The Natural Resources Body for Wales (Functions) Order 2013

• (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);

• (c) article 36(1);

• (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;

...

365

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366

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367

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368

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369

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370

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371

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372

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373

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

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;

Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011

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””;

• (c) after sub-paragraph (d) insert—

(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)”;

• (c) after sub-paragraph (c) insert—

(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—

(ea) section 157(7) were omitted;

416

• (1) Article 6 is amended as follows.

• (2) In paragraph (1)—

• (a) in sub-paragraph (a)—

• (i) in the opening words, after “Agency” insert “ or by the NRBW ”;

• (ii) in paragraph (ii), omit “first”;

• (b) in sub-paragraph (b)—

• (i) in the opening words, after “Agency” insert “ or the NRBW ”;

• (ii) in paragraph (ii), for “the second place” substitute “ where ”.

• (3) In paragraph (2)—

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

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

• (c) in sub-paragraph (d), after “171(2)(b)” insert “ and (6) ”.

• (4) In paragraph (3)—

• (a) in sub-paragraph (f)—

• (i) after “Agency” insert “ or the NRBW ”;

• (ii) omit “and 8”;

• (b) after sub-paragraph (f) insert—

(fa) the words “or a local authority” were substituted for “, the Agency or the NRBW” in paragraph 8(1);

417

In article 8, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

Greenhouse Gas Emissions Trading Scheme Regulations 2012

418

The Greenhouse Gas Emissions Trading Scheme Regulations 2012 are amended as follows.

419

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

• (2) In the appropriate place insert—

“the NRBW” means the Natural Resources Body for Wales; “the NRBW Order” means the Natural Resources Body for Wales (Establishment) Order 2012;

• (3) In the definition of “regulator”, in sub-paragraph (a)—

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

• (b) after paragraph (i) insert—

(ia) Wales, the NRBW;

420

• (1) Regulation 20 is amended as follows.

• (2) In the definition of “area”—

• (a) in sub-paragraph (a) omit “and Wales”;

• (b) after sub-paragraph (a) insert—

(aa) in respect of the NRBW, Wales;

• (3) In the definition of “authority”, for sub-paragraph (a) substitute—

(a) the Welsh Ministers, where P's regulator is the NRBW;

421

• (1) Regulation 27 is amended as follows.

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

• (3) After sub-paragraph (a) insert—

(aa) the NRBW, where P has its registered office in Wales.

422

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

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

• (3) In sub-paragraph (b), after “in relation to” insert “ Wales, ”.

423

In regulations 52(4) and 73(3)(a), after “Environment Act 1995” insert “ , article 11 of the NRBW Order ”.

424

In regulation 86, after paragraph (1) insert—

(1A) The relevant provisions have effect as if— (a) in regulation 2(1) the definition of “regulator” was amended as follows— (i) in sub-paragraph (i) omit “and Wales”; (ii) after sub-paragraph (i) insert— (ia) in relation to an installation (other than an offshore installation) which is (or will be) situated in Wales, the Natural Resources Body for Wales; (b) regulation 35(5) was amended as follows— (i) in sub-paragraph (a) omit “and Wales”; and (ii) in sub-paragraph (b) after “in relation to” insert “Wales,

425

In regulation 87, after paragraph (1) insert—

(1A) The relevant provisions have effect as if the 2010 Regulations were amended as follows— (a) in regulation 4(1)— (i) in sub-paragraph (a)(i) omit “or Wales”; (ii) after sub-paragraph (a) insert— (aa) the Natural Resources Body for Wales, where the UK operator has its registered office in Wales; (b) in regulation 7, for sub-paragraph (a) substitute— (a) the Welsh Ministers, where the regulator is the Natural Resources Body for Wales; (c) in regulation 52(9)— (i) for sub-paragraph (a) substitute— (a) in respect of an appeal against a notice or deemed refusal of the Environment Agency, the Secretary of State; (ii) after sub-paragraph (a) insert— (aa) in respect of an appeal against a notice or deemed refusal of the Natural Resources Body for Wales, the Welsh Ministers; (d) in regulation 60— (i) in paragraph (5)(a) for “paragraph (5A)” substitute “ paragraphs (5A) to (5C) ”; (ii) in paragraph (5)(g) after “and 9” insert “ , as modified by paragraph (7A) ”; (iii) for paragraph (5A) substitute— (5A) In regulation 2— (a) in the definition of “area”— (i) in sub-paragraph (a) omit “and Wales” (ii) after sub-paragraph (a) insert— (aa) in respect of the Natural Resources Body for Wales, Wales; (b) in the definition of “UK operator”, after “means” insert “ (subject to regulation 2A of the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010) ”. (iv) after paragraph (5A) insert— (5B) In regulation 4— (a) in sub-paragraph (a)(i) omit “or Wales”; (b) after sub-paragraph (a) insert— (aa) the Natural Resources Body for Wales, where the UK operator has its registered office in Wales; (5C) In regulation 7, for sub-paragraph (a) substitute— (a) the Welsh Ministers, where the regulator is the Natural Resources Body for Wales; (v) after paragraph (7) insert— (7A) In regulation 36(6)— (a) for sub-paragraph (a) substitute— (a) in respect of an appeal against a notice or deemed refusal of the Environment Agency, the Secretary of State; (b) after sub-paragraph (a) insert— (aa) in respect of an appeal against a notice or deemed refusal of the Natural Resources Body for Wales, the Welsh Ministers;

426

In Schedule 5, in paragraphs 3(2) and (11) and 6(8), after “Environment Act 1995,” insert “ article 11 of the NRBW Order ”.

427

In Schedule 10, in paragraph 1(1)(a)(ii), for “where A's registered office is in Wales” substitute “ where the NRBW is the regulator ”.

SCHEDULE 5 — WELSH STATUTORY INSTRUMENTS

Countryside Access (Draft Maps) (Wales) Regulations 2001

1

The Countryside Access (Draft Maps) (Wales) Regulations 2001 are amended as follows.

2

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

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

• (3) In the appropriate place insert—

“the NRBW” (“CANC”) means the Natural Resources Body for Wales;

• (4) For “Council”, in each place where it occurs, substitute “ NRBW ”.

3

In regulations 3 to 7, for “Council”, in each place where it occurs, substitute “ NRBW ”.

4

In Schedule 1, after “Forestry Commission” insert “ (where land included in a draft map has a border with England) ”.

Countryside Access (Local Access Forums) (Wales) Regulations 2001

5

The Countryside Access (Local Access Forums) (Wales) Regulations 2001 are amended as follows.

6

In regulations 10(2)(d) and 15(9), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

7

• (1) Regulation 17 is amended as follows.

• (2) In sub-paragraph (a), for “the Countryside Council for Wales (the Council)” substitute “ the Natural Resources Body for Wales (the NRBW) ”.

• (3) In sub-paragraphs (b) and (c), for “Council”, in each place where it occurs, substitute “ NRBW ”.

Wildlife and Countryside (Sites of Special Scientific Interest, Appeals) (Wales) Regulations 2002

8

The Wildlife and Countryside (Sites of Special Scientific Interest, Appeals) (Wales) Regulations 2002 are amended as follows.

9

• (1) Regulation 2 is amended as follows.

• (2) In paragraph (1)—

• (a) omit the definition of “the Council”;

• (b) in the appropriate place insert—

“the NRBW” (“CANC”) means the Natural Resources Body for Wales;

• (3) In paragraph (2), for “Council”, in each place where it occurs, substitute “ NRBW ”.

10

In regulations 3(g), 6 to 10, 12 to 14, 16 and 19, for “Council”, in each place where it occurs (including in the headings to regulations 7, 8 and 10), substitute “ NRBW ”.

Countryside Access (Appeals Procedures) (Wales) Regulations 2002

11

• (1) Regulation 2(1) of the Countryside Access (Appeals Procedures) (Wales) Regulations 2002 is amended as follows.

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

• (3) In the appropriate place insert—

“the NRBW” (“CANC”) means the Natural Resources Body for Wales;

• (4) For “Council”, in each place where it occurs (except in the definition of “the Council”), substitute “NRBW”.

Countryside Access (Provisional and Conclusive Maps) (Wales) Regulations 2002

12

The Countryside Access (Provisional and Conclusive Maps) (Wales) Regulations 2002 are amended as follows.

13

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

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

• (3) In the appropriate place insert—

“the NRBW” (“CANC”) means the Natural Resources Body for Wales;

• (4) For “Council”, in each place where it occurs (except in the definition of “the Council”), substitute “NRBW”.

14

In regulations 3 to 10, for “Council”, in each place where it occurs, substitute “ NRBW ”.

15

In Schedule 1, after “The Environment Agency” and “Forestry Commission” insert “ (where land included in the provisional or conclusive map has a border with England) ”.

Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002

16

• (1) Regulation 13(4) of the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 is amended as follows.

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

• (3) Omit sub-paragraph (f).

Countryside Access (Dedication of Land as Access Land) (Wales) Regulations 2003

17

The Countryside Access (Dedication of Land as Access Land) (Wales) Regulations 2003 are amended as follows.

18

In regulation 2(1), omit the definition of “the Council”.

19

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

• (2) In sub-paragraph (b), for “the Council” substitute “ the Natural Resources Body for Wales ”.

• (3) Omit sub-paragraph (d).

Countryside Access (Exclusion or Restriction of Access) (Wales) Regulations 2003

20

The Countryside Access (Exclusion or Restriction of Access) (Wales) Regulations 2003 are amended as follows.

21

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

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

• (3) In the appropriate place insert—

“the NRBW” (“CANC”) means the Natural Resources Body for Wales;

22

In regulations 12(1) and 14(7) and (9), for “Council”, in each place where it occurs, substitute “ NRBW ”.

Coast Protection (Notices) (Wales) Regulations 2003

23

In regulation 4(c) of the Coast Protection (Notices) (Wales) Regulations 2003 , for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Water Industry (Prescribed Conditions) (Undertakers Wholly or Mainly in Wales) Regulations 2004

24

• (1) Regulation 3(3) of the Water Industry (Prescribed Conditions) (Undertakers Wholly or Mainly in Wales) Regulations 2004 is amended as follows.

• (2) For sub-paragraph (b), substitute—

(b) where the determination relates to an area that is the whole or part of an area of a water undertaker whose area is wholly in Wales, the Natural Resources Body for Wales;

• (3) For sub-paragraph (c), substitute—

(c) where the determination relates to an area that is the whole or part of an area of a water undertaker whose area is partly in Wales and partly in England, the Natural Resources Body for Wales and the Environment Agency;

Landfill Allowances Scheme (Wales) Regulations 2004

25

In regulation 5 of the Landfill Allowances Scheme (Wales) Regulations 2004 , for “Environment Agency” substitute “ Natural Resources Body for Wales ”.

Environmental Assessment of Plans and Programmes (Wales) Regulations 2004

26

• (1) Regulation 4 of the Environmental Assessment of Plans and Programmes (Wales) Regulations 2004 is amended as follows.

• (2) For paragraph (1) substitute—

(1) Subject to paragraph (2), in relation to every plan or programme to which these Regulations apply, each of the following bodies are consultation bodies— (a) the Natural Resources Body for Wales; (b) Cadw.

• (3) In paragraph (2), for “a body mentioned in paragraph (1)” substitute “ Cadw ”.

Hazardous Waste (Wales) Regulations 2005

27

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

28

In regulation 5(1), in the appropriate place insert—

“NRBW” (“CANC”) means the Natural Resources Body for Wales;

29

In regulation 11, after paragraph (a) insert—

(aa) the NRBW;

30

In the following provisions, for “Agency”, in each place where it occurs, substitute “ NRBW ”

• (a) regulation 21(1) and (2);

• (b) regulations 23 to 28;

• (c) regulation 33(1);

• (d) regulation 42(5)(a) and (6)(b)(ii);

• (e) regulation 47(4)(b);

• (f) regulation 49(5)(a) and (6);

• (g) regulation 51(3) and (4)(b);

• (h) regulation 53;

• (i) regulation 55.

31

In the heading to Part 8, for “Agency's” substitute “ NRBW's ”.

32

In the following provisions, for “Agency”, in each place where it occurs, substitute “ NRBW ”

• (a) regulation 56;

• (b) regulation 58 (including the heading);

• (c) regulation 60(1);

• (d) regulations 62 to 64 (including the heading to regulation 63).

33

In regulation 65A(1), for “the Environment Agency” substitute “ the NRBW ”.

34

In regulations 70 and 71(3), for “Agency”, in each place where it occurs, substitute “ NRBW ”.

35

• (1) Schedule 7 is amended as follows.

• (2) In paragraph 4—

• (a) in sub-paragraph (2)(a), for “Agency” substitute “ NRBW ”;

• (b) in sub-paragraph (3)(b), after “from Northern Ireland)” insert “ or the Agency (where the waste is transported from England) ”;

• (c) in sub-paragraph (4)—

• (i) after “or Northern Ireland” insert “ or England ”;

• (ii) after “from Northern Ireland)” insert “ or the Agency (where the waste is transported from England) ”.

• (3) In paragraph 5—

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

• (b) in sub-paragraph (2)(a)(i), after “in Northern Ireland)” insert “ or the Agency (where the waste is to be consigned to a consignee in England) ”.

36

In Schedule 10, in the Form of Fixed Penalty Notices, for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”.

Town and Country Planning (Local Development Plan) (Wales) Regulations 2005

37

• (1) Regulation 2(1) of the Town and Country Planning (Local Development Plan) (Wales) Regulations 2005 is amended as follows.

• (2) In the definition of “specific consultation bodies”—

• (a) in sub-paragraph (a), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”;

• (b) omit sub-paragraph (b).

Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 2006

38

In regulation 18(2)(a) of the Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 2006 , after “the Agency” insert “ , the Natural Resources Body for Wales ”.

Contaminated Land (Wales) Regulations 2006

39

The Contaminated Land (Wales) Regulations 2006 are amended as follows.

40

In regulations 5(1), 7(1)(o) and 13(3)(b), and in Schedule 3, in paragraphs 10(1) and 13, for “the Environment Agency” and “the Agency”, in each place where they occur, substitute “ the Natural Resources Body for Wales ”.

Controls on Dogs (Non-application to Designated Land) (Wales) Order 2007

41

In the Schedule to the Controls on Dogs (Non-application to Designated Land) (Wales) Order 2007 , the Table is amended as follows.

• (2) In the first description of land, in the first column, for “the Forestry Commissioners” substitute “ the Natural Resources Body for Wales ”.

Zoonoses (Monitoring) (Wales) Regulations 2007

42

In regulation 7 of the Zoonoses (Monitoring) (Wales) Regulations 2007 , for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007

43

The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007 are amended as follows.

44

• (1) In regulation 2(1), the definition of “consultation bodies” is amended as follows.

• (2) In sub-paragraph (a), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

• (3) Omit sub-paragraph (b).

45

In regulation 5(7)(d), omit “by the Countryside Council for Wales”.

Nitrate Pollution Prevention (Wales) Regulations 2008

46

The Nitrate Pollution Prevention (Wales) Regulations 2008 are amended as follows.

47

• (1) Regulation 6 is amended as follows.

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

• (3) In the appropriate place insert—

“NRBW” (“CANC”) means the Natural Resources Body for Wales;

48

In regulations 7(1)(a), 8(3) and 13A to 13D, for “Agency”, in each place where it occurs, substitute “ NRBW ”.

49

In regulation 49, for “Environment Agency” substitute “ NRBW ”.

50

In Schedule 4, in paragraph 19(1) and (2), for “Agency” substitute “ NRBW ”.

Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009

51

The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 are amended as follows.

52

• (1) Regulation 10 is amended as follows.

• (2) In paragraph (2)—

• (a) before “the Environment Agency”, in the first place where it occurs, insert “ either the Natural Resources Body for Wales or ”;

• (b) for “the Environment Agency”, in the second place where it occurs, substitute “ the Natural Resources Body for Wales ”.

• (3) In paragraph (3)(b)—

• (a) in paragraph (ii), for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”;

• (b) in paragraph (iii), for “Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

53

• (1) Regulation 11 is amended as follows.

• (2) In the table, in the third column—

• (a) for “Environment Agency” in each place where it occurs substitute “ Natural Resources Body for Wales ”;

• (b) for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”.

54

In regulation 31(2), for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”.

Crime and Disorder Strategies (Prescribed Descriptions) (Wales) Order 2009

55

In article 3(2)(a) of the Crime and Disorder Strategies (Prescribed Descriptions) (Wales) Order 2009 , for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”.

Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009

56

• (1) Regulation 2(1) of the Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009 is amended as follows.

• (2) In the definition of “the consultation bodies”, in sub-paragraph (b)—

• (a) in paragraph (ii), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”;

• (b) omit paragraph (iii).

• (3) In the definition of “sensitive area”, in sub-paragraph (g), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Water Resources (Control of Pollution) (Silage, Slurry and Agriculture Fuel Oil) (Wales) Regulations 2010

57

The Water Resources (Control of Pollution) (Silage, Slurry and Agriculture Fuel Oil) (Wales) Regulations 2010 are amended as follows.

58

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

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

• (3) In the appropriate place insert—

“NRBW” (“CANC”) means the Natural Resources Body for Wales;

59

In regulations 3(1)(c)(i) and 7 to 9, and in Schedule 2, in paragraphs 5(1)(b) and 7, for “Environment Agency”, in each place where it occurs, substitute “ NRBW ”.

Environmental Civil Sanctions (Wales) Order 2010

60

In article 2 of the Environmental Civil Sanctions (Wales) Order 2010 , for “The Environment Agency” substitute “ The Natural Resources Body for Wales ” .

Llangollen and Corwen Railway Order 2010

61

The Llangollen and Corwen Railway Order 2010 is amended as follows.

62

In article 9(8)(a) and the heading to article 21, for “Environment Agency” substitute “ Natural Resources Body for Wales ”.

63

In Schedule 4, for “Environment Agency”, in each place where it occurs (including in the heading to that Schedule), substitute “ Natural Resources Body for Wales ”.

Sea Fish (Specified Area) (Prohibition of Fixed Engines) (Wales) Order 2010

64

In article 4(1)(a) of the Sea Fish (Specified Area) (Prohibition of Fixed Engines) (Wales) Order 2010 , for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”.

Marine Licensing (Exempted Activities) (Wales) Order 2011

65

The Marine Licensing (Exempted Activities) (Wales) Order 2011 is amended as follows.

66

In articles 18(1) and 19(1), after “by or on behalf of” insert “ the Natural Resources Body for Wales or ”.

67

In article 25(1), for “the Countryside Council for Wales”, in each place where it occurs, substitute “ the Natural Resources Body for Wales ”.

Flood and Coastal Erosion Risk Management Information Appeals (Wales) Regulations 2011

68

In regulation 1(c)(ii) of the Flood and Coastal Erosion Risk Management Information Appeals (Wales) Regulations 2011 , after “the Environment Agency” insert “ and the Natural Resources Body for Wales ”.

Recycling, Preparation for Re-use and Composting Targets (Monitoring and Penalties) (Wales) Regulations 2011

69

The Recycling, Preparation for Re-use and Composting Targets (Monitoring and Penalties) (Wales) Regulations 2011 are amended as follows.

70

In regulation 2, in the definition of “the WasteDataFlow system”, for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”.

71

In regulation 3(1), for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”.

Incidental Flooding and Coastal Erosion (Wales) Order 2011

72

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

73

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

74

• (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 “An authorisation to” insert “ the Natural Resources Body for Wales or ”.

75

• (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””;

• (c) after sub-paragraph (d) insert—

(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)”;

• (c) in sub-paragraph (c), after “157(2)(b)” insert “ and (6) ”;

• (d) after sub-paragraph (c) insert—

(ca) the words “the local authority” were substituted for the words “the NRBW” where they appear in section 157(7);

• (e) in sub-paragraph (d), for “157(6)(a)” substitute “ 157(7)(a) ”;

• (f) in sub-paragraph (e), for “157(6)(c) to (e)” substitute “ 157(7)(c) ”.

76

• (1) Article 6 is amended as follows.

• (2) In paragraph (1)—

• (a) in sub-paragraph (a)—

• (i) in the opening words, after “Agency” insert “ or by the NRBW ”;

• (ii) in paragraph (ii), omit “first”;

• (b) in sub-paragraph (b)—

• (i) in the opening words, after “Agency” insert “ or the NRBW ”;

• (ii) in paragraph (ii), for “the second place” substitute “ where ”.

• (3) In paragraph (2)—

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

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

• (c) in sub-paragraph (d), after “171(2)(b)” insert “ and (6) ”.

• (4) In paragraph (3)—

• (a) in sub-paragraph (f)—

• (i) after “Agency” insert “ or the NRBW ”;

• (ii) omit “and 8”;

• (b) after sub-paragraph (f) insert—

(fa) the words “or a local authority” were substituted for “, the Agency or the NRBW” in paragraph 8(1);

77

In article 8, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

Town and Country Planning (Development Management Procedure) (Wales) Order 2012

78

The Town and Country Planning (Development Management Procedure) (Wales) Order 2012 is amended as follows.

79

• (1) Article 27(3) is amended as follows.

• (2) In sub-paragraph (b), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”.

• (3) Omit sub-paragraph (c).

80

• (1) In Schedule 4, the Table is amended as follows.

• (2) For “Environment Agency”, in each place where it occurs, substitute “ Natural Resources Body for Wales ”.

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

SCHEDULE 6 — OTHER SUBORDINATE LEGISLATION

Security and Emergency Measures (Water and Sewerage Undertakers) Direction 1998

1

In direction 4(1) of the Security and Emergency Measures (Water and Sewerage Undertakers) Direction 1998, after paragraph (b) insert—

(ba) The Natural Resources Body for Wales;

Environment Agency (River Dee) (Limitation of Salmon and Sea Trout) Order 2004

2

The Environment Agency (River Dee) (Limitation of Salmon and Sea Trout) Order 2004 is amended as follows.

3

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

4

In articles 5 and 9, for “Agency” substitute “ appropriate agency ”.

Environment Agency (Limitation of Net Fishing Licences) (Wales) Order 2009

5

The Environment Agency (Limitation of Net Fishing Licences) (Wales) Order 2009 is amended as follows.

6

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

7

• (1) Article 2 is amended as follows.

• (2) Omit the following definitions—

• (a) “the Agency”;

• (b) “the Agency's area”.

• (3) At the end of the definition of “licence”, omit “and”.

• (4) In the definition of “net licence officer”, for “Agency” and “Agency's”, in each place where they occur, substitute “ NRBW ” and “ NRBW's ” respectively.

• (5) In the appropriate places insert the following definitions—

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

“the NRBW's area” means the area in respect of which the NRBW carries out its functions relating to fisheries pursuant to section 6(7A) of the Environment Act 1995.

8

In articles 3 and 4, for “Agency's” and “Agency”, in each place where they occur, substitute “ NRBW's ” and “ NRBW ” respectively.

9

In article 5, for paragraph (1) substitute—

(1) Subject to article 8(2), all applications for licences for each year pursuant to this Order must be made to the NRBW not later than the 31st day of December in the previous year.

10

• (1) Article 6 is amended as follows.

• (2) In paragraphs (1) and (3) to (6), for “Agency” and “Agency's”, in each place where they occur, substitute “ NRBW ” and “ NRBW's ” respectively.

• (3) For paragraph (2) substitute—

(2) The NRBW must publish the criteria referred to in paragraph (1) of this article, and make them available for public inspection at its offices.

11

In article 7(1), for “Agency's” and “Agency” substitute “ NRBW's ” and “ NRBW ” respectively.

12

• (1) The Schedule is amended as follows.

• (2) In Part 1—

• (a) omit column 3;

• (b) in the entry relating to the Rivers Eastern and Western Cleddau, for “Agency” substitute “ NRBW ”.

• (3) In Part 2, omit column 3.

SCHEDULE 7 — TRANSITIONAL PROVISIONS AND SAVINGS

PART 1 — General provisions

Interpretation

1

• (1) In this Schedule—

• “the transfer date” (“y dyddiad trosglwyddo”) means 1 April 2013;

• “transferee” (“trosglwyddai”) means the body or person by whom a transferred function becomes exercisable on the transfer date;

• “transferor” (“trosglwyddwr”) means the body or person by whom a transferred function was exercisable immediately before the transfer date;

• “transferred function” (“swyddogaeth drosglwyddedig”) means any function which, by virtue of any provision made by this Order, becomes exercisable on the transfer date by a body or person other than the body or person by whom it was exercisable immediately before that date.

• (2) For the purpose of the definition of “transferred function”, it does not matter that a function continues to be exercisable on and after the transfer date by the transferor as well as the transferee (whether jointly or otherwise).

• (3) In this Schedule, any reference to anything done by or in relation to a transferor includes a reference to anything which, by virtue of any enactment, is treated as having been done by or in relation to that transferor.

Continuity of exercise of functions

2

• (1) None of the following, that is to say—

• (a) the abolition of the CCW,

• (b) the transfer, modification, repeal or revocation by this Order of any function, or

• (c) the transfer by this Order of any property, rights or liabilities,

affects the validity of anything done before the abolition, transfer, modification, repeal or revocation takes effect.

• (2) Anything (including, without limitation, legal proceedings) which, at the transfer date, is in the process of being done by or in relation to a transferor in the exercise of, or in connection with, a transferred function may be continued by or in relation to the transferee.

• (3) Anything done by or in relation to a transferor before the transfer date in the exercise of, or otherwise in connection with, a transferred function is, so far as is required for continuing its effect on and after that date, to have effect as if done by or in relation to the transferee.

• (4) Any reference to a transferor (and any reference which is to be read as a reference to a transferor) in any document constituting or relating to anything to which the provisions of this paragraph apply is, so far as is required for giving effect to those provisions, to be treated as a reference to the transferee.

3

• (1) This paragraph applies where—

• (a) a function (“the old function”) was conferred on the CCW by Part 7 of the 1990 Act or any other provision which is repealed by this Order;

• (b) an equivalent function (“the new function”) is conferred on the Body by any provision of the Establishment Order (as amended by this Order).

• (2) Anything (including, without limitation, legal proceedings) which, at the transfer date, is in the process of being done in relation to the old function may be continued in relation to the new function.

• (3) Anything done in relation to the old function is, so far as is required for continuing its effect on and after the transfer date, to have effect as if done in relation to the new function.

• (4) Any reference to the CCW (and any reference which is to be read as a reference to the CCW) in any document relating to the old function is, so far as is required for giving effect to this paragraph, to be treated as a reference to the Body.

4

The provisions of this Part—

• (a) are without prejudice to any provision made by this Order in relation to any particular functions;

• (b) are not to be treated as continuing in force any contract of employment made by a transferor.

PART 2 — Directions

General directions

5

• (1) A direction which was given under section 3(1) of the National Parks and Access to the Countryside Act 1949 or section 131(4) of the 1990 Act before the transfer date is to be treated on and after the transfer date as a direction given to the Body under article 11(1) of the Establishment Order.

• (2) A direction which was given for the purposes of section 1(4) of the Forestry Act 1967 before the transfer date is, to the extent that it applies in relation to a function that becomes exercisable by the Body by virtue of any provision made by this Order, to be treated on and after the transfer date as a direction given to the Body under article 11(1) of the Establishment Order.

• (3) A direction which was given under section 40(1) of the 1995 Act before the transfer date is, to the extent that it applies in relation to a transferred function, to be treated on and after the transfer date as a direction given to the Body under article 11(1) of the Establishment Order.