The Beavers (Wales) Order 2026

Made: 2 February 2026

Coming into force: 4 March 2026

The Welsh Ministers make this Order in exercise of the powers conferred by section 22(5)(a) of the Wildlife and Countryside Act 1981[^f00001] (“the 1981 Act”) and regulation 143(1) of the Conservation of Habitats and Species Regulations 2017[^f00002] (“the 2017 Regulations”).

For the purposes of section 26(4)(a) of the 1981 Act, the Welsh Ministers consider that no local authority is affected by this Order.

The Welsh Ministers have, in accordance with section 26(4)(a) and (b) of the 1981 Act— given any other person affected an opportunity to submit objections or representations with respect to the subject matter of this Order, and consulted with Natural Resources Wales, being the advisory body[^f00003] which the Welsh Ministers consider is best able to advise as to whether this Order should be made.

given any other person affected an opportunity to submit objections or representations with respect to the subject matter of this Order, and

consulted with Natural Resources Wales, being the advisory body[^f00003] which the Welsh Ministers consider is best able to advise as to whether this Order should be made.

For the purposes of regulation 143(1) of the 2017 Regulations, the Welsh Ministers are satisfied that the natural range of the species added to Schedule 2 to those Regulations by this Order includes an area in Great Britain.

Title, coming into force, and application

1

• (1) The title of this Order is the Beavers (Wales) Order 2026 and it comes into force on 4 March 2026.

• (2) This Order applies in relation to Wales.

Amendment of the Wildlife and Countryside Act 1981

2

• (1) Schedule 9 (animals and plants to which section 14 applies) to the Wildlife and Countryside Act 1981 is amended as follows.

• (2) In Part 1A (native animals), before the entry for “Capercaillie” insert—

• (3) In Part 1B (animals no longer normally present), omit—

Amendment of the Conservation of Habitats and Species Regulations 2017

3

In Schedule 2 (European Protected Species of animals) to the Conservation of Habitats and Species Regulations 2017, after the entry for “Bats, Typical (all species)” insert—

Revocation of the Wildlife and Countryside Act 1981 (Variation of Schedule 9) (Wales) Order 2015

4

The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (Wales) Order 2015[^f00004] is revoked.

Signed

Huw Irranca-Davies — Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs, one of the Welsh Ministers — 2 February 2026

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends Schedule 9 to the Wildlife and Countryside Act 1981 (“the 1981 Act”) and Schedule 2 to the Conservation of Habitats and Species Regulations 2017 (“the 2017 Regulations”).

Article 2 inserts the Eurasian Beaver into Part 1A (native animals) of Schedule 9 to the 1981 Act and omits the Eurasian Beaver from Part 1B (animals no longer normally present) of that Schedule.

Article 3 inserts the Eurasian Beaver into Schedule 2 to the 2017 Regulations, which lists European Protected Species of animals.

Article 4 revokes the Wildlife and Countryside Act 1981 (Variation of Schedule 9) (Wales) Order 2015, which inserted the Eurasian Beaver into Part 1B of Schedule 9 to the 1981 Act.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

Footnotes

[^f00001]: 1981 c. 69. The relevant functions of the Secretary of State under this Act, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), and subsequently transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32). Parts 1A and 1B of Schedule 9 to the 1981 Act were amended by S.I. 2022/858 in relation to England only, and Part 1B was also amended by S.I. 2015/1180 (W. 78); there are other amendments to Schedule 9 to the 1981 Act but none are relevant.

[^f00002]: S.I. 2017/1012, amended by S.I. 2019/579 and S.I. 2022/858, which applies in relation to England only; there are other amending instruments, but none are relevant. See the definition of “the appropriate authority” in regulation 3(1).

[^f00003]: See the definition of “advisory body” in section 23(3) of the 1981 Act.

[^f00004]: S.I. 2015/1180 (W. 78).