Environment (Wales) Act 2016
2016 anaw 3 · Enacted 21 March 2016 · Extends to England and Wales
An Act of the National Assembly for Wales to promote sustainable management of natural resources; to provide for targets for reducing emissions of greenhouse gases; to reform the law on charges for carrier bags; to provide for the separate collection of waste, prohibit disposal of food waste to sewers and provide for prohibiting or regulating disposal of waste by incineration; to make provision about several and regulated fisheries for shellfish; to make provision about fees for marine licences; to establish the Flood and Coastal Erosion Committee; and to make minor changes to the law about land drainage and byelaws made by the Natural Resources Body for Wales.
[21 March 2016]
Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:
Contents
- Part 1: SUSTAINABLE MANAGEMENT OF NATURAL RESOURCES
- Introduction
- 1Purpose of this Part
- 2Natural resources
- 3Sustainable management of natural resources
- 4Principles of sustainable management of natural resources
- General duties of public authorities
- 5General purpose of Natural Resources Body for Wales
- 6Biodiversity and resilience of ecosystems duty
- 6AEvaluation of action to maintain and enhance biodiversity
- Biodiversity targets
- 6BBiodiversity targets: general
- 6CDuty to make regulations setting targets: priority areas
- 6DTarget-setting process
- 6EDuty to meet targets
- 6FDesignation of public authorities for the purpose of section 6(2A)
- 6GReview of targets
- 6HRevoking or lowering targets
- 6IStatement about targets
- Biodiversity lists
- 7Biodiversity lists and duty to take steps to maintain and enhance biodiversity
- State of natural resources report
- 8Duty to prepare and publish state of natural resources report
- Duties of the Welsh Ministers
- 8ADuty to promote awareness of biodiversity
- 9Duty to prepare, publish and implement national natural resources policy
- Area-based implementation of the national policy
- 10Meaning of public body in sections 11 to 15
- 11Area statements
- 12Welsh Ministers' directions to implement area statements
- 13Guidance about implementing area statements
- 14Duty of public bodies to provide information or other assistance to NRW
- 15Duty of NRW to provide information or other assistance to public bodies
- Land management agreements
- 16Power to enter into land management agreements
- 17Effect on successors in title of certain land management agreements
- 18Application of Schedule 2 to the Forestry Act 1967 to land management agreements
- 19Effect of agreements on dedication of highway and grant of easement
- 20Transitional provisions
- 21Crown land
- Experimental schemes
- 22Power to suspend statutory requirements for experimental schemes
- 23Power of NRW to conduct experimental schemes etc.
- General
- 24Power to amend periods for the preparation and publication of documents
- 25Regulations under this Part
- 26General interpretation of this Part
- 27Minor and consequential provision
- Part 2: CLIMATE CHANGE
- Introduction
- 28Purpose of this Part
- Emissions targets and carbon budgets: main duties of the Welsh Ministers
- 29The 2050 emissions target
- 30Interim emissions targets
- 31Carbon budgets
- 32Emissions targets and carbon budgets: principles
- Targets and budgets: scope and main concepts
- 33The net Welsh emissions account
- 34Net Welsh emissions
- 35Welsh emissions from international aviation and shipping
- 36Carbon units
- 37Greenhouse gases
- 38The baseline
- Compliance with carbon budgets: reports and statements by the Welsh Ministers
- 39Proposals and policies for meeting carbon budget
- 40Carrying amounts from one budgetary period to another
- 41Final statement for budgetary period
- 42Proposals and policies where carbon budget not met
- Compliance with emissions targets: statements by the Welsh Ministers
- 43Statements for interim target years and 2050
- Functions of advisory body: reports and advice
- 44Advisory body
- 45Progress reports
- 46Duty of advisory body to provide advice and assistance
- 47Guidance to advisory body
- Regulations: procedure and advice
- 48Regulations: procedure
- 49Requirement to obtain advice about proposals to make regulations
- 50Advice about proposed regulations relating to targets and budgets
- Measurement and interpretation
- 51Measurement of emissions
- 52International carbon reporting practice
- 53General interpretation of this Part
- Part 3: CHARGES FOR CARRIER BAGS Not yet in force
- Regulations about charges for carrier bags Not yet in force
- 54Meaning of “carrier bag” Not yet in force
- 55Requirement to charge Not yet in force
- 56Sellers of goods Not yet in force
- 57Application of proceeds Not yet in force
- Administration and enforcement Not yet in force
- 58Administration Not yet in force
- 59Record-keeping and publication of records Not yet in force
- 60Enforcement Not yet in force
- 61Civil sanctions Not yet in force
- General Not yet in force
- 62Regulations under this Part Not yet in force
- 63General interpretation of this Part Not yet in force
- 64Minor and consequential amendments and repeals Not yet in force
- Part 4: COLLECTION AND DISPOSAL OF WASTE
- Separate collection etc. of waste
- 65Requirements relating to separate collection etc. of waste
- Disposal of waste
- 66Prohibition on disposal of food waste to sewer
- 67Power to prohibit or regulate disposal of waste by incineration
- Enforcement
- 68Civil sanctions
- General
- 69Regulations
- 70Minor and consequential amendments and repeals
- Part 5: FISHERIES FOR SHELLFISH
- Applications for orders relating to fisheries
- 71Applications for orders relating to fisheries
- Protection of marine environment
- 72Requirement to include environmental provisions in orders relating to fisheries
- 73Power to serve notices for protection of European marine sites
- 74Power to vary or revoke orders to protect European marine sites
- 75Supplementary provision
- Part 6: MARINE LICENSING
- 76Advice and assistance in relation to marine licensing
- 77Fees for monitoring, variation etc. of marine licences
- 78Further provision about payment of fees
- 79Appeal against variation etc. of marine licence for non-payment of fee or deposit
- 80Exceptions from power to delegate licensing authority functions
- Part 7: MISCELLANEOUS
- Flood and Coastal Erosion Committee
- 81Establishment of Flood and Coastal Erosion Committee
- Land drainage
- 82Repeal of requirements to publish in local newspapers etc.
- 83Valuation of non-agricultural land for apportionment of drainage expenses Not yet in force
- 84Power to make provision for appeals against special levies
- 85Power of entry: compliance with order for cleansing ditches etc.
- Byelaws
- 86Byelaws made by the Natural Resources Body for Wales
- Part 8: GENERAL
- 87Interpretation
- 88Coming into force
- 89Short title
- Schedule 1: CHARGES FOR CARRIER BAGS: CIVIL SANCTIONS Not yet in force
- Civil sanctions Not yet in force
- 1Paragraph 1 Not yet in force
- Fixed monetary penalties Not yet in force
- 2Paragraph 2 Not yet in force
- Fixed monetary penalties: procedure Not yet in force
- 3Paragraph 3 Not yet in force
- Discretionary requirements Not yet in force
- 4Paragraph 4 Not yet in force
- Discretionary requirements: procedure Not yet in force
- 5Paragraph 5 Not yet in force
- Discretionary requirements: enforcement Not yet in force
- 6Paragraph 6 Not yet in force
- Combination of sanctions Not yet in force
- 7Paragraph 7 Not yet in force
- Monetary penalties Not yet in force
- 8Paragraph 8 Not yet in force
- Costs recovery Not yet in force
- 9Paragraph 9 Not yet in force
- Appeals Not yet in force
- 10Paragraph 10 Not yet in force
- Publicity for imposition of civil sanctions Not yet in force
- 11Paragraph 11 Not yet in force
- Persons liable to civil sanctions Not yet in force
- 12Paragraph 12 Not yet in force
- Guidance about use of powers to impose civil sanctions and recover costs Not yet in force
- 13Paragraph 13 Not yet in force
- Publication of enforcement action Not yet in force
- 14Paragraph 14 Not yet in force
- Compliance with regulatory principles Not yet in force
- 15Paragraph 15 Not yet in force
- Review Not yet in force
- 16Paragraph 16 Not yet in force
- Suspension Not yet in force
- 17Paragraph 17 Not yet in force
- Payment of penalties into Welsh Consolidated Fund Not yet in force
- 18Paragraph 18 Not yet in force
- Index of defined terms Not yet in force
- 19Paragraph 19 Not yet in force
- Schedule 2: MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS
- Part 1: SUSTAINABLE MANAGEMENT OF NATURAL RESOURCES
- National Parks and Access to the Countryside Act 1949 (c. 97)
- 1Paragraph 1
- Countryside Act 1968 (c. 41)
- 2Paragraph 2
- Wildlife and Countryside Act 1981 (c. 69)
- 3Paragraph 3
- Road Traffic Regulation Act 1984 (c. 27)
- 4Paragraph 4
- Water Industry Act 1991 (c. 56)
- 5Paragraph 5
- Environment Act 1995 (c. 25)
- 6Paragraph 6
- Countryside and Rights of Way Act 2000 (c. 37)
- 7Paragraph 7
- Planning and Compulsory Purchase Act 2004 (c. 5)
- 8Paragraph 8
- Natural Environment and Rural Communities Act 2006 (c. 16)
- 9Paragraph 9
- Well-being of Future Generations (Wales) Act 2015 (anaw 2)
- 10Paragraph 10
- Planning (Wales) Act 2015 (anaw 4)
- 11Paragraph 11
- Part 2: CHARGES FOR CARRIER BAGS Not yet in force
- Climate Change Act 2008 (c. 27) Not yet in force
- 12Paragraph 12 Not yet in force
- Waste (Wales) Measure 2010 (nawm 8) Not yet in force
- 13Paragraph 13 Not yet in force
- Part 3: COLLECTION AND DISPOSAL OF WASTE
- Environmental Protection Act 1990 (c. 43)
- 14Paragraph 14
- Household Waste Recycling Act 2003 (c. 29)
- 15Paragraph 15
- Government of Wales Act 2006 (c. 32)
- 16Paragraph 16
- Waste (Wales) Measure 2010 (nawm 8)
- 17Paragraph 17
- Part 4: FLOOD AND COASTAL EROSION COMMITTEE
- Public Bodies (Admission to Meetings) Act 1960 (c. 67)
- 18Paragraph 18
- Local Government Act 1974 (c. 7)
- 19Paragraph 19
- Water Resources Act 1991 (c. 57)
- 20Paragraph 20
- Land Drainage Act 1991 (c. 59)
- 21Paragraph 21
- Environment Act 1995 (c. 25)
- 22Paragraph 22
- Freedom of Information Act 2000 (c. 36)
- 23Paragraph 23
- Public Services Ombudsman (Wales) Act 2005 (c. 10)
- 24Paragraph 24
- Flood and Water Management Act 2010 (c. 29)
- 25Paragraph 25
- Public Bodies Act 2011 (c. 24)
- 26Paragraph 26
- Water Act 2014 (c. 21)
- 27Paragraph 27
- Part 5: BYELAWS
- National Parks and Access to the Countryside Act 1949 (c. 97)
- 28Paragraph 28
- Countryside Act 1968 (c. 41)
- 29Paragraph 29
- Local Government Byelaws (Wales) Act 2012 (anaw 2)
- 30Paragraph 30