Legalize / United Kingdom / Wales / Welsh-Statutory-Instrument

The Natural Resources Body for Wales (Functions) Order 2013

Type Welsh-Statutory-Instrument

Publication 2013-03-25

Last updated 2020-12-31

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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

188

In Part 2 of Schedule 2, after paragraph 29 insert—

(30) The Water Protection Zone (River Dee Catchment) (Procedural and Other Provisions) Regulations 1999. (31) The Natural Resources Body for Wales (Establishment) Order 2012. (32) The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003.

Environmental Assessment of Plans and Programmes Regulations 2004

189

In regulation 4(4)(b) of the Environmental Assessment of Plans and Programmes Regulations 2004 , for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004

190

The Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004 is amended as follows.

191

(1) Article 2 is amended as follows.

(2) In the appropriate place insert—

“the appropriate authority” means— (a) in relation to England and Scotland, the Forestry Commissioners; (b) in relation to Wales, the Welsh Ministers;

(3) For the definition of “authorised officer” substitute—

“authorised officer” means— (a) in relation to England and Scotland, an officer of the Forestry Commissioners or any person, whether or not an officer of the Forestry Commissioners, authorised by the Forestry Commissioners to be an inspector for the purposes of the Plant Health (Forestry) Order 2005; (b) in relation to Wales, an officer of the Welsh Ministers or any person, whether or not an officer of the Welsh Ministers, authorised by the Welsh Ministers to be an inspector for the purposes of the Plant Health (Forestry) Order 2005;

(4) In the definitions of “phytosanitary certificate” and “reforwarding phytosanitary certificate”, for “the Forestry Commissioners” substitute “ the appropriate authority ”.

192

In articles 3 and 4, for “the Forestry Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2004

193

The Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2004 is amended as follows.

194

(1) Article 2 is amended as follows.

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

“the appropriate authority” means—

the Commissioners, in relation to England and Scotland;

the Welsh Ministers, in relation to Wales;

“Commissioners” means the Forestry Commissioners;

“relevant territory” means— (a) England and Scotland; and (b) Wales;

(3) For the definition of “inspector” substitute—

“inspector” means— (a) an inspector appointed by the Commissioners for the purposes of the Plant Health (Forestry) Order 2005 in relation to— (i) the landing of any susceptible tree or susceptible wood in England or Scotland; and (ii) any premises in England or Scotland; (b) an inspector appointed by the Welsh Ministers for the purposes of the Plant Health (Forestry) Order 2005 in relation to— (i) the landing of any susceptible tree or susceptible wood in Wales; and (ii) any premises in Wales;

195

In articles 3 and 4, for “Great Britain”, in each place where it occurs (including in the heading to article 3), substitute “ a relevant territory ”.

196

(1) Article 5 is amended as follows.

(2) In paragraph (1)—

(a) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

(b) for “Great Britain”, in the second place where it occurs, substitute “ that relevant territory ”.

(3) In paragraph (2), for “Great Britain” substitute “ a relevant territory ”.

197

In article 6(2) and (3), for “Commissioners”, in each place where it occurs, substitute “ appropriate authority ”.

198

In article 8(2), for “another part of the United Kingdom” substitute “ a part of the United Kingdom other than a relevant territory ”.

199

(1) Article 10(3) is amended as follows.

(2) For “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”.

(3) For “Great Britain”, in the second place where it occurs, substitute “ that relevant territory ”.

200

In article 13(1A), for “Great Britain” substitute “ a relevant territory ”.

End-of-Life Vehicles (Producer Responsibility) Regulations 2005

201

(1) Regulation 24(4) of the End-of-Life Vehicles (Producer Responsibility) Regulations 2005 is amended as follows.

(2) In sub-paragraph (a), omit “and Wales”.

(3) After sub-paragraph (a) insert—

(aa) Wales, the Natural Resources Body for Wales;

Charities (National Trust) Order 2005

202

(1) The Appendix to the Charities (National Trust) Order 2005 is amended as follows.

(2) In Part 3 of the Schedule—

(a) omit “Countryside Council for Wales”;

(b) in the appropriate place insert “ Natural Resources Body for Wales ”.

Hazardous Waste (England and Wales) Regulations 2005

203

The Hazardous Waste (England and Wales) Regulations 2005 are amended as follows.

204

In regulation 11, after sub-paragraph (a) insert—

(aa) the Natural Resources Body for Wales;

205

(1) Schedule 7 is amended as follows.

(2) In paragraph 4(3)(b), after “from Northern Ireland)” insert “ or the Natural Resources Body for Wales (where the waste is transported from Wales) ”.

(3) In paragraph 5—

(a) after “or Northern Ireland” insert “ or Wales ”;

(b) after “from Northern Ireland)” insert “ or the Natural Resources Body for Wales (where the waste is transported from Wales) ”.

(4) In paragraph 6—

(a) in sub-paragraph (1), after “or Northern Ireland” insert “ or Wales ”;

(b) in sub-paragraph (2)(a)(i), after “in Northern Ireland)” insert “ , or for the Natural Resources Body for Wales (where the waste is to be consigned to a consignee in Wales) ”.

Drought Plan Regulations 2005

206

In regulation 2(2)(i) of the Drought Plan Regulations 2005 , omit “the Countryside Council for Wales and”.

Plant Health (Forestry) Order 2005

207

The Plant Health (Forestry) Order 2005 is amended as follows .

208

(1) Article 2 is amended as follows.

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

“the appropriate authority” means—

the Commissioners, in relation to England and Scotland;

the Welsh Ministers, in relation to Wales;

“relevant territory” means— (a) England and Scotland; and (b) Wales;

(3) In the definition of “EC transit goods”, for “Great Britain” substitute “ a relevant territory ”.

(4) For the definition of “inspector” substitute—

“inspector” means any person authorised by the Commissioners or the Welsh Ministers to be an inspector for the purposes of this Order (see article 2A for further provision about inspectors);

(5) In the definition of “landed”, for “Great Britain” substitute “ a relevant territory ”.

(6) For the definition of “register” substitute—

“registers” means the registers of forestry traders maintained under article 24(1) and (2);

(7) In the definition of “registered”, for “register” substitute “ either or both of the registers ”.

(8) In the definition of “trees intended for planting”, for “Great Britain” substitute “ a relevant territory ”.

(9) After paragraph (3) insert—

(3A) In articles 4(1), 7(6)(b), 11(c), 12(6), 18(1), 20(3), (4), (5) and (6) and 29(4), any reference to another part of the European Union is a reference to any part of the European Union except a relevant territory.

209

After article 2 insert—

(2A) (1) The functions of an inspector under articles 9, 10, 12, 13, 23 and 31(1) to (3) are exercisable— (a) in relation to tree pests and relevant material landed in England or Scotland, by an inspector authorised by the Commissioners; (b) in relation to tree pests and relevant material landed in Wales, by an inspector authorised by the Welsh Ministers. (2) The functions of an inspector under article 30 are exercisable— (a) in relation to compliance with the provisions of this Order in England or Scotland, by an inspector authorised by the Commissioners; (b) in relation to compliance with the provisions of this Order in Wales, by an inspector authorised by the Welsh Ministers. (3) The functions of an inspector under articles 31(4) to (7), 32, 40, and 41 are exercisable— (a) in relation to premises or a free zone in England or Scotland, by an inspector authorised by the Commissioners; (b) in relation to premises or a free zone in Wales, by an inspector authorised by the Welsh Ministers. (4) In paragraph (5)— (a) “supplementary function” means a function of an inspector under articles 33, 35, 36 and 37; (b) “related function” means the function of an inspector under this Order in relation to which a supplementary function is exercised. (5) A supplementary function is exercisable either by an inspector authorised by the Commissioners or by an inspector authorised by the Welsh Ministers according as the related function is exercisable under this article. (6) The functions of an inspector under article 42 are exercisable— (a) by an inspector authorised by the Commissioners in relation to— (i) premises in England or Scotland in respect of which a notice has been served under this Order; (ii) possession or control of tree pests or relevant material in England or Scotland; and (iii) sale or other disposal of tree pests or relevant material in England or Scotland; (b) by an inspector authorised by the Welsh Ministers in relation to— (i) premises in Wales in respect of which a notice has been served under this Order; (ii) possession or control of tree pests or relevant material in Wales; and (iii) sale or other disposal of tree pests or relevant material in Wales.

210

In article 3, in the definition of “approved place of inspection”, for “the Commissioners” substitute “ the appropriate authority ”.

211

(1) Article 4 is amended as follows.

(2) In paragraph (1), for “Great Britain” substitute “ a relevant territory ”.

(3) In paragraph (2), for “the Commissioners” substitute “ the appropriate authority ”.

212

(1) Article 6 is amended as follows.

(2) In paragraph (1)—

(a) for “Great Britain” substitute “ a relevant territory ”;

(b) after “notice” insert “ to the appropriate authority ”.

(3) In paragraph (2)—

(a) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

(b) for “Great Britain”, in the second place where it occurs, substitute “ that relevant territory ”.

(4) In paragraphs (3) and (4), for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

213

(1) Article 7 is amended as follows.

(2) In paragraphs (1), (2) and (3), for “Great Britain”, in each place where it occurs, substitute “ a relevant territory ”.

(3) In paragraph (6)—

(a) in sub-paragraph (a), for “Great Britain” substitute “ a relevant territory ”;

(b) in sub-paragraph (b)—

(i) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

(ii) for “Great Britain”, in the second place where it occurs, substitute “ that relevant territory ”.

214

(1) Article 8(1) is amended as follows.

(2) For “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”.

(3) For “Great Britain”, in the second place where it occurs, substitute “ the relevant territory ”.

215

In article 9(3), for “Great Britain” substitute “ a relevant territory ”.

216

(1) Article 10(2) is amended as follows.

(2) In sub-paragraph (a), for “Great Britain” substitute “ a relevant territory ”.

(3) In sub-paragraph (b), for “control by the Commissioners” substitute “ control by the appropriate authority ”.

217

In article 11(c), for “Great Britain” substitute “ a relevant territory ”.

218

(1) Article 12 is amended as follows.

(2) In paragraph (5)—

(a) for “Great Britain” substitute “ a relevant territory ”;

(b) for “the Commissioners” substitute “ the appropriate authority ”.

(3) In paragraph (6)—

(a) for “Great Britain” substitute “ a relevant territory ”;

(b) for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

(4) In paragraph (7), for “the Commissioners” substitute “ the appropriate authority ”.

219

(1) Article 16 is amended as follows.

(2) In paragraph (2)—

(a) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

(b) for “Great Britain”, in the second place where it occurs, substitute “ that relevant territory ”;

(3) In paragraphs (3) and (4), for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

220

(1) Article 17 is amended as follows.

(2) In paragraph (1)—

(a) for “the Commissioners” substitute “ the appropriate authority ”;

(b) after “destination” insert “ , within the relevant territory, ”.

(3) In paragraphs (2) to (4), for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

(4) In paragraph (5), for “the Commissioners may” substitute “ the appropriate authority may ”.

221

(1) Article 18 is amended as follows.

(2) In paragraph (1)—

(a) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

(b) for “Great Britain”, in the second place where it occurs, substitute “ that relevant territory ”.

(3) In paragraph (2), for “Great Britain” substitute “ a relevant territory ”.

222

In article 19(1), after “shall” insert “ , in a relevant territory, ”

223

(1) Article 20 is amended as follows.

(2) In paragraph (1)—

(a) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

(b) for “consigned to Great Britain from” substitute “ originating in that relevant territory or ”.

(3) In paragraph (2)—

(a) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

(b) for “consigned to Great Britain from” substitute “ originating in that relevant territory or ”;

(4) In paragraph (3)—

(a) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

(b) for “Great Britain”, in the second place where it occurs, substitute “ either relevant territory ”.

(5) In paragraph (4)—

(a) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

(b) for “Great Britain”, in the second place where it occurs, substitute “ either relevant territory ”;

(c) for “Great Britain”, in the last place where it occurs, substitute “ the relevant territory in which the movement takes place ”.

(6) In paragraphs (5) and (6), for “Great Britain”, in each place where it occurs, substitute “ a relevant territory ”.

(7) In paragraph (7), for “the Commissioners” substitute “ the appropriate authority ”.

224

(1) Article 22 is amended as follows.

(2) In paragraph (1)—

(a) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

(b) for “Great Britain”, in the last place where it occurs, substitute “ that relevant territory ”.

(3) In paragraph (3)—

(a) in sub-paragraph (a), for “Great Britain”, in the first place where it occurs, substitute “ the relevant territory ”;

(b) in sub-paragraph (b), for “Great Britain”, in each place where it occurs, substitute “ the relevant territory ”.

225

For article 24 substitute—

(24) (1) The Commissioners shall maintain a register listing the particulars set out in paragraph (3) with respect to each forestry trader who— (a) engages in any activity to which this Order applies at any premises in England or Scotland; and (b) meets the requirements of this Part. (2) The Welsh Ministers shall maintain a register listing the particulars set out in paragraph (3) with respect to each forestry trader who— (a) engages in any activity to which this Order applies at any premises in Wales; and (b) meets the requirements of this Part. (3) The particulars are— (a) the name of the forestry trader; (b) the name of the person responsible for making the application where that person is not the forestry trader; (c) the trading name of the forestry trader where that name is different from that of the forestry trader; (d) details of those activities to which this Order applies which the forestry trader undertakes or intends to undertake; (e) the address of the premises at which the forestry trader undertakes or intends to undertake the activities referred to in sub-paragraph (d); and (f) a registration number unique to the forestry trader. (4) The registers shall be open to inspection by the European Commission.

226

In article 25(3), for “register maintained under article 24(1)” substitute “ registers ”.

227

(1) Article 26 is amended as follows.

(2) In paragraph (1)—

(a) for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”;

(b) for “plant” substitute “ forestry ”.

(3) In paragraph (2), for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

(4) In paragraph (3)—

(a) for “the Commissioners” substitute “ the appropriate authority ”;

(b) for “register” substitute “ registers ”.

(5) In paragraph (4)—

(a) for “the Commissioners” substitute “ the appropriate authority ”;

(b) for “plant” substitute “ forestry ”.

(6) In paragraph (5), for “the Commissioners” substitute “ the appropriate authority ”.

228

In article 27, for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

229

(1) Article 28 is amended as follows.

(2) In paragraphs (1) to (3), for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

(3) In paragraph (4), for “The Commissioners'” substitute “ The appropriate authority's ”.

(4) In paragraph (5), for “the Commissioners” substitute “ the appropriate authority ”.

(5) In paragraph (6)—

(a) for “the Commissioners” substitute “ the appropriate authority ”;

(b) for “register” substitute “ registers ”.

230

(1) Article 29 is amended as follows.

(2) In paragraph (1), for “Great Britain” substitute “ a relevant territory ”.

(3) In paragraph (2)—

(a) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

(b) omit “to Great Britain”.

(4) In paragraph (4), for “Great Britain” substitute “ a relevant territory ”.

231

In article 30(7), after “the Commissioners” insert “ or, as the case may be, the Welsh Ministers ”.

232

(1) Article 31 is amended as follows.

(2) In paragraph (1), for “Great Britain” substitute “ a relevant territory ”.

(3) In paragraph (6)(b), for “Great Britain”, in each place where it occurs, substitute “ the relevant territory ”.

233

In article 32(5), after “the Commissioners” insert “ or, as the case may be, the Welsh Ministers ”.

234

In article 33(6)(a), for “the Commissioners” substitute “ the appropriate authority ”.

235

In article 34(4), for “register” substitute “ registers ”.

236

(1) Article 36 is amended as follows.

(2) In paragraph (2), after “the Commissioners” insert “ or, as the case may be, the Welsh Ministers ”.

(3) In paragraph (3), for “the Commissioners” substitute “ the appropriate authority ”.

237

(1) Article 38(1) is amended as follows.

(2) For “Great Britain” substitute “ a relevant territory ”.

(3) For “the Commissioners” substitute “ the appropriate authority ”.

238

In article 39, for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

239

In article 40(1), for “the Commissioners” substitute “ the appropriate authority ”.

240

(1) Article 41 is amended as follows.

(2) In paragraph (1), for “the Commissioners” substitute “ the appropriate authority ”.

(3) In paragraph (2), for “Great Britain”, in the last place where it occurs, substitute “ a relevant territory ”.

241

(1) Article 42 is amended as follows.

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

(3) In paragraph (2)(b)(iv), for “Great Britain” substitute “ a relevant territory ”.

242

In article 43(2), for “Great Britain” substitute “ a relevant territory ”.

243

In Schedule 7, in paragraph 2 of Part A, for “the Forestry Commission” substitute “ the appropriate authority ”.

244

(1) Schedule 9 is amended as follows.

(2) In paragraph 3(b)—

(a) for “the Commissioners” substitute “ the appropriate authority ”;

(b) for “Great Britain” substitute “ a relevant territory ”.

(3) In paragraph 7(j), for “Great Britain” substitute “ the relevant territory ”.

245

In Schedule 13, in paragraph 2(b), for “the Commissioners” substitute “ the appropriate authority ”.

Water Resources (Abstraction and Impounding) Regulations 2006

246

The Water Resources (Abstraction and Impounding) Regulations 2006 are amended as follows.

247

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

(a) regulations 2 to 27 (including the headings to regulations 10, 15 to 24 and 26 and the cross-heading before regulation 14);

(b) regulations 29 to 32 (including the heading to regulation 31);

(d) Schedule 2 (including the heading to that Schedule and the headings to paragraphs 1, 2, 4, 6 and 8).

Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

248

The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 are amended as follows.

249

In rule 4(1), in the appropriate place insert—

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

250

(1) Rule 7(8) is amended as follows.

(2) In sub-paragraph (c), after “Environment Agency” insert “ for a proposal affecting land in or adjacent to, or tidal waters in or adjacent to, England ”.

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

251

(1) Rule 8(4) is amended as follows.

(2) In sub-paragraph (c), after “Environment Agency” insert “ for a proposal affecting land in or adjacent to, or tidal waters in or adjacent to, England ”.

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

252

In rule 12(8)(e)(vi), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

253

(1) In Schedule 5, the table is amended as follows.

(2) In rows 1 to 6 and 20, in column (2), for “Environment Agency” substitute “ appropriate agency ”.

(3) In rows 17 and 18, in column (2), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

254

(1) In Schedule 6, the table is amended as follows.

(2) In rows 1 to 3, in column (2), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

(3) In row 5, in column (2), for “Environment Agency” substitute “ appropriate agency ”.

Plant Health (Wood Packaging Material Marking) (Forestry) Order 2006

255

The Plant Health (Wood Packaging Material Marking) (Forestry) Order 2006 is amended as follows.

256

(1) Article 2 is amended as follows.

(2) In the definition of “approved measure”, for “the Commissioners” substitute “ the appropriate authority ”.

(3) In the definition of “inspector”, after “the Commissioners” insert “ or the Welsh Ministers ”.

(4) After the definition of “repair” insert—

“the appropriate authority” means— (a) the Commissioners, in relation to England and Scotland; (b) the Welsh Ministers, in relation to Wales;

257

In articles 3 to 11, for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

258

In Schedule 2, in the form of certificate, before the Appendix insert—

[or, as appropriate] Signed on behalf of the Welsh Ministers

Plant Health (Fees) (Forestry) Regulations 2006

259

The Plant Health (Fees) (Forestry) Regulations 2006 are amended as follows.

260

In regulation 2(1), in the appropriate place insert—

“action” means any action for which a fee is payable pursuant to paragraphs (2) to (6) of regulation 3;

261

For regulation 3(1) substitute—

(1) Fees are payable— (a) to the Forestry Commissioners, where an action is carried out by— (i) the Forestry Commissioners; or (ii) an inspector in circumstances where the relevant function of the inspector is exercisable by an inspector authorised by the Forestry Commissioners; (b) to the Welsh Ministers, where an action is carried out by— (i) the Welsh Ministers; or (ii) an inspector in circumstances where the relevant function of the inspector is exercisable by an inspector authorised by the Welsh Ministers.

Waste Electrical and Electronic Equipment Regulations 2006

262

The Waste Electrical and Electronic Equipment Regulations 2006 are amended as follows.

263

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

(2) In the definition of “appropriate authority”—

(a) in sub-paragraph (a), omit “or Wales”;

(b) after sub-paragraph (a) insert—

(aa) for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate authority in Wales, the Natural Resources Body for Wales;

(i) in paragraph (i), omit “or Wales”;

(ii) after paragraph (i) insert—

(ia) where the producer's registered office or principal place of business is in Wales, the Natural Resources Body for Wales;

(d) in sub-paragraph (g)—

(i) in paragraph (i), omit “or Wales”;

(ii) after paragraph (i) insert—

(ia) where the operator of the scheme's registered office or principal place of business is in Wales, the Natural Resources Body for Wales;

(e) in sub-paragraph (h)—

(i) in paragraph (i), omit “or Wales”;

(ii) after paragraph (i) insert—

(ia) where the operator of the ATF's or the exporter's registered office or principal place of business is in Wales, the Natural Resources Body for Wales;

(f) in sub-paragraph (i)—

(i) in paragraph (i), omit “or Wales”;

(ii) after paragraph (i) insert—

(ia) where the operator of the collection facility's registered office or principal place of business is in Wales, the Natural Resources Body for Wales;

(3) After the definition of “member State” insert—

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

264

In regulation 41(4)(c)(i), after “Environment Agency” insert “ , the Natural Resources Body for Wales ”.

265

In regulation 43(e)(i), after “Environment Agency” insert “ , the Natural Resources Body for Wales ”.

266

(1) Regulation 45(5) is amended as follows.

(2) At the end of sub-paragraph (a), omit “or”.

(3) After sub-paragraph (a) insert—

(aa) by the Natural Resources Body for Wales in respect of applications for approval made under regulation 41 to that appropriate authority; or

267

In regulation 47(1)(c)(i), after “Environment Agency” insert “ , the Natural Resources Body for Wales ”.

268

In regulation 48(1)(c)(i), after “Environment Agency” insert “ , the Natural Resources Body for Wales ”.

269

(1) Regulation 51(4) is amended as follows.

(2) At the end of sub-paragraph (a), omit “or”.

(3) After sub-paragraph (a) insert—

(aa) by the Natural Resources Body for Wales in respect of applications for approval made under regulation 47 or 48 to that appropriate authority; or

270

In regulation 66(1)(a) and (3)(a), after “Environment Agency” insert “ or of the Natural Resources Body for Wales ”.

271

(1) Regulation 70(2) is amended as follows.

(2) In sub-paragraph (a), omit “and Wales”.

(3) After sub-paragraph (a) insert—

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

Water Resources Management Plan Regulations 2007

272

In regulation 2(2)(i) of the Water Resources Management Plan Regulations 2007 , omit “the Countryside Council for Wales and”.

Producer Responsibility Obligations (Packaging Waste) Regulations 2007

273

The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 are amended as follows.

274

(1) Regulation 2 is amended as follows.

(2) For the definition of “appropriate agency” substitute—

“appropriate agency” means— (a) for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate agency in England, the Environment Agency; (b) for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate agency in Scotland, SEPA; (c) for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate agency in Wales, the Natural Resources Body for Wales; (d) for the purposes of any provision of these Regulations relating to the obligations of any other person— (i) the Environment Agency, where at the beginning of the relevant year the person's registered office or principal place of business is in England; (ii) SEPA, where at the beginning of the relevant year the person's registered office or principal place of business is in Scotland; (iii) the Natural Resources Body for Wales, where at the beginning of the relevant year the person's registered office or principal place of business is in Wales; (iv) at the election of the person, the Environment Agency, SEPA or the Natural Resources Body for Wales, where at the beginning of the relevant year the person does not have a registered office or principal place of business in Great Britain; (v) in relation to schemes, where there is more than one operator of a scheme and such operators have registered offices or principal places of business in England and in Scotland (but not in Wales)— (aa) the Environment Agency where the operators have elected to apply for approval of the scheme from the Secretary of State; or (bb) SEPA where the operators have elected to apply for approval of the scheme from the Scottish Ministers; (vi) in relation to schemes, where there is more than one operator of a scheme and such operators have registered offices or principal places of business in Wales and in Scotland (but not in England)— (aa) the Natural Resources Body for Wales where the operators have elected to apply for approval of the scheme from the Secretary of State; or (bb) SEPA where the operators have elected to apply for approval of the scheme from the Scottish Ministers; (vii) in relation to schemes where there is more than one operator of a scheme and such operators have registered offices or principal places of business in England and in Wales (but not in Scotland), at the election of the operators, the Environment Agency or the Natural Resources Body for Wales; or (viii) in relation to schemes, where there is more than one operator of a scheme and such operators have registered offices or principal places of business in England, in Scotland and in Wales— (aa) SEPA, where the operator has elected to apply for approval of the scheme from the Scottish Ministers; (bb) at the election of the operator, the Environment Agency or the Natural Resources Body for Wales, where the operator has elected to apply for approval from the Secretary of State.

(3) In the definition of “appropriate authority”, in sub-paragraphs (b)(i) and (d), after “the Environment Agency” insert “ or the Natural Resources Body for Wales ”.

275

In regulation 40B, for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”.

Marine Works (Environmental Impact Assessment) Regulations 2007

276

In regulation 2(1) of the Marine Works (Environmental Impact Assessment) Regulations 2007 , in the definition of “the nature conservation bodies”, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007

277

The Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007 are amended as follows.

278

In regulation 25(3)(c), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

279

In regulation 71, for “the Countryside Council for Wales”, in each place where it occurs, substitute “ the Natural Resources Body for Wales ”.

Large Combustion Plants (National Emission Reduction Plan) Regulations 2007

280

The Large Combustion Plants (National Emission Reduction Plan) Regulations 2007 are amended as follows.

281

In regulation 2(1), in the appropriate place insert—

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

282

In regulation 6(5), at the beginning insert “ The NRBW, ”.

283

(1) Regulation 7 is amended as follows.

(2) In paragraph (1), omit “and Wales”.

(3) After paragraph (1) insert—

(1A) The NRBW must verify the annual report of each operator of a participating plant in Wales relating to the actual annual mass emission of each of the LCPD pollutants from the participating plant.

(4) In paragraph (4), at the beginning insert “ The NRBW, ”.

284

(1) Regulation 9 is amended as follows.

(2) In paragraph (2), before “SEPA”, in each place where it occurs, insert “ the NBRW, ”.

(3) In paragraph (4)(b)—

(a) in paragraph (i), omit “or Wales”;

(b) after paragraph (i) insert—

(ia) the NRBW, if the participating plant in question is in Wales,

285

In regulation 12, after sub-paragraph (a) omit “and” and insert—

(aa) the NRBW;

286

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

(2) In sub-paragraph (a), omit “or Wales”.

(3) After sub-paragraph (a) insert—

(aa) of a participating plant in Wales, to the NRBW in accordance with the conditions of the environmental permit under the Environmental Permitting (England and Wales) Regulations 2010;

Persistent Organic Pollutants Regulations 2007

287

(1) Regulation 3(1) of the Persistent Organic Pollutants Regulations 2007 is amended as follows.

(2) In sub-paragraph (a), omit “and Wales”.

(3) After sub-paragraph (a) insert—

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

Legislative and Regulatory Reform (Regulatory Functions) Order 2007

288

(1) The Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 is amended as follows.

(2) In Part 1, in the list of bodies, in the appropriate place insert— “ Natural Resources Body for Wales ”.

Local Government Pension Scheme (Transitional Provisions) Regulations 2008

289

(1) Regulation 15 of the Local Government Pension Scheme (Transitional Provisions) Regulations 2008 is amended as follows.

(2) After paragraph (2) insert—

(2A) Subject to paragraphs (3) and (7), these Regulations, the Benefits Regulations and the Administration Regulations also apply to a person to whom this regulation applies and who— (a) was an active member before 1 April 2008; (b) was in the continuous employment of the Environment Agency from 1 April 2008 to 31 March 2013; and (c) has been since then in the continuous employment of the Natural Resources Body for Wales.

(3) After paragraph (7) insert—

(8) Paragraph (9) applies to a person— (a) to whom regulation 22 of the Local Government Pension Scheme (Transitional Provisions) Regulations 1997 applies for any purpose immediately before 1 April 2013 by virtue of any provision of these Regulations, and (b) whose employment is transferred from the Environment Agency to the Natural Resources Body for Wales in connection with or as a consequence of the transfer of any functions from the Agency to the Body on 1 April 2013. (9) The transfer of the person's employment does not affect the continuing application to the person of regulation 22 of the Local Government Pension Scheme (Transitional Provisions) Regulations 1997 or of any provision of the 1997 Regulations that applies to the person by virtue of that regulation.

Local Government Pension Scheme (Administration) Regulations 2008

290

After regulation 8B of the Local Government Pension Scheme (Administration) Regulations 2008 insert—

(8C) (1) Any provision of these Regulations, the Benefits Regulations or the Transitional Regulations which confers a function on a body by virtue of having been a member's employer shall have effect as if the Natural Resources Body for Wales was the employer of a person to whom paragraph (2) applies at all times when that person was an active member. (2) This paragraph applies to any deferred or pensioner member— (a) who is a member by virtue of— (i) employment with the Environment Agency (including any employment transferred to that Agency) which ended before 1 April 2013; or (ii) employment with the National Rivers Authority which ended before 1 April 1996; and (b) in respect of whom the pension liabilities of the Environment Agency were transferred to the Natural Resources Body for Wales on 1 April 2013 by a transfer scheme made by the Welsh Ministers under section 23 of the Public Bodies Act 2011.

Bathing Water Regulations 2008

291

The Bathing Water Regulations 2008 are amended as follows.

292

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

(2) In the definition of “abnormal situation”, for “Agency” substitute “ appropriate agency ”.

(3) Omit the definitions of “the Agency” and “Agency management measures”.

(4) In the appropriate place insert—

“the appropriate agency” means— (a) in relation to a bathing water in England, the Environment Agency; (b) in relation to a bathing water in Wales, the Natural Resources Body for Wales; “appropriate agency management measures” means measures in relation to a bathing water taken by the appropriate agency— (a) to reduce the risk of pollution (being measures within the appropriate agency's responsibilities referred to in regulation 5); or (b) under regulations 7 to 11;

(5) In the definitions of “management measures”, “relevant measures for short-term pollution” and “short-term pollution”, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

293

(1) Regulation 3 is amended as follows.

(2) In paragraph (2), for “Agency” substitute “ Environment Agency ”.

(3) In paragraph (3), for “Agency” substitute “ Natural Resources Body for Wales ”.

294

(1) Regulation 5 is amended as follows.

(2) In paragraph (1), for “and the Agency” substitute “ , the Environment Agency and the Natural Resources Body for Wales ”.

(3) In paragraph (5), for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

295

In regulations 6 to 15, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

296

(1) Regulation 16 is amended as follows.

(21) In paragraph (4)(a), for “the Agency and the Welsh Ministers” substitute “ the Welsh Ministers, the Environment Agency and the Natural Resources Body for Wales ”.

(3) In paragraph (5), for “and the Agency” substitute “ , the Environment Agency and the Natural Resources Body for Wales ”.

297

In regulations 17 and 18, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

298

In Schedule 2, in paragraph 2, and in Schedules 3 and 4, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

Dee Estuary Cockle Fishery Order 2008

299

The Dee Estuary Cockle Fishery Order 2008 is amended as follows.

300

(1) Article 2 is amended as follows.

(2) In the appropriate place insert— “ “England” includes the sea adjacent to England, not forming any part of Wales, to a distance of 12 nautical miles from the baselines from which the breadth of the territorial sea is measured; ”.

(3) For the definition of “the grantee” substitute—

“the grantee” means the Environment Agency in relation to England and the Natural Resources Body for Wales in relation to Wales;

(4) In the appropriate place insert—

301

In article 5, after paragraph (1) insert—

(1A) A licence must apply in relation to the whole of the area of the fishery.

REACH Enforcement Regulations 2008

302

The REACH Enforcement Regulations 2008 are amended as follows.

303

In regulation 2(2), in the definition of “enforcing authority”, after sub-paragraph (h) insert—

(i) the Natural Resources Body for Wales;

304

In regulation 21(2)(a), after “the Environment Agency,” insert “ the Natural Resources Body for Wales, ”.

305

(1) In Schedule 1, the Table is amended as follows.

(2) In the third column, in the rows to which this sub-paragraph applies, for “The Environment Agency.” substitute “ In relation to England, the Environment Agency. In relation to Wales, the Natural Resources Body for Wales. ”

(3) Sub-paragraph (2) applies to the rows relating to the following articles—

(a) article 9(6);

(b) article 14(6);

(d) article 37(4);

(e) both rows relating to article 37(5);

(f) article 37(6);

(g) article 38(1);

(h) article 38(3);

(i) article 56(1);

(j) article 56(2);

(k) article 60(10);

(l) article 67(1).

306

In Schedule 2, in paragraph 1, after “the Environment Agency,” insert “ the Natural Resources Body for Wales, ”.

307

In Schedule 6, in the heading to Part 1, after “The Environment Agency,” insert “ the Natural Resources Body for Wales, ”.

308

(1) Schedule 7 is amended as follows.

(2) In paragraph 1, after “the Environment Agency” insert “ , the Natural Resources Body for Wales ”.

(3) Accordingly, in the heading to Section 1, after “The Environment Agency” insert “ , the Natural Resources Body for Wales ”.

309

(1) Schedule 8 is amended as follows.

(2) In paragraph 1—

(a) for sub-paragraph (a) substitute—

(a) the Environment Agency, the Secretary of State;

(b) after sub-paragraph (a) insert—

(aa) the Natural Resources Body for Wales, the Welsh Ministers;

(2) Accordingly, in the heading to Part 1, after “the Environment Agency,” insert “ the Natural Resources Body for Wales, ”.

Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008

310

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311

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312

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Environmental Damage (Prevention and Remediation) Regulations 2009

313

In regulation 10(2) of the Environmental Damage (Prevention and Remediation) Regulations 2009 , for “the Environment Agency”, in the first place where it occurs, substitute “ either the Environment Agency or the Natural Resources Body for Wales ”.

Ozone-Depleting Substances (Qualifications) Regulations 2009

314

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Fluorinated Greenhouse Gases Regulations 2009

315

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316

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317

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Waste Batteries and Accumulators Regulations 2009

318

The Waste Batteries and Accumulators Regulations 2009 are amended as follows.

319

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

(2) In the definition of “extension of approval charge”, in sub-paragraph (a), after “Environment Agency” insert “ , the NRBW ”.

(3) In the appropriate place insert—

“NRBW” means the Natural Resources Body for Wales

(4) In the definition of “scheme application charge”, in sub-paragraph (a), after “Environment Agency” insert “ , the NRBW ”.

(5) in the definition of “scheme subsistence charge”, in sub-paragraph (a), after “Environment Agency” insert “ , the NRBW ”.

(6) in the definition of “treatment, recycling and export application charge”, in sub-paragraph (a), after “Environment Agency” insert “ , the NRBW ”.

320

(1) Regulation 3(2) is amended as follows.

(2) In sub-paragraph (a), omit “and Wales”.

(3) After sub-paragraph (a) insert—

(aa) Wales is the NRBW;

321

In regulation 13(2)(d)(i), after “Environment Agency” insert “ , the NRBW ”.

322

(1) Regulation 83 is amended as follows.

(2) In paragraph (1), after “Environment Agency,” insert “ the NRBW, ”.

(3) In paragraph (2)—

(a) in sub-paragraph (a), omit the words after “Secretary of State”;

(b) after sub-paragraph (a) insert—

(aa) against a decision of the NRBW must be made to the Welsh Ministers;

(3) Omit paragraph (3).

323

(1) Regulation 86(2) is amended as follows.

(2) In sub-paragraph (a), omit “and Wales”.

(3) After sub-paragraph (a) insert—

(aa) in Wales, the NRBW;

Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009

324

(1) Schedule 1 to the Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009 is amended as follows.

(2) In the entry relating to section 42(2)(c), in column 2, in paragraph (c), after sub-paragraph (xi) insert—

(xia) the Natural Resources Body for Wales;

(3) In the entry relating to section 68(3)(c), in column 2, in paragraph (b), after sub-paragraph (xi) insert—

(xia) the Natural Resources Body for Wales and is not below the grade of senior manager;

(4) In the entry relating to section 378(1)(b), in column 2, in paragraph (b) of the entry relating to England and Wales, after sub-paragraph (xi) insert—

(xia) the Natural Resources Body for Wales;

(5) In the entry relating to section 378(2)(d), in column 2, in paragraph (b) of the entry relating to England and Wales, after sub-paragraph (xi) insert—

(xia) the Natural Resources Body for Wales and is not below the grade of senior manager;

Infrastructure Planning (National Policy Statement Consultation) Regulations 2009

325

(1) Regulation 3 of the Infrastructure Planning (National Policy Statement Consultation) Regulations 2009 is amended as follows.

(2) In Table 1—

(a) in column 2 of the entry for the Forestry Commission, after “forests and woodlands” insert “ in England or Scotland ”;

(b) in column 1, for “The Countryside Council for Wales” substitute “ The Natural Resources Body for Wales ”.

Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009

326

The Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009 are amended as follows.

327

(1) Regulation 2 is amended as follows.

(2) Before the definition of “Category A mining waste facility” insert—

“the 2010 Regulations” means the Environmental Permitting (England and Wales) Regulations 2010;

(3) In the appropriate place insert—

“regulator” means— (a) the Natural Resources Body for Wales where that body is the regulator of the mining waste facility under the 2010 Regulations; (b) the Environment Agency, where that body is the regulator of the mining waste facility under the 2010 Regulations;

328

(1) Regulation 4 is amended as follows.

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

(3) In paragraph (1), for “in its area” substitute “ in the authority's area ”.

329

In regulations 9(3) and 10(1), for “Environment Agency” substitute “ regulator ”.

Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009

330

(1) In Schedule 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 , the Table is amended as follows.

(2) In the entry for the Environment Agency, in columns 2 and 3, omit “and/or Wales”.

(3) In column 1, for “The Countryside Council for Wales” substitute “ The Natural Resources Body for Wales ”.

(4) In the entry for the Forestry Commission, in columns 2 and 3, after “forests and woodlands” insert “ in England or Scotland ”.

(5) After the entry for the Forestry Commission insert a new entry—

The Natural Resources Body for Wales	All proposed applications likely to affect the protection or expansion of forests and woodlands in Wales	All applications likely to affect the protection or expansion of forests and woodlands in Wales

Flood Risk Regulations 2009

331

The Flood Risk Regulations 2009 are amended as follows.

332

After regulation 8B insert—

(8C) The “appropriate agency” means— (a) in relation to a river basin district that is wholly in Wales, the Natural Resources Body for Wales; (b) in relation to a river basin district that is partly in Wales and partly in England, the Natural Resources Body for Wales and the Environment Agency acting jointly; (c) in relation to any other river basin district, the Environment Agency.

333

In regulation 9(1), and in the heading to regulation 9, for “Environment Agency” substitute “ appropriate agency ”.

334

(1) Regulation 10 is amended as follows.

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

(3) In paragraph (5)—

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

(b) after “authority” insert “ for an area in England ”.

(4) After paragraph (5) insert—

(5A) The power of the Natural Resources Body for Wales to require information under regulation 36 includes power to require a lead local flood authority for an area in Wales to provide a preliminary assessment report by a specified date.

335

In regulation 11(2)(a), after “the Environment Agency” insert “ or the Natural Resources Body for Wales ”.

336

(1) Regulation 12 is amended as follows.

(2) In paragraph (2)(b), after “the Environment Agency” insert “ or the Natural Resources Body for Wales ”.

(3) In paragraph (7), for “Environment Agency”, in the first place where it occurs, substitute “ appropriate agency ”.

337

(1) Regulation 13 is amended as follows.

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

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

(4) Accordingly, in the heading to regulation 13, for “Environment Agency” substitute “ appropriate agency ”.

338

(1) Regulation 14 is amended as follows.

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

(3) In paragraphs (5) and (7), for “Agency” substitute “ appropriate agency ”.

(4) In paragraph (8)—

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

(b) after “authority” insert “ for an area in England ”.

(5) After paragraph (8) insert—

(8A) The power of the Natural Resources Body for Wales to require information under regulation 36 includes power to require a lead local flood authority for an area in Wales to notify the Body of its determination and identification of a flood risk area by a specified date.

339

(1) Regulation 15(1) is amended as follows.

(2) In the opening words, for “Environment Agency” substitute “ appropriate agency ”.

(3) In sub-paragraph (b), for “Agency” substitute “ appropriate agency ”.

340

In regulations 16 and 18, for “Environment Agency”, in each place where it occurs, substitute “ appropriate agency ”.

341

(1) Regulation 19 is amended as follows.

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

(3) In paragraph (6)—

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

(b) after “authority” insert “ for an area in England ”.

(4) After paragraph (6) insert—

(7) The power of the Natural Resources Body for Wales to require information under regulation 36 includes power to require a lead local flood authority for an area in Wales to provide a flood hazard map or a flood risk map by a specified date.

342

In regulation 20(8), for “Environment Agency” in the first place where it occurs, substitute “ appropriate agency ”.

343

In regulation 21(4), for “Environment Agency”, in the first place where it occurs, substitute “ appropriate agency ”.

344

In regulation 22, for “the Environment Agency” and “the Agency” substitute “ the appropriate agency ”.

345

(1) Regulation 23 is amended as follows.

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

(3) In paragraphs (2) and (5), for “Agency” substitute “ appropriate agency ”.

(4) Accordingly, the heading to regulation 23 becomes “ Review: appropriate agency ”.

346

In regulation 25, for “Environment Agency”, in each place where it occurs (including in the heading), substitute “ appropriate agency ”.

347

(1) Regulation 26 is amended as follows.

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

(3) In paragraph (5)—

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

(b) after “authority” insert “ for an area in England ”.

(4) After paragraph (5) insert—

(6) The power of the Natural Resources Body for Wales to require information under regulation 36 includes power to require a lead local flood authority for an area in Wales to provide a flood risk management plan by a specified date.

348

(1) Regulation 27 is amended as follows.

(2) In paragraphs (7) and (8), for “Environment Agency” substitute “ appropriate agency ”.

(3) In paragraph (9), in sub-paragraphs (a) and (b), for “Environment Agency”, in the first place where it occurs, substitute “ appropriate agency ”.

349

In regulation 28(1), for “the Environment Agency” and “the Agency” substitute “ the appropriate agency ”.

350

(1) Regulation 29 is amended as follows.

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

(3) In paragraph (4), for “Agency” substitute “ appropriate agency ”.

(4) Accordingly, the heading to regulation 29 becomes “ Review: appropriate agency ”.

351

(1) Regulation 32 is amended as follows.

(2) In paragraphs (1)(a) and (3), for “Environment Agency” substitute “ appropriate agency ”.

(3) In paragraphs (2) and (6), for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(4) Accordingly, the heading to regulation 32 becomes “ Part 2: appropriate agency ”.

352

(1) Regulation 35(2) is amended as follows.

(2) At the end of sub-paragraph (a), omit “and”.

(3) After sub-paragraph (a) insert—

(aa) the Natural Resources Body for Wales, and

353

(1) Regulation 36 is amended as follows.

(2) In paragraph (1)—

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

(b) after “the Agency” insert “ or the Body ”.

(3) In paragraph (2), for “The Environment Agency and an” substitute “ An ”.

(4) In paragraph (3)—

(a) before sub-paragraph (a) insert—

(za) the Environment Agency, (zb) the Natural Resources Body for Wales,

(b) omit sub-paragraph (k).

Eels (England and Wales) Regulations 2009

354

The Eels (England and Wales) Regulations 2009 are amended as follows.

355

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

“the appropriate agency” means (except as provided in regulation 4)—

in relation to England, the Agency, and

in relation to Wales, the NRBW;

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

356

(1) Regulation 4 is amended as follows.

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

(3) After paragraph (3) insert—

(4) For the purposes of this regulation, “the appropriate agency” means— (a) in relation to business premises in England, the Agency; (b) in relation to business premises in Wales, the NRBW; and (c) in relation to business premises partly in England and partly in Wales, the Agency or the NRBW, at the election of the aquaculture production business operator. (5) The election referred to in paragraph (4)(c) must be notified in writing to both the Agency and the NRBW on or before 31 January in each year that the premises are used in connection with an aquaculture production business.

357

In regulation 6(1)(e), after “Agency” insert “ , where those certificates are retained in England, or the NRBW, where those certificates are retained in Wales, ”.

358

In regulation 7(2), after “Agency” insert “ , where those documents are retained in England, or the NRBW, where those documents are retained in Wales, ”.

359

In regulations 8, 12 to 14, 17, 20 and 21, for “Agency”, in each place where it occurs (including in the heading to regulation 20), substitute “ appropriate agency ”.

360

(1) Regulation 26 is amended as follows.

(2) In paragraph (1)—

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

(b) in sub-paragraph (a), after “these Regulations” insert “ as they apply in relation to England (in the case of a person designated by the Agency) or in relation to Wales (in the case of a person designated by the Natural Resources Body for Wales) ”.

(3) In paragraph (4), for “Agency” substitute “ appropriate agency ”.

361

In the Schedule, in paragraphs 3 to 5, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

Infrastructure Planning (Interested Parties) Regulations 2010

362

(1) In the Schedule to the Infrastructure Planning (Interested Parties) Regulations 2010 , the Table is amended as follows.

(2) In the entry for the Environment Agency, in column 2, omit “and/or Wales”.

(3) In column 1, for “The Countryside Council for Wales” substitute “ The Natural Resources Body for Wales ”.

(4) In the entry for the Forestry Commission, in column 2, after “forests and woodlands” insert “ in England or Scotland ”.

(5) After the entry for the Forestry Commission insert a new entry—

The Natural Resources Body for Wales	All applications likely to affect the protection or expansion of forests and woodlands in Wales

Infrastructure Planning (Compulsory Acquisition) Regulations 2010

363

(1) In Schedule 2 to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010 , the Table is amended as follows.

(2) In the entry for the Environment Agency, in column 2, omit “and/or Wales”.

(3) In column 1, for “The Countryside Council for Wales” substitute “ The Natural Resources Body for Wales ”.

(4) In the entry for the Forestry Commission, in column 2, after “forests and woodlands” insert “ in England or Scotland ”.

(5) After the entry for the Forestry Commission insert a new entry—

The Natural Resources Body for Wales	All proposed provisions likely to affect the protection or expansion of forests and woodlands in Wales

Mercury Export and Data (Enforcement) Regulations 2010

364

(1) Regulation 4(1) of the Mercury Export and Data (Enforcement) Regulations 2010 is amended as follows.

(2) In sub-paragraph (a), omit “and Wales”.

(3) After sub-paragraph (a) insert—

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

Conservation of Habitats and Species Regulations 2010

365

The Conservation of Habitats and Species Regulations 2010 are amended as follows.

366

In regulation 5, for “the Countryside Council for Wales”, in each place where it occurs, substitute “ the Natural Resources Body for Wales ”.

367

In regulation 9(2), for the words from “sections 131, 132 and 134” to “Countryside Council for Wales)” substitute “ the Natural Resources Body for Wales (Establishment) Order 2012, where the functions are exercised for purposes relating to nature conservation ”.

368

In regulation 9A(10), after “Forestry Commissioners,” insert “ the Natural Resources Body for Wales, ”.

369

In regulation 17(1), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

370

(1) Regulation 56 is amended as follows.

(2) In paragraph (2)—

(a) after “means” insert “ in relation to England ”;

(b) for sub-paragraphs (a) and (b) substitute—

(a) so far as the licence relates to the restricted English inshore region, the Marine Management Organisation, and (b) otherwise, Natural England.

(3) In paragraph (3), after “granted” insert “ in relation to England ”.

(4) After paragraph (3) insert—

(4) In the case of a licence granted in relation to Wales, “relevant licensing body” means the Natural Resources Body for Wales.

371

In regulation 99(2), after “the Environment Agency” insert “ in relation to England or the Natural Resources Body for Wales in relation to Wales ”.

372

In regulation 127(2), after “the Environment Agency” insert “ in relation to England or the Natural Resources Body for Wales in relation to Wales ”.

373

(1) Regulation 129 is amended as follows.

(2) In paragraph (2), for “The Countryside Council for Wales” substitute “ The Natural Resources Body for Wales ”.

(3) Accordingly, in the heading to regulation 129, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010

374

In Part 2 of the Schedule to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 , at the end insert—

The Natural Resources Body for Wales	Executive team member	Senior manager	Paragraphs (b), (d) and (e)

Environmental Permitting (England and Wales) Regulations 2010

375

The Environmental Permitting (England and Wales) Regulations 2010 are amended as follows.

376

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

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

“appropriate agency” means—

in relation to England, the Agency, and

in relation to Wales, the NRBW,

and references to the “area” of an appropriate agency are to be construed accordingly;

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

(3) In the definition of “rule-making authority”, in sub-paragraph (b), for “Agency” substitute “ appropriate agency ”.

377

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

378

(1) Regulation 33 is amended as follows.

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

(3) In paragraph (6)—

(a) in sub-paragraph (a), before “the Agency” insert “ where the appropriate authority is the Secretary of State, ”;

(b) after sub-paragraph (a), omit “and” and insert—

(aa) where the appropriate authority is the Welsh Ministers, the NRBW, and

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

379

In regulation 46, for “Agency's” and “Agency”, in each place where they occur, substitute “ appropriate agency's ” and “ appropriate agency ” respectively.

380

(1) In regulations 58 and 59, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(2) Accordingly, in the headings to those regulations, for “Environment Agency” substitute “ Appropriate agency ”.

381

In regulations 61 and 63, for “Agency”, in each place where it occurs (including in the heading to regulation 63), substitute “ appropriate agency ”.

382

In regulation 65, for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

383

(1) Regulation 108 is amended as follows.

(2) At the end of paragraph (2) insert “ with the modifications set out in paragraph (2A) ”.

(3) After paragraph (2) insert—

(2A) In paragraph 2(1) of Schedule 2 to the 2007 Regulations, and in paragraphs 7(2)(a) and 30(1)(b)(i) of Schedule 3 to those Regulations, as they continue in force by virtue of paragraph (2), references to the Agency are deemed in relation to Wales to be references to the NRBW (such that the NRBW is the exemption registration authority in relation to waste operations in Wales falling within Part 1 of Schedule 3 to the 2007 Regulations, subject to paragraph 2(2) and (3) of that Schedule).

384

In Schedule 2, in paragraph 2(1), (4) and (5), for “Agency” substitute “ appropriate agency ”.

385

In Part 2 of Schedule 23, after paragraph 11 insert—

(11A) (1) In the case of an activity described in paragraph 11(5), if the principal place where the apparatus mentioned in that sub-paragraph is kept when not in use is in England or Wales, functions in relation to the activity are exercisable by the appropriate agency in whose area the principal place of keeping is. (2) But sub-paragraph (1) does not apply to functions under regulations 36, 37, 38 and 42 (which are exercisable in relation to the activity in accordance with regulation 32(1)).

CRC Energy Efficiency Scheme Order 2010

386

The CRC Energy Efficiency Scheme Order 2010 is amended as follows.

387

(1) Article 9 is amended as follows.

(2) In paragraph (1)(b)—

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

(b) after paragraph (i) insert—

(ia) the Natural Resources Body for Wales, in respect of Wales;

(3) In paragraph (2), after sub-paragraph (a) insert—

(aa) the Natural Resources Body for Wales, the Welsh Ministers;

388

(1) Schedule 10 is amended as follows.

(2) In paragraph 2—

(a) for sub-paragraph (a) substitute—

(a) the Environment Agency, the appeal body is the Secretary of State;

(b) after sub-paragraph (a) insert—

(aa) the Natural Resources Body for Wales, the appeal body is the Welsh Ministers;

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

(aa) the Welsh Ministers;

Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010

389

(1) Regulation 2 of the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 is amended as follows.

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

Flood Risk Management Functions Order 2010

390

In article 2(1)(a) of the Flood Risk Management Functions Order 2010 , after “the Environment Agency” insert “ or the Natural Resources Body for Wales ”.

Flood and Water Management Act 2010 (Commencement No 3 and Transitional Provisions) Order 2011

391

In article 5(2) of the Flood and Water Management Act 2010 (Commencement No 3 and Transitional Provisions) Order 2011 , after “the Agency”, in each place where it occurs, insert “ in relation to English Committees or the Natural Resources Body for Wales in relation to Welsh Committees ”.

Regional Flood and Coastal Committees (England and Wales) Regulations 2011

392

The Regional Flood and Coastal Committees (England and Wales) Regulations 2011 are amended as follows.

393

(1) Regulation 4 is amended as follows.

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

(3) In paragraph (3)(a), in the opening words, for “and” substitute “ or ”.

(4) After paragraph (6) insert—

(7) In the case of a revision affecting the boundary between a region wholly or mainly in England and a region wholly or mainly in Wales— (a) the functions of the appropriate agency under paragraphs (1) and (2) are exercisable by the Agency and the Natural Resources Body for Wales acting jointly; (b) paragraph (3)(a) is satisfied when both the Agency and the Natural Resources Body for Wales publish a map or maps fulfilling the conditions specified in that paragraph.

394

In regulations 5 to 7, 8(1) and (2) and 9, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

395

In regulation 11(1)(b)(i), after “the Agency” insert “ or the Natural Resources Body for Wales ”.

396

In regulations 14, 18(1)(c), 19(1)(c), 22(b), 27 and 28(1), for “Agency”, in each place where it occurs (including in the heading to regulation 14), substitute “ appropriate agency ”.

Environment Agency (Levies) (England and Wales) Regulations 2011

397

The Environment Agency (Levies) (England and Wales) Regulations 2011 are amended as follows.

398

In the title to the Regulations, for “Environment Agency” substitute “ Flood and Coastal Erosion Risk Management ”.

399

(1) Regulation 1 is amended as follows.

(2) In paragraph (1)(a), for “Environment Agency” substitute “ Flood and Coastal Erosion Risk Management ”.

(3) After paragraph (2) insert—

(3) Any reference to the Environment Agency (Levies) (England and Wales) Regulations 2011, wherever it occurs, is to be treated as a reference to these Regulations.

400

(1) Regulation 2 is amended as follows.

(2) In the definitions of “actual expenditure”, “flood and coastal erosion risk management functions”, “levy” and “qualifying expenses”, for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

(3) In the appropriate place insert—

“the appropriate agency” means the Agency in relation to England and the Natural Resources Body for Wales in relation to Wales;

401

In regulations 3 to 6 and 8 to 12, for “Agency” and “Agency's”, in each place where they occur (including in the heading to regulation 12), substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

Waste (England and Wales) Regulations 2011

402

The Waste (England and Wales) Regulations 2011 are amended as follows.

403

In regulation 3(1), in the appropriate place insert—

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

404

For regulation 9 substitute—

(9) (1) An appropriate authority may give directions to an appropriate body requiring it— (a) to advise the authority on the measures or policies which are to be included in a waste prevention programme or waste management plan; (b) to carry out a survey or investigation into any other matter in connection with the preparation of such a programme or plan or any modification of it, and report its findings to the authority. (2) A direction given under paragraph (1)(b)— (a) must specify or describe the matters which are to be the subject of the survey or investigation; (b) may specify bodies or persons to be consulted before carrying out the survey or investigation; and (c) may make provision in relation to the manner in which— (i) the survey or investigation is to be carried out; or (ii) the findings are to be reported and made available. (3) The appropriate body must comply with a direction given under paragraph (1). (4) Where a direction is given under paragraph (1)(b), the appropriate body must also consult any body or person that it considers appropriate but is not specified in the direction. (5) The appropriate body must make its findings available to the bodies and persons it consults. (6) The power under paragraph (1) may only be exercised— (a) by the Secretary of State in relation to the Natural Resources Body for Wales, with the consent of the Welsh Ministers; (b) by the Welsh Ministers in relation to the Environment Agency, with the consent of the Secretary of State.

405

In regulations 10(2), 25 and 28(1), for “Environment Agency” substitute “ appropriate body ”.

406

For regulation 29 substitute—

(29) (1) This regulation applies to— (a) registration of a carrier for the purposes of the Control of Pollution (Amendment) Act 1989; and (b) registration of a broker or dealer for the purposes of regulation 25. (2) An application for registration must be made to the appropriate body, using the form provided by that body. (3) All the information required by the form must be provided, together with any fee prescribed in a charging scheme made by the appropriate body under section 41 of the Environment Act 1995. (4) The appropriate body may require additional information to be provided. (5) Registration may be refused if, in the opinion of the appropriate body— (a) it is undesirable for the applicant to be authorised to transport controlled waste or to act as a broker or dealer of controlled waste (as the case may be); and (b) the applicant or another relevant person has been convicted of an offence under— (i) regulation 42, (ii) section 1, 5 or 7(3) of the Control of Pollution (Amendment) Act 1989, (iii) section 33 or 34 of the Environmental Protection Act 1990, (iv) section 110(2) of the Environment Act 1995, (v) the Hazardous Waste (England and Wales) Regulations 2005, (vi) the Hazardous Waste (Wales) Regulations 2005, (vii) the Transfrontier Shipment of Waste Regulations 2007, (viii) regulation 38 of the Environmental Permitting (England and Wales) Regulations 2007, or (ix) regulation 38 of the Environmental Permitting (England and Wales) Regulations 2010. (6) On registration the appropriate body must provide a certificate of registration to the applicant. (7) If registration is refused the appropriate body must notify the applicant and give written reasons for the refusal. (8) For the purposes of an application under paragraph (2) the appropriate body is— (a) in the case of a carrier, broker or dealer whose registered office or principal place of business is in England, the Environment Agency; (b) in the case of a carrier, broker or dealer whose registered office or principal place of business is in Wales, the Natural Resources Body for Wales.

407

(1) Regulation 30 is amended as follows.

(2) In paragraph (1), for “Environment Agency” substitute “ appropriate body ”.

(3) In paragraphs (2) to (4), for “Agency” substitute “ appropriate body ”.

408

In regulation 32(1)(b) and (2), for “Agency” substitute “ appropriate body ”.

409

In regulations 34, 35(6), 37 to 40 and 46, for “Environment Agency”, in each place where it occurs, substitute “ appropriate body ”.

410

(1) In Schedule 1, paragraph 13 is amended as follows.

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

Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2011

411

(1) Regulation 7 of the Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2011 is amended as follows.

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

(3) In paragraph (5), for the definition of “the Agency” substitute—

“the appropriate agency” means— (a) as regards England, the Environment Agency; (b) as regards Wales, the Natural Resources Body for Wales; (c) as regards Scotland, the Scottish Environment Protection Agency;

412

(1) In Schedule 1 to the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 , the Table is amended as follows.

(2) In the entry for the Environment Agency, in columns 2 and 3, omit “and/or Wales”.

(3) In column 1, for “The Countryside Council for Wales” substitute “ The Natural Resources Body for Wales ”.

(4) In the entry for the Forestry Commission, in columns 2 and 3, after “forests and woodlands” insert “ in England or Scotland ”.

(5) After the entry for the Forestry Commission insert a new entry—

The Natural Resources Body for Wales	All proposed applications likely to affect the protection or expansion of forests and woodlands in Wales	All applications likely to affect the protection or expansion of forests and woodlands in Wales

Incidental Flooding and Coastal Erosion (England) Order 2011

413

The Incidental Flooding and Coastal Erosion (England) Order 2011 is amended as follows.

414

(1) Article 3 is amended as follows.

(2) In paragraph (2)—

(a) in sub-paragraph (b), for “reference in section 157(6)(a)” substitute “ references in section 157(6)(a) and (7)(a) ”;

(b) in sub-paragraph (c), after “to (e)” insert “ and (7)(c) ”.

(3) In paragraph (3), after “Environment Agency” insert “ or the Natural Resources Body for Wales ”.

415

(1) Article 4 is amended as follows.

(2) In paragraph (1)—

(a) in sub-paragraph (a), after “Agency” insert “ or the NRBW ”;

(b) in sub-paragraph (c)—

(i) in the opening words, omit “the words “the Agency”;

(ii) in paragraph (i), at the beginning insert “ the words “the Agency or the NRBW” in ”;

(iii) after paragraph (i) insert—

(ia) the words “the Agency or, as the case may be, by the NRBW” in section 154(2);

(iv) in paragraph (ii), for “where they appear” substitute “ the words “the Agency or the NRBW” ”;

(v) in paragraph (iii), for “the second and third places they appear” substitute “the words “the Agency or the NRBW” and “the Agency or, as the case may be, the NRBW””;

(e) section 154(7) were omitted.

(3) In paragraph (2)—

(a) in sub-paragraph (a), after “The Agency” insert “ and the NRBW ”;

(b) in sub-paragraph (b)—

(i) after “the Agency” insert “ or, as the case may be, the NRBW ”;

(ii) omit “and (6)”;

(ca) the words “the local authority” were substituted for the words “the Agency” where they appear in section 157(6);

(d) after sub-paragraph (e) insert—

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