or the Natural Resources Body for Wales ”.

456

(1) Section 14 is amended as follows.

(2) In subsection (2)—

(a) at the end of paragraph (a) omit “and”;

(b) after paragraph (a) insert—

(aa) the Natural Resources Body for Wales, and

457

In section 15(10)(b)(ii), for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”.

458

(1) Section 17 is amended as follows.

(2) In subsection (1), after “an area” insert “ in England ”.

(3) After subsection (1) insert—

(1A) The Natural Resources Body for Wales may issue levies to the lead local flood authority for an area in Wales in respect of the Natural Resources Body for Wales' flood and coastal erosion risk management functions in that area.

(4) In subsection (3), for “Agency shall” substitute “ Agency and the Natural Resources Body for Wales shall each ”.

459

(1) Section 18 is amended as follows.

(2) In subsection (1), at the end insert “ in England ”.

(3) After subsection (1) insert—

(1A) The Natural Resources Body for Wales must report to the Minister about flood and coastal erosion risk management in Wales.

(4) Accordingly, the heading to section 18 becomes “ Reports about flood and coastal erosion risk management ”.

460

(1) Section 22 is amended as follows.

(2) In subsection (1), for “Environment Agency” substitute “ appropriate agency ”.

(3) In subsection (2), for “Agency” substitute “ appropriate agency ”.

(4) After subsection (2) insert—

(3) The functions of the appropriate agency under subsection (1)(a) are, in any case affecting both a region that is wholly or mainly in England and a region that is wholly or mainly in Wales, exercisable by the Environment Agency and the Natural Resources Body for Wales acting jointly.

461

(1) Section 23 is amended as follows.

(2) In subsection (1)—

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

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

(3) In subsections (2) to (4), for “Agency” substitute “ appropriate agency ”.

462

(1) Section 25 is amended as follows.

(2) In subsection (1), for “Environment Agency” substitute “ appropriate agency ”.

(3) In subsection (2), for “Agency” substitute “ appropriate agency ”.

463

After section 26 insert—

(26A) “The appropriate agency” In this group of sections, “the appropriate agency” means— (a) the Environment Agency in relation to English Committees, and (b) the Natural Resources Body for Wales in relation to Welsh Committees.

464

(1) Section 38 is amended as follows.

(2) For “the Environment Agency” and “the Agency”, in each place where they occur, substitute “ the appropriate agency ”.

(3) In subsection (4), before paragraph (a) insert—

(za) the other appropriate agency, if— (i) the work is carried out in its area, or (ii) consequences of the kinds listed in subsection (1) are likely to occur in its area,

(4) In subsection (6), for “Agency's” substitute “ appropriate agency's ”.

(5) After subsection (10) insert—

(10A) In this section— “the appropriate agency” means— (a) the Environment Agency, in relation to work for the benefit of England, and (b) the Natural Resources Body for Wales, in relation to work for the benefit of Wales; “area”, in relation to an appropriate agency, means— (a) in the case of the Environment Agency, England, and (b) in the case of the Natural Resources Body for Wales, Wales.

(6) Accordingly, in the heading to section 38, for “Environment Agency” substitute “ appropriate agency ”.

465

(1) Section 39 is amended as follows.

(2) In subsections (4) and (8), for “Environment Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) After subsection (14) insert—

(14A) In this section, “the appropriate agency” means— (a) the Environment Agency, in relation to work in England, and (b) the Natural Resources Body for Wales in relation to work in Wales.

466

(1) Schedule 1 is amended as follows.

(2) In paragraph 1, after paragraph (a) insert—

(aa) the Natural Resources Body for Wales,

(3) In paragraph 6, after sub-paragraph (4) insert—

(4A) Before exercising a function under this paragraph in relation to an alteration, removal or replacement which may affect a flood or coastal erosion risk in Wales, the Environment Agency must consult the Natural Resources Body for Wales. (4B) Before exercising a function under this paragraph in relation to an alteration, removal or replacement which may affect a flood or coastal erosion risk in England, the Natural Resources Body for Wales must consult the Environment Agency.

467

(1) In Schedule 3, paragraph 11(3) is amended as follows.

(2) In paragraph (b), after “watercourse” insert “ in England ”.

(3) After paragraph (b) insert—

(ba) the Natural Resources Body for Wales, if the drainage system directly or indirectly involves the discharge of water into a watercourse in Wales;

468

(1) In Schedule 4, in the provisions to which this paragraph applies, for “the Environment Agency” and “the Agency”, in each place where they occur, substitute “ the appropriate agency ”.

(2) This paragraph applies to the following provisions in Schedule 4—

(a) in paragraph 7, the sections 2A to 2D to be inserted into the Reservoirs Act 1975;

(b) in paragraph 12(5), the section 10(3A) to be inserted into that Act;

(d) in paragraph 33, the section 21A to be inserted into that Act;

(e) in paragraph 36, the section 22C to be inserted into that Act.

PART 2 — Local Acts

Interpretation

469

In this Part, a “relevant reference” (“cyfeiriad perthnasol”) means a reference which has effect as a reference to the Environment Agency.

Dee Conservancy Act 1889 (c. clvi)

470

In the Dee Conservancy Act 1889, any relevant reference is to be treated as a reference to the Natural Resources Body for Wales.

Dee and Clwyd River Authority Act 1973 (c. xxix)

471

In the Dee and Clwyd River Authority Act 1973, any relevant reference is to be treated as a reference to the Environment Agency and the Natural Resources Body for Wales acting jointly.

SCHEDULE 3 — ASSEMBLY MEASURES

Children and Families (Wales) Measure 2010 (nawm 1)

1

In section 6(1)(f) of the Children and Families (Wales) Measure 2010, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Waste (Wales) Measure 2010 (nawm 8)

2

In sections 8(1)(a), 11(1)(a) and 16(1)(a) of the Waste (Wales) Measure 2010, for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”.

Welsh Language (Wales) Measure 2011 (nawm 1)

3

(1) In Schedule 6 to the Welsh Language (Wales) Measure 2011, the table is amended as follows.

(2) Omit the entry relating to the Countryside Council for Wales.

(3) In the appropriate place insert—

The Natural Resources Body for Wales (“Corff Adnoddau Naturiol Cymru”)	Service delivery standards
	Policy making standards
	Operational standards
	Record keeping standards

SCHEDULE 4 — UK STATUTORY INSTRUMENTS

Burry Inlet Cockle Fishery Order 1965

1

The Burry Inlet Cockle Fishery Order 1965 is amended as follows.

2

(1) Article 2 is amended as follows.

(2) In paragraph (1), for “the Environment Agency (hereinafter referred to as “the Agency”)” substitute “ the Natural Resources Body for Wales (hereinafter referred to as “the NRBW”) ”.

(3) In paragraph (3), for “Agency” substitute “ NRBW ”.

3

In articles 3 to 9, for “Agency”, in each place where it occurs, substitute “ NRBW ”.

Salmon and Migratory Trout (Restrictions on Landing) Order 1972

4

(1) Article 4 of the Salmon and Migratory Trout (Restrictions on Landing) Order 1972 is amended as follows.

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

(3) After paragraph (1) insert—

(2) For the purposes of paragraph (1), the Natural Resources Body for Wales is the River Authority having jurisdiction in any waters included in the area in relation to which that Body exercises its functions relating to fisheries by virtue of section 6(7A) of the Environment Act 1995.

Plant Varieties and Seeds Tribunal Rules 1974

5

The Plant Varieties and Seeds Tribunal Rules 1974 are amended as follows.

6

(1) Rule 2(1) is amended as follows.

(2) In the definition of “respondent authority”, in paragraph (a), for “, the Forestry Commissioners;” substitute—

— (i) the Forestry Commissioners, where the appeal is made against their decision; (ii) the Welsh Ministers, where the appeal is made against their decision;

7

(1) In Schedule 1, Form 8 is amended as follows.

(2) In paragraph 1(c), for “the Forestry Commissioners” substitute “ (the Forestry Commissioners) (or the Welsh Ministers) ”.

Forestry (Felling of Trees) Regulations 1979

8

The Forestry (Felling of Trees) Regulations 1979 are amended as follows.

9

In regulation 3(1)—

(a) in the definition of “the conservator”, after “the Commissioners'” insert “ or the NRBW's ”;

(b) in the appropriate place insert—

“the NRBW” means the Natural Resources Body for Wales;

10

In regulation 4, after “the Commissioners” insert “ or the NRBW ”.

11

In regulation 6—

(a) after “the Commissioners” insert “ or the NRBW ”;

(b) after “the Commissioners'” insert “ or the NRBW's ”.

12

In regulations 7, 8A, 9, 10, 12(1), 13 and 15, after “the Commissioners” insert “ or the NRBW ”.

13

In regulation 16 after “The Commissioners” insert “ , the NRBW ”.

14

(1) Schedule 1 is amended as follows.

(2) In Forms 1, 3 and 10—

(a) after “Commissioners”, in each place where it occurs, insert “ * ”;

(b) after “Commission”, in each place where it occurs, insert “ * ”;

in relation to Wales, “the Natural Resources Body for Wales” must be substituted for the Forestry Commissioners , “the Commissioners” and “Forestry Commission” in this form

(3) In Forms 4 to 9—

(a) after “Commissioners”, in each place where it occurs, insert “ * ”;

(b) at the end of each form insert—

in relation to Wales, “the Natural Resources Body for Wales” must be substituted for the Forestry Commissioners in this form

Forestry (Exceptions from Restriction of Felling) Regulations 1979

15

(1) Regulation 4(5) of the Forestry (Exceptions from Restriction of Felling) Regulations 1979 is amended as follows.

(2) After “the Commissioners”, in the first place where it occurs, insert “ or the Natural Resources Body for Wales ”.

(3) After “the Commissioners”, in the second place where it occurs, insert “ , the Natural Resources Body for Wales ”.

(4) In sub-paragraph (a)(ii)—

(a) omit “Forestry”;

(b) after “Commissioners” insert “ or the Natural Resources Body for Wales ”.

(5) In sub-paragraph (b), after “the Commissioners”, in each place where it occurs, insert “ or the Natural Resources Body for Wales ”.

Forestry Commission Byelaws 1982

16

The Forestry Commission Byelaws 1982 are amended as follows.

17

(1) Byelaw 2 is amended as follows.

(2) For “the Commissioners”, in each place where it occurs except in the definition of “the Commissioners”, substitute “the appropriate forestry authority”.

(3) In the appropriate place insert—

“the appropriate forestry authority” means— (a) in relation to England, the Commissioners; (b) in relation to Wales, the Natural Resources Body for Wales;

18

In byelaws 3, 5, 6 and 7, for “the Commissioners”, in each place where it occurs, substitute “ the appropriate forestry authority ”.

19

In Schedule 1, omit “In the County of Gwent, the part of Monmouth Community which is situated east of River Wye”.

Drought Orders (Inquiries Procedure) Rules 1984

20

(1) Rule 3 of the Drought Orders (Inquiries Procedure) Rules 1984 is amended as follows.

(2) After the definition of “appointed person” insert—

“appropriate agency” means— (a) the Environment Agency, in relation to England; (b) the Natural Resources Body for Wales, in relation to Wales;

(3) In the definition of “the authority”, for the words from “means” to “or” substitute “ means the appropriate agency or ”.

Control of Pesticides Regulations 1986

21

(1) Schedule 4 to the Control of Pesticides Regulations 1986 is amended as follows.

(2) In paragraph 2(1)(b), for “England and Wales)” substitute “ England), the Natural Resources Body for Wales (if the area in which the intended aerial application is to take place is in Wales) ”.

(3) In paragraph 6, in the definition of “appropriate nature conservation agency”, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Sludge (Use in Agriculture) Regulations 1989

22

The Sludge (Use in Agriculture) Regulations 1989 are amended as follows.

23

In regulations 7(1) and 8(2), after “Scottish Environment Protection Agency”, in each place where it occurs, insert “ or, in Wales, the Natural Resources Body for Wales ”.

24

In regulation 11(1), for “The Environment Agency” substitute “ The Natural Resources Body for Wales ”.

25

In Schedule 2, in paragraph 2(2)(c), after “Scottish Environment Protection Agency” insert “ or, in Wales, the Natural Resources Body for Wales ”.

Road Vehicles Lighting Regulations 1989

26

(1) Regulation 3(2) of the Road Vehicles Lighting Regulations 1989 is amended as follows.

(2) In the Table, in the definition of “Emergency vehicle”, in column 2, after paragraph (d) insert—

(da) a vehicle owned by the Natural Resources Body for Wales for the purposes of its functions relating to forestry and woodlands and used from time to time for the purposes of fighting fires;

General Drainage Charges (Forms) Regulations 1990

27

The General Drainage Charges (Forms) Regulations 1990 are amended as follows.

28

In regulations 2 and 3, for the words from “by” to “shall” substitute “ by the Environment Agency or the Natural Resources Body for Wales shall ”.

29

(1) The Schedule is amended as follows.

(2) In Form 1—

(a) for the words before “, in exercise” substitute “ The [Environment Agency] [Natural Resources Body for Wales] (delete as appropriate) ”;

(b) for the words from “Seal” to “is” substitute “ Seal of the [Environment Agency] [Natural Resources Body for Wales] (delete as appropriate) is ”;

(c) for the words from “resolution” to “dated” substitute “ resolution of the [Environment Agency] [Natural Resources Body for Wales] (delete as appropriate) dated ”.

(3) In Form 2—

(a) in the heading, for the second line substitute— “ The [Environment Agency] [Natural Resources Body for Wales] (delete as appropriate) ”;

(b) in the first paragraph, for the words before “have raised” substitute “ The [Environment Agency] [Natural Resources Body for Wales] (delete as appropriate) ”;

(c) in the paragraph following the table, for the words from “to the” to “Region” substitute “ to the [Environment Agency Region] [Natural Resources Body for Wales] (delete as appropriate) ”;

(d) for the paragraph beginning “By order” substitute— “ By order of the [Environment Agency] [Natural Resources Body for Wales] (delete as appropriate) ”;

(e) in note (a), for the words from “known to” to “insert” substitute “ known to the Environment Agency or the Natural Resources Body for Wales (as appropriate), insert ”.

Planning (Hazardous Substances) Regulations 1992

30

(1) Regulation 10(1) of the Planning (Hazardous Substances) Regulations 1992 is amended as follows.

(2) For sub-paragraph (e) substitute—

(e) the Environment Agency, where the land to which the application relates is in England; (ea) the Natural Resources Body for Wales, where the land to which the application relates is in Wales;

(3) In sub-paragraph (l), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Town and Country Planning (Control of Advertisements) Regulations 1992

31

In regulation 2(1) of the Town and Country Planning (Control of Advertisements) Regulations 1992 , in the definition of “statutory undertaker”, for the words from “postal service” (in the second place where it occurs) to “water” substitute “ postal service, the Environment Agency, the Natural Resources Body for Wales, any water ”.

Housing (Right to Buy) (Prescribed Persons) Order 1992

32

In the Schedule to the Housing (Right to Buy) (Prescribed Persons) Order 1992 , for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Public Path Orders Regulations 1993

33

In Schedule 1 to the Public Path Orders Regulations 1993 , in Forms 2 and 3, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

General Drainage Charges (Relevant Quotient) Regulations 1993

34

In regulation 3 of the General Drainage Charges (Relevant Quotient) Regulations 1993 , for the words from “issued by” to “Regulations 1993” substitute “ issued by the Environment Agency or the Natural Resources Body for Wales in respect of the district under the Flood and Coastal Erosion Risk Management (Levies) (England and Wales) Regulations 2011 ”.

Drainage Rates (Forms) Regulations 1993

35

(1) In the Schedule to the Drainage Rates (Forms) Regulations 1993 , Form 2 is amended as follows.

(2) For the entry beginning “Contributions to” substitute— “ Contributions to the [Environment Agency] [Natural Resources Body for Wales] (delete as appropriate) ”.

(3) For the entry beginning “Contribution from” substitute— “ Contribution from the [Environment Agency] [Natural Resources Body for Wales] (delete as appropriate) ”.

Surface Waters (River Ecosystem) (Classification) Regulations 1994

36

In regulation 3 of the Surface Waters (River Ecosystem) (Classification) Regulations 1994 , in the closing words, for the words from “determined by” to “accordance” substitute “ determined by the appropriate agency in accordance ”.

Urban Waste Water Treatment (England and Wales) Regulations 1994

37

The Urban Waste Water Treatment (England and Wales) Regulations 1994 are amended as follows.

38

In regulation 2(1), in the appropriate places insert the following definitions—

“the appropriate agency” means—

in relation to England, the Environment Agency;

in relation to Wales, the Natural Resources Body for Wales;

“England” includes the territorial sea adjacent to England not forming any part of Wales;

“Wales” has the meaning given by section 158 of the Government of Wales Act 2006.

39

In regulation 3(1), in sub-paragraphs (a) and (b), for the words from “with” to “for” substitute “ with the appropriate agency for ”.

40

(1) Regulation 4 is amended as follows.

(2) In paragraph (3)—

(a) in sub-paragraph (a), for the words before “has certified” substitute “ the appropriate agency ”;

(b) in the closing words, for the words from “provided” to “has” substitute “ provided and the appropriate agency has ”.

41

(1) Regulation 5 is amended as follows.

(2) In paragraph (3), for the words from “where” to “has” substitute “ where the appropriate agency has ”.

(3) In paragraph (5)(b), for the words before “has certified” substitute “ the appropriate agency ”.

(4) In paragraph (6), for the words before “shall provide” substitute “ The appropriate agency ”.

42

(1) Regulation 6 is amended as follows.

(2) In paragraph (2), in the opening words, for the words from “duty” to “its” substitute “ duty of the Environment Agency and of the Natural Resources Body for Wales, in exercising their ”.

(3) In paragraph (3), for the words before “shall” substitute “ The Environment Agency or, as the case may be, the Natural Resources Body for Wales ”.

43

In regulation 8(2), after “Environment Agency” insert “ or, as the case may be, the Natural Resources Body for Wales ”.

44

In regulation 10(6), for the words after “behalf” substitute “ of the appropriate agency ”.

45

(1) Regulation 11 is amended as follows.

(2) In paragraph (1), in the opening words, for the words after “duty” substitute “ of the appropriate agency ”.

(3) In paragraph (3), for the words before “shall retain” substitute “ The appropriate agency ”.

46

In regulation 12, in the opening words, for the words before “shall” substitute “ The appropriate agency ”.

47

(1) Part 2 of Schedule 3 is amended as follows.

(2) In paragraph 1, in sub-paragraphs (a) and (c), for the words before “shall” substitute “ The appropriate agency ”.

Town and Country Planning (General Permitted Development) Order 1995

48

The Town and Country Planning (General Permitted Development) Order 1995 is amended as follows.

49

In article 1(2)—

(a) in the definition of “area of outstanding natural beauty”, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”;

(b) in the definition of “statutory undertaker”, for the words from “Authority” to “water” substitute “ Authority, the Environment Agency, the Natural Resources Body for Wales, any water ”.

50

(1) Schedule 2 is amended as follows.

(2) In Part 14, for the words after “other than” substitute “ the Environment Agency and the Natural Resources Body for Wales ”.

(3) In Part 15, in paragraph A, for the words from “by the” to “functions” substitute “ by the Environment Agency or the Natural Resources Body for Wales for the purposes of their respective functions ”.

(4) Accordingly, the heading to Part 15 becomes “ Development by the Environment Agency and the Natural Resources Body for Wales ”.

National Park Authorities (Wales) Order 1995

51

The National Park Authorities (Wales) Order 1995 is amended as follows.

52

In articles 9 and 13, and in Schedule 3, in paragraphs 6(2)(b) and 9, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

European Communities (Designation) Order 1996

53

(1) The Schedule to the European Communities (Designation) Order 1996 is amended as follows.

(2) In the entry in Column (2) relating to the Forestry Commissioners, after “Measures” insert “ applying otherwise than in relation to Wales ”.

(3) After the entry relating to the Forestry Commissioners insert—

The Welsh Ministers	Measures applying in relation to Wales and relating to the common agricultural policy of the European Union in respect of forestry.

Environmental Licences (Suspension and Revocation) Regulations 1996

54

(1) Regulation 3 of the Environmental Licences (Suspension and Revocation) Regulations 1996 is amended as follows.

(2) In the opening words, for “a new Agency” substitute “ the Agency, the Natural Resources Body for Wales or SEPA ”.

(3) In paragraphs (a) and (b), for “new Agency” substitute “ body in question ”.

Landfill Tax Regulations 1996

55

In regulation 21(5) of the Landfill Tax Regulations 1996 , after sub-paragraph (a) insert—

(aa) the Natural Resources Body for Wales;

Welsh Language Schemes (Public Bodies) Order 1996

56

In the Schedule to the Welsh Language Schemes (Public Bodies) Order 1996 , omit the entries relating to the Countryside Council for Wales.

Control of Pollution (Applications, Appeals and Registers) Regulations 1996

57

The Control of Pollution (Applications, Appeals and Registers) Regulations 1996 are amended as follows.

58

In the following provisions, for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate agency ” and “appropriate agency's” respectively—

(a) in regulation 1(2), the definition of “register”;

(b) regulation 8;

59

(1) Regulation 12 is amended as follows.

(2) In paragraph (1), for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) In paragraph (6), after sub-paragraph (a) omit “and” and insert—

(aa) the NRBW, if the appeal relates to information which the NRBW has determined is not commercially confidential; and

(4) In sub-paragraph (b), after “Agency” insert “ , if the appeal relates to information which the Agency has determined is not commercially confidential ”.

60

In regulations 13(2)(a) and 15 to 17, for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

Surface Waters (Abstraction for Drinking Water) (Classification) Regulations 1996

61

The Surface Waters (Abstraction for Drinking Water) (Classification) Regulations 1996 are amended as follows.

62

In regulations 4 to 7, for “the Environment Agency” and “the Agency”, in each place where they occur, substitute “ the appropriate agency ”.

Code of Practice on Environmental Procedures for Flood Defence Operating Authorities (Environment Agency) Approval Order 1996

63

The Code of Practice on Environmental Procedures for Flood Defence Operating Authorities (Environment Agency) Approval Order 1996 is amended as follows.

64

In the title to the Order and in article 1, after “Environment Agency” insert “ and Natural Resources Body for Wales ”.

65

(1) Article 2 is amended as follows.

(2) In sub-paragraph (a)—

(a) after “the Environment Agency” insert “ and the Natural Resources Body for Wales ”;

(b) for “section 6(1), 7 and 8” substitute “ the provisions specified in section 9(5) ”.

(3) In sub-paragraph (b), after “the Environment Agency” insert “ and the Natural Resources Body for Wales ”.

Hedgerows Regulations 1997

66

(1) Part 2 of Schedule 1 to the Hedgerows Regulations 1997 is amended as follows.

(2) In paragraph 6(1)(b), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Surface Waters (Fishlife) (Classification) Regulations 1997

67

The Surface Waters (Fishlife) (Classification) Regulations 1997 are amended as follows.

68

(1) Regulation 4 is amended as follows.

(2) For “Environment Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) In paragraph (5)—

(a) in the opening words, for “Environment Agency's” substitute “ appropriate agency's ”;

(b) in sub-paragraphs (a) and (b), for “Agency” substitute “ appropriate agency ”.

69

In regulation 5(1), for “Agency” substitute “ appropriate agency ”.

70

In regulation 6(3), for “Environment Agency” substitute “ appropriate agency ”.

71

In Part 1 of the Schedule, in the Table, for “the Environment Agency” and “the Agency”, in each place where they occur, substitute “ the appropriate agency ”.

Surface Waters (Shellfish) (Classification) Regulations 1997

72

The Surface Waters (Shellfish) (Classification) Regulations 1997 are amended as follows.

73

(1) Regulation 4 is amended as follows.

(2) For “Environment Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) In paragraph (5)—

(a) for “Environment Agency's” substitute “ appropriate agency's ”;

(b) for “Agency” substitute “ appropriate agency ”.

74

In regulation 5, for “Agency” substitute “ appropriate agency ”.

75

In regulation 6(3), for “Environment Agency” substitute “ appropriate agency ”.

Surface Waters (Dangerous Substances) (Classification) Regulations 1997

76

In regulation 4 of the Surface Waters (Dangerous Substances) (Classification) Regulations 1997 , for “the Environment Agency” and “the Agency” substitute “ the appropriate agency ”.

Surface Waters (Dangerous Substances) (Classification) Regulations 1998

77

In regulation 4 of the Surface Waters (Dangerous Substances) (Classification) Regulations 1998 , for “the Environment Agency” and “the Agency” substitute “ the appropriate agency ”.

Mines (Notice of Abandonment) Regulations 1998

78

In regulation 2 of the Mines (Notice of Abandonment) Regulations 1998 , after “Agency” insert “ or the NRBW ”.

Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999

79

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999

80

The Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999 are amended as follows.

81

(1) In regulation 2(1), the definition of “sensitive area” is amended as follows.

(2) In sub-paragraph (f), omit “or the Countryside Council for Wales, as respects Wales,”.

(3) After sub-paragraph (f) insert—

(fa) an area of outstanding natural beauty in Wales designated as such by an order made— (i) under section 87 (designation of areas of outstanding natural beauty) of the National Parks and Access to the Countryside Act 1949; or (ii) under section 82 (designation of areas) of the Countryside and Rights of Way Act 2000;

82

In Schedule 3, in paragraph 2(c), for “, the Countryside Council for Wales and the Environment Agency” substitute “ and the Natural Resources Body for Wales ”.

National Assembly for Wales (Transfer of Functions) Order 1999

83

(1) Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 is amended as follows.

(2) In the entry relating to the Opencast Coal Act 1958—

(a) for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”;

(b) after “Environment Act 1995 (Consequential Amendments) Regulations 1996 (S.I. 1996/593)” insert “ and by the Natural Resources Body for Wales (Functions) Order 2013 ”.

Control of Major Accident Hazards Regulations 1999

84

The Control of Major Accident Hazards Regulations 1999 are amended as follows .

85

(1) Regulation 2(1) is amended as follows.

(2) Omit the definition of “the Agency”.

(3) In the appropriate place insert—

“appropriate agency” in relation to an establishment in— (a) England, means the Environment Agency; (b) Scotland, means the Scottish Environment Protection Agency; (c) Wales, means the Natural Resources Body for Wales;

(4) In the definition of “competent authority”, for “Agency” substitute “ appropriate agency ”.

86

In regulations 7, 9, 10, 20 and 22, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

Water Protection Zone (River Dee Catchment) (Designation) Order 1999

87

In article 3 of the Water Protection Zone (River Dee Catchment) (Designation) Order 1999 , for “the Environment Agency at Chester Road, Buckley, Clwyd” substitute “ the Natural Resources Body for Wales at Chester Road, Buckley, Flintshire ”.

Water Protection Zone (River Dee Catchment) (Procedural and Other Provisions) Regulations 1999

88

The Water Protection Zone (River Dee Catchment) (Procedural and Other Provisions) Regulations 1999 are amended as follows.

89

In regulations 2(5) and 4 to 14, for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

90

In regulation 7(2)(c), omit “or, in Wales, the Countryside Council for Wales”.

Anti-Pollution Works Regulations 1999

91

The Anti-Pollution Works Regulations 1999 are amended as follows.

92

In regulations 1 to 4 and 6(2), for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999

93

(1) Regulation 2(1) of the Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999 is amended as follows.

(2) In the definition of “the consultation bodies”, in paragraph (d), for “the Countryside Council for Wales and the Environment Agency” substitute “ the Natural Resources Body for Wales ”.

Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999

94

(1) Regulation 2(1) of the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999 is amended as follows.

(2) In the definition of “consultation bodies”, in paragraph (b), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

(3) In the definition of “drainage body”, after paragraph (a) insert—

(aa) the Natural Resources Body for Wales;

Town and Country Planning (Trees) Regulations 1999

95

The Town and Country Planning (Trees) Regulations 1999 are amended as follows.

96

(1) Regulation 10(1) is amended as follows.

(2) For “the Forestry Commissioners”, in each place where it occurs, substitute “ the Natural Resources Body for Wales ”.

(3) In sub-paragraph (b), omit “Commissioners'”.

(4) In sub-paragraph (c), for “section 1 (finance for forestry) of the Forestry Act 1979” substitute “ article 10B of the Natural Resources Body for Wales (Establishment) Order 2012 for or in connection with the use or management of land for forestry purposes ”.

97

(1) The Schedule is amended as follows.

(2) In paragraph 4, after “Forestry Commissioners” insert “ and Natural Resources Body for Wales ”.

(3) In paragraph 5(1)(e)—

(a) for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”;

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