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Environment (Wales) Act 2016

2016 anaw 3 · Enacted 21 March 2016 · Extends to England and Wales

Not fully up to date. 9 changes made by later legislation have not yet been written into this text, which is revised to 27 June 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 6(9)words substitutedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 3 para. 28(a)
s. 6(10)words substitutedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 3 para. 28(b)
Sch. 2 para. 8 and cross-headingomittedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 3 para. 29
s. 83(2)(a)substitutedEnvironment Act 2021 s. 95(2)(a)
s. 83(2)(b)words substitutedEnvironment Act 2021 s. 95(2)(b)(i)
s. 83(2)(b)words substitutedEnvironment Act 2021 s. 95(2)(b)(ii)
s. 83(2)(b)words substitutedEnvironment Act 2021 s. 95(2)(b)(iii)
s. 83(3)substitutedEnvironment Act 2021 s. 95(3)
s. 77-80amendments extended to S. and N.I.Levelling-up and Regeneration Act 2023 s. 232(8)

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

  1. Part 1: SUSTAINABLE MANAGEMENT OF NATURAL RESOURCES
  2. Introduction
  3. 1Purpose of this Part
  4. 2Natural resources
  5. 3Sustainable management of natural resources
  6. 4Principles of sustainable management of natural resources
  7. General duties of public authorities
  8. 5General purpose of Natural Resources Body for Wales
  9. 6Biodiversity and resilience of ecosystems duty
  10. 6AEvaluation of action to maintain and enhance biodiversity
  11. Biodiversity targets
  12. 6BBiodiversity targets: general
  13. 6CDuty to make regulations setting targets: priority areas
  14. 6DTarget-setting process
  15. 6EDuty to meet targets
  16. 6FDesignation of public authorities for the purpose of section 6(2A)
  17. 6GReview of targets
  18. 6HRevoking or lowering targets
  19. 6IStatement about targets
  20. Biodiversity lists
  21. 7Biodiversity lists and duty to take steps to maintain and enhance biodiversity
  22. State of natural resources report
  23. 8Duty to prepare and publish state of natural resources report
  24. Duties of the Welsh Ministers
  25. 8ADuty to promote awareness of biodiversity
  26. 9Duty to prepare, publish and implement national natural resources policy
  27. Area-based implementation of the national policy
  28. 10Meaning of public body in sections 11 to 15
  29. 11Area statements
  30. 12Welsh Ministers' directions to implement area statements
  31. 13Guidance about implementing area statements
  32. 14Duty of public bodies to provide information or other assistance to NRW
  33. 15Duty of NRW to provide information or other assistance to public bodies
  34. Land management agreements
  35. 16Power to enter into land management agreements
  36. 17Effect on successors in title of certain land management agreements
  37. 18Application of Schedule 2 to the Forestry Act 1967 to land management agreements
  38. 19Effect of agreements on dedication of highway and grant of easement
  39. 20Transitional provisions
  40. 21Crown land
  41. Experimental schemes
  42. 22Power to suspend statutory requirements for experimental schemes
  43. 23Power of NRW to conduct experimental schemes etc.
  44. General
  45. 24Power to amend periods for the preparation and publication of documents
  46. 25Regulations under this Part
  47. 26General interpretation of this Part
  48. 27Minor and consequential provision
  49. Part 2: CLIMATE CHANGE
  50. Introduction
  51. 28Purpose of this Part
  52. Emissions targets and carbon budgets: main duties of the Welsh Ministers
  53. 29The 2050 emissions target
  54. 30Interim emissions targets
  55. 31Carbon budgets
  56. 32Emissions targets and carbon budgets: principles
  57. Targets and budgets: scope and main concepts
  58. 33The net Welsh emissions account
  59. 34Net Welsh emissions
  60. 35Welsh emissions from international aviation and shipping
  61. 36Carbon units
  62. 37Greenhouse gases
  63. 38The baseline
  64. Compliance with carbon budgets: reports and statements by the Welsh Ministers
  65. 39Proposals and policies for meeting carbon budget
  66. 40Carrying amounts from one budgetary period to another
  67. 41Final statement for budgetary period
  68. 42Proposals and policies where carbon budget not met
  69. Compliance with emissions targets: statements by the Welsh Ministers
  70. 43Statements for interim target years and 2050
  71. Functions of advisory body: reports and advice
  72. 44Advisory body
  73. 45Progress reports
  74. 46Duty of advisory body to provide advice and assistance
  75. 47Guidance to advisory body
  76. Regulations: procedure and advice
  77. 48Regulations: procedure
  78. 49Requirement to obtain advice about proposals to make regulations
  79. 50Advice about proposed regulations relating to targets and budgets
  80. Measurement and interpretation
  81. 51Measurement of emissions
  82. 52International carbon reporting practice
  83. 53General interpretation of this Part
  84. Part 3: CHARGES FOR CARRIER BAGS Not yet in force
  85. Regulations about charges for carrier bags Not yet in force
  86. 54Meaning of “carrier bag” Not yet in force
  87. 55Requirement to charge Not yet in force
  88. 56Sellers of goods Not yet in force
  89. 57Application of proceeds Not yet in force
  90. Administration and enforcement Not yet in force
  91. 58Administration Not yet in force
  92. 59Record-keeping and publication of records Not yet in force
  93. 60Enforcement Not yet in force
  94. 61Civil sanctions Not yet in force
  95. General Not yet in force
  96. 62Regulations under this Part Not yet in force
  97. 63General interpretation of this Part Not yet in force
  98. 64Minor and consequential amendments and repeals Not yet in force
  99. Part 4: COLLECTION AND DISPOSAL OF WASTE
  100. Separate collection etc. of waste
  101. 65Requirements relating to separate collection etc. of waste
  102. Disposal of waste
  103. 66Prohibition on disposal of food waste to sewer
  104. 67Power to prohibit or regulate disposal of waste by incineration
  105. Enforcement
  106. 68Civil sanctions
  107. General
  108. 69Regulations
  109. 70Minor and consequential amendments and repeals
  110. Part 5: FISHERIES FOR SHELLFISH
  111. Applications for orders relating to fisheries
  112. 71Applications for orders relating to fisheries
  113. Protection of marine environment
  114. 72Requirement to include environmental provisions in orders relating to fisheries
  115. 73Power to serve notices for protection of European marine sites
  116. 74Power to vary or revoke orders to protect European marine sites
  117. 75Supplementary provision
  118. Part 6: MARINE LICENSING
  119. 76Advice and assistance in relation to marine licensing
  120. 77Fees for monitoring, variation etc. of marine licences
  121. 78Further provision about payment of fees
  122. 79Appeal against variation etc. of marine licence for non-payment of fee or deposit
  123. 80Exceptions from power to delegate licensing authority functions
  124. Part 7: MISCELLANEOUS
  125. Flood and Coastal Erosion Committee
  126. 81Establishment of Flood and Coastal Erosion Committee
  127. Land drainage
  128. 82Repeal of requirements to publish in local newspapers etc.
  129. 83Valuation of non-agricultural land for apportionment of drainage expenses Not yet in force
  130. 84Power to make provision for appeals against special levies
  131. 85Power of entry: compliance with order for cleansing ditches etc.
  132. Byelaws
  133. 86Byelaws made by the Natural Resources Body for Wales
  134. Part 8: GENERAL
  135. 87Interpretation
  136. 88Coming into force
  137. 89Short title
  138. Schedule 1: CHARGES FOR CARRIER BAGS: CIVIL SANCTIONS Not yet in force
  139. Civil sanctions Not yet in force
  140. 1Paragraph 1 Not yet in force
  141. Fixed monetary penalties Not yet in force
  142. 2Paragraph 2 Not yet in force
  143. Fixed monetary penalties: procedure Not yet in force
  144. 3Paragraph 3 Not yet in force
  145. Discretionary requirements Not yet in force
  146. 4Paragraph 4 Not yet in force
  147. Discretionary requirements: procedure Not yet in force
  148. 5Paragraph 5 Not yet in force
  149. Discretionary requirements: enforcement Not yet in force
  150. 6Paragraph 6 Not yet in force
  151. Combination of sanctions Not yet in force
  152. 7Paragraph 7 Not yet in force
  153. Monetary penalties Not yet in force
  154. 8Paragraph 8 Not yet in force
  155. Costs recovery Not yet in force
  156. 9Paragraph 9 Not yet in force
  157. Appeals Not yet in force
  158. 10Paragraph 10 Not yet in force
  159. Publicity for imposition of civil sanctions Not yet in force
  160. 11Paragraph 11 Not yet in force
  161. Persons liable to civil sanctions Not yet in force
  162. 12Paragraph 12 Not yet in force
  163. Guidance about use of powers to impose civil sanctions and recover costs Not yet in force
  164. 13Paragraph 13 Not yet in force
  165. Publication of enforcement action Not yet in force
  166. 14Paragraph 14 Not yet in force
  167. Compliance with regulatory principles Not yet in force
  168. 15Paragraph 15 Not yet in force
  169. Review Not yet in force
  170. 16Paragraph 16 Not yet in force
  171. Suspension Not yet in force
  172. 17Paragraph 17 Not yet in force
  173. Payment of penalties into Welsh Consolidated Fund Not yet in force
  174. 18Paragraph 18 Not yet in force
  175. Index of defined terms Not yet in force
  176. 19Paragraph 19 Not yet in force
  177. Schedule 2: MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS
  178. Part 1: SUSTAINABLE MANAGEMENT OF NATURAL RESOURCES
  179. National Parks and Access to the Countryside Act 1949 (c. 97)
  180. 1Paragraph 1
  181. Countryside Act 1968 (c. 41)
  182. 2Paragraph 2
  183. Wildlife and Countryside Act 1981 (c. 69)
  184. 3Paragraph 3
  185. Road Traffic Regulation Act 1984 (c. 27)
  186. 4Paragraph 4
  187. Water Industry Act 1991 (c. 56)
  188. 5Paragraph 5
  189. Environment Act 1995 (c. 25)
  190. 6Paragraph 6
  191. Countryside and Rights of Way Act 2000 (c. 37)
  192. 7Paragraph 7
  193. Planning and Compulsory Purchase Act 2004 (c. 5)
  194. 8Paragraph 8
  195. Natural Environment and Rural Communities Act 2006 (c. 16)
  196. 9Paragraph 9
  197. Well-being of Future Generations (Wales) Act 2015 (anaw 2)
  198. 10Paragraph 10
  199. Planning (Wales) Act 2015 (anaw 4)
  200. 11Paragraph 11
  201. Part 2: CHARGES FOR CARRIER BAGS Not yet in force
  202. Climate Change Act 2008 (c. 27) Not yet in force
  203. 12Paragraph 12 Not yet in force
  204. Waste (Wales) Measure 2010 (nawm 8) Not yet in force
  205. 13Paragraph 13 Not yet in force
  206. Part 3: COLLECTION AND DISPOSAL OF WASTE
  207. Environmental Protection Act 1990 (c. 43)
  208. 14Paragraph 14
  209. Household Waste Recycling Act 2003 (c. 29)
  210. 15Paragraph 15
  211. Government of Wales Act 2006 (c. 32)
  212. 16Paragraph 16
  213. Waste (Wales) Measure 2010 (nawm 8)
  214. 17Paragraph 17
  215. Part 4: FLOOD AND COASTAL EROSION COMMITTEE
  216. Public Bodies (Admission to Meetings) Act 1960 (c. 67)
  217. 18Paragraph 18
  218. Local Government Act 1974 (c. 7)
  219. 19Paragraph 19
  220. Water Resources Act 1991 (c. 57)
  221. 20Paragraph 20
  222. Land Drainage Act 1991 (c. 59)
  223. 21Paragraph 21
  224. Environment Act 1995 (c. 25)
  225. 22Paragraph 22
  226. Freedom of Information Act 2000 (c. 36)
  227. 23Paragraph 23
  228. Public Services Ombudsman (Wales) Act 2005 (c. 10)
  229. 24Paragraph 24
  230. Flood and Water Management Act 2010 (c. 29)
  231. 25Paragraph 25
  232. Public Bodies Act 2011 (c. 24)
  233. 26Paragraph 26
  234. Water Act 2014 (c. 21)
  235. 27Paragraph 27
  236. Part 5: BYELAWS
  237. National Parks and Access to the Countryside Act 1949 (c. 97)
  238. 28Paragraph 28
  239. Countryside Act 1968 (c. 41)
  240. 29Paragraph 29
  241. Local Government Byelaws (Wales) Act 2012 (anaw 2)
  242. 30Paragraph 30