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Environment (Wales) Act 2016

Type Act of Senedd Cymru

Publication 2016-03-21

Last updated 2024-11-16

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

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PART 1 — SUSTAINABLE MANAGEMENT OF NATURAL RESOURCES

Introduction

Requirement to charge

1

The purpose of this Part is to promote sustainable management of natural resources.

Natural resources

2

In this Part, “natural resources” includes (but is not limited to)—

(a) animals, plants and other organisms;

(b) air, water and soil;

(d) geological features and processes;

(e) physiographical features;

(f) climatic features and processes.

Sustainable management of natural resources

3

(1) In this Part, “sustainable management of natural resources” means—

(a) using natural resources in a way and at a rate that promotes achievement of the objective in subsection (2),

(b) taking other action that promotes achievement of that objective, and

(2) The objective is to maintain and enhance the resilience of ecosystems and the benefits they provide and, in so doing—

(a) meet the needs of present generations of people without compromising the ability of future generations to meet their needs, and

(b) contribute to the achievement of the well-being goals in section 4 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2).

Principles of sustainable management of natural resources

4

In this Part, the “principles of sustainable management of natural resources” are—

(a) manage adaptively, by planning, monitoring, reviewing and, where appropriate, changing action;

(b) consider the appropriate spatial scale for action;

(d) make appropriate arrangements for public participation in decision-making;

(e) take account of all relevant evidence and gather evidence in respect of uncertainties;

(f) take account of the benefits and intrinsic value of natural resources and ecosystems;

(g) take account of the short, medium and long term consequences of actions;

(h) take action to prevent significant damage to ecosystems;

(i) take account of the resilience of ecosystems, in particular the following aspects—

(i) diversity between and within ecosystems;

(ii) the connections between and within ecosystems;

(iii) the scale of ecosystems;

(iv) the condition of ecosystems (including their structure and functioning);

(v) the adaptability of ecosystems.

General duties of public authorities

General purpose of Natural Resources Body for Wales

5

(1) The Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) is amended as follows.

(2) For article 4 substitute—

(4) (1) The Body must— (a) pursue sustainable management of natural resources in relation to Wales, and (b) apply the principles of sustainable management of natural resources, in the exercise of its functions, so far as consistent with their proper exercise. (2) In this article— - “principles of sustainable management of natural resources” (“egwyddorion rheoli cynaliadwy ar adnoddau naturiol”) has the meaning given by section 4 of the Environment (Wales) Act 2016; - “sustainable management of natural resources” (“rheoli cynaliadwy ar adnoddau naturiol”) has the meaning given by section 3 of the Environment (Wales) Act 2016.

(3) In article 5—

(a) in the heading, after “Body's” insert “ general ”;

(b) in paragraph (1), for “purpose” substitute “ general purpose in article 4 ”;

(4) Omit articles 5B and 5E.

Biodiversity and resilience of ecosystems duty

6

(1) A public authority must seek to maintain and enhance biodiversity in the exercise of functions in relation to Wales, and in so doing promote the resilience of ecosystems, so far as consistent with the proper exercise of those functions.

(2) In complying with subsection (1), a public authority must take account of the resilience of ecosystems, in particular the following aspects—

(a) diversity between and within ecosystems;

(b) the connections between and within ecosystems;

(d) the condition of ecosystems (including their structure and functioning);

(e) the adaptability of ecosystems.

(3) Subsection (1) does not apply to—

(a) the exercise of a function by Her Majesty's Revenue and Customs, or

(b) the exercise of a judicial function of a court or tribunal.

(4) In complying with subsection (1)—

(a) the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government, a Minister of the Crown and a government department must have regard to the United Nations Environmental Programme Convention on Biological Diversity of 1992, and

(b) any other public authority must have regard to any guidance given to it by the Welsh Ministers.

(5) In complying with subsection (1), a public authority other than a Minister of the Crown or government department must have regard to—

(a) the list published under section 7;

(b) the state of natural resources report published under section 8;

(c) any area statement published under section 11 for an area that includes all or part of an area in relation to which the authority exercises functions.

(d) the sustainable land management report published under section 6 of the Agriculture (Wales) Act 2023.

(6) A public authority other than a Minister of the Crown or government department must prepare and publish a plan setting out what it proposes to do to comply with subsection (1).

(7) A public authority must, before the end of 2019 and before the end of every third year after 2019, publish a report on what it has done to comply with subsection (1).

(8) A public authority that has published a plan under subsection (6)—

(a) must review the plan in the light of each report that it publishes under subsection (7), and

(b) may revise the plan at any time.

(9) In this section—

“Minister of the Crown” (“Gweinidog y Goron”) has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);

“public authority” (“awdurdod cyhoeddus”) means—the Welsh Ministers;the First Minister for Wales;the Counsel General to the Welsh Government;a Minister of the Crown;a public body (including a government department, a local authority , a corporate joint committee and a local planning authority ...);a person holding an office—under the Crown,created or continued in existence by a public general Act of the National Assembly for Wales or of Parliament, orthe remuneration in respect of which is paid out of money provided by the National Assembly for Wales or Parliament;a statutory undertaker.

(10) In subsection (9)—

“corporate joint committee” (“cyd-bwyllgor corfforedig”) means a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1);

“local authority” (“awdurdod lleol”) means a council of a county, county borough or community in Wales;

“local planning authority” (“awdurdod cynllunio lleol”) has the meaning given by the Town and Country Planning Act 1990 (c. 8);

“statutory undertaker” (“ymgymerwr statudol”) means any of the following—a person authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of hydraulic power;an operator of an electronic communications code network (within the meaning of paragraph 1(1) of Schedule 17 to the Communications Act 2003 (c. 21));an airport operator (within the meaning of the Airports Act 1986 (c. 31)) operating an airport to which Part 5 of that Act applies;a holder of a licence under section 7 or 7AA of the Gas Act 1986 (c. 44);a holder of a licence under section 6(1) of the Electricity Act 1989 (c. 29);a water or sewerage undertaker;the Civil Aviation Authority or a holder of a licence under Chapter 1 of Part 1 of the Transport Act 2000 (c. 38), to the extent that the person holding the licence is carrying out activities authorised by it;a universal service provider within the meaning of Part 3 of the Postal Services Act 2011 (c. 5);

Biodiversity lists and duty to take steps to maintain and enhance biodiversity

7

(1) The Welsh Ministers must prepare and publish a list of the living organisms and types of habitat which in their opinion are of principal importance for the purpose of maintaining and enhancing biodiversity in relation to Wales.

(2) Before publishing a list under this section the Welsh Ministers must consult the Natural Resources Body for Wales (“NRW”) as to the living organisms or types of habitat to be included in the list.

(3) Without prejudice to section 6, the Welsh Ministers must—

(a) take all reasonable steps to maintain and enhance the living organisms and types of habitat included in any list published under this section, and

(b) encourage others to take such steps.

(4) The Welsh Ministers must, in consultation with NRW—

(a) keep under review any list published by them under this section,

(b) make such revisions of any such list as appear to them appropriate, and

(5) In exercising their functions under this section, the Welsh Ministers must apply the principles of sustainable management of natural resources.

State of natural resources report

Duty to prepare and publish state of natural resources report

8

(1) NRW must prepare and publish reports in accordance with this section containing its assessment of the state of natural resources in relation to Wales.

(2) Each report must, among other things, set out—

(a) NRW's assessment of the extent to which sustainable management of natural resources is being achieved;

(b) NRW's assessment of biodiversity (including the living organisms and types of habitat included in any list published under section 7);

(c) what NRW considers to be the main trends and factors that are affecting, and are likely to affect, the state of natural resources;

(d) any aspects of the state of natural resources about which NRW considers that it does not have sufficient information to make an assessment.

(3) NRW must publish its first report before the end of four months starting with the day this section comes into force.

(4) Subsequently, NRW must publish a report before the end of the calendar year preceding a year in which an ordinary general election is due to be held.

(5) NRW must publish a draft of each report required by subsection (4) before the end of the calendar year preceding the year in which the report must be published.

(6) In this section, “ordinary general election” means the poll held at an ordinary general election under section 3 of the Government of Wales Act 2006 (c. 32).

National natural resources policy

Duty to prepare, publish and implement national natural resources policy

9

(1) The Welsh Ministers must prepare and publish a document setting out their general and specific policies for contributing to achieving sustainable management of natural resources in relation to Wales (the “national natural resources policy”).

(2) The national natural resources policy must set out what the Welsh Ministers consider to be the key priorities, risks and opportunities for sustainable management of natural resources in relation to Wales, including what they consider should be done in relation to climate change and biodiversity.

(3) The Welsh Ministers may include anything in the national natural resources policy which they consider relevant to achieving sustainable management of natural resources in relation to Wales.

(4) The Welsh Ministers must—

(a) take all reasonable steps to implement the national natural resources policy, and

(b) encourage others to take such steps.

(5) The Welsh Ministers must publish the first national natural resources policy before the end of 10 months starting with the day this section comes into force.

(6) The Welsh Ministers—

(a) must review the national natural resources policy after each general election, and

(b) may review the policy at any other time.

(7) The Welsh Ministers may at any time revise the national natural resources policy and must publish the national natural resources policy as revised.

(8) In exercising their functions under this section, the Welsh Ministers must apply the principles of sustainable management of natural resources.

(9) In preparing or revising the national natural resources policy, the Welsh Ministers must have regard to the most recent report under section 8 on the state of natural resources in relation to Wales.

(10) When the Welsh Ministers publish the national natural resources policy (or a revised policy), they must also publish a report summarising—

(a) any consultation that was carried out in preparing the policy, and

(b) any representations that were received as a result of the consultation.

(11) In subsection (6), “general election” means a poll held at an ordinary general election under section 3 of the Government of Wales Act 2006 (c. 32) or an extraordinary general election under section 5 of that Act.

Area-based implementation of the national policy

Meaning of public body in sections 11 to 15

10

(1) In sections 11 to 15, “public body” means any one of the following—

(a) a council of a county or county borough in Wales;

(b) a Local Health Board;

(i) Public Health Wales;

(ii) Velindre;

(d) a National Park authority for a National Park in Wales;

(e) a Welsh fire and rescue authority;

(f) the Commission for Tertiary Education and Research;

(g) the Arts Council of Wales;

(h) the Sports Council for Wales;

(i) the National Library of Wales;

(j) the National Museum of Wales.

(2) The Welsh Ministers may by regulations amend subsection (1) by—

(a) adding a person,

(b) removing a person, or

(3) But the regulations—

(a) may amend subsection (1) by adding a person only if that person exercises functions of a public nature;

(b) may amend that subsection by adding a Minister of the Crown only if the Secretary of State consents.

(4) If the regulations amend subsection (1) so as to add a person who has functions of a public nature and other functions, sections 11 to 15 apply to that person only in relation to those of the person's functions that are of a public nature.

(5) Before making regulations under subsection (2), the Welsh Ministers must consult—

(a) NRW,

(b) each person the Welsh Ministers propose to add or remove by the regulations, and

Area statements

11

(1) NRW must prepare and publish statements (“area statements”) for the areas of Wales that it considers appropriate for the purpose of facilitating the implementation of the national natural resources policy.

(2) NRW may use the area statements for any other purpose in the exercise of its functions.

(3) Each area statement must—

(a) explain why a statement has been prepared for the area, by reference to—

(i) the natural resources in the area,

(ii) the benefits which the natural resources provide, and

(iii) the priorities, risks and opportunities for the sustainable management of natural resources which need to be addressed;

(b) explain how the principles of sustainable management of natural resources have been applied in preparing the statement;

(c) state how NRW proposes to address the priorities, risks and opportunities, and how it proposes to apply the principles of sustainable management of natural resources in doing so;

(d) specify the public bodies which NRW considers may assist in addressing the priorities, risks and opportunities.

(4) NRW must ensure that every part of Wales is included in at least one of the areas for which it prepares an area statement.

(5) NRW must—

(a) take all reasonable steps to implement an area statement, and

(b) encourage others to take such steps.

(6) NRW must keep area statements under review and it may revise them at any time.

(7) Before publishing an area statement, NRW must consider whether—

(a) another plan, strategy or similar document should be incorporated into the area statement, or

(b) the area statement should be incorporated into another plan, strategy or similar document.

Welsh Ministers’ directions to implement area statements

12

(1) The Welsh Ministers may direct a public body to take such steps as appear to them to be reasonably practicable to address the matters specified in an area statement under section 11(3).

(2) Before giving a direction the Welsh Ministers must consult the public body they intend to direct.

(3) Where a direction is given to a public body under this section, the body must comply with it.

(4) A direction under this section may not require a public body to do something it may not otherwise do in the exercise of its functions.

(5) A direction under this section—

(a) must be published;

(b) may be varied or revoked by a later direction;

Guidance about implementing area statements

13

(1) In exercising its functions, a public body must have regard to any guidance given to it by the Welsh Ministers about steps that should be taken to address the matters specified in an area statement under section 11(3).

(2) The Welsh Ministers must publish any guidance they give for the purposes of this section.

Duty of public bodies to provide information or other assistance to NRW

14

(1) If NRW asks a public body to provide NRW with information which it requires for the purpose of exercising functions under section 8 or 11, the public body must provide the information unless the public body is prohibited from providing it by virtue of an enactment or any other rule of law.

(2) If NRW asks a public body to exercise its functions to provide NRW with other assistance which NRW requires for the purpose of exercising functions under section 8 or 11, the public body must provide the assistance unless the public body considers that doing so would—

(a) be incompatible with the public body's own duties, or

(b) otherwise have an adverse effect on the exercise of the public body's functions.

(3) The duties of a public body in subsections (1) and (2) are also duties of the Future Generations Commissioner for Wales, but they only apply to the Commissioner if the information or other assistance is required for the production of a report under section 8 on the state of natural resources.

Duty of NRW to provide information or other assistance to public bodies

15

(1) If a public body asks NRW to provide the public body with information which it requires for the purpose of implementing an area statement, NRW must provide the information unless NRW is prohibited from providing it by virtue of an enactment or any other rule of law.

(2) If a public body asks NRW to exercise its functions to provide the public body with other assistance which the public body requires for the purpose of implementing an area statement, NRW must provide the assistance unless NRW considers that doing so would⁠—

(a) be incompatible with NRW's own duties, or

(b) otherwise have an adverse effect on the exercise of NRW's functions.

Land management agreements

Power to enter into land management agreements

16

(1) NRW may make an agreement with a person who has an interest in land in Wales about the management or use of the land (a “land management agreement”), if doing so appears to it to promote the achievement of any objective it has in the exercise of its functions.

(2) A land management agreement may, among other things—

(a) impose on the person who has an interest in the land obligations in respect of the use of the land;

(b) impose on the person who has an interest in the land restrictions on the exercise of rights over the land;

(c) provide for the carrying out of such work as may be expedient for the purposes of the agreement by any person or persons;

(d) provide for any matter for which a management scheme relating to a site of special scientific interest provides (or could provide);

(e) provide for the making of payments by either party to the other party or to any other person;

(f) contain incidental and consequential provision.

(3) In this section—

“interest in land” (“buddiant mewn tir”) includes any estate in land and any right over land, whether the right is exercisable by virtue of ownership of an interest in land or by virtue of a licence or agreement, and in particular includes sporting rights;

“management scheme” (“cynllun rheoli”) has the meaning given by Part 2 of the Wildlife and Countryside Act 1981 (c. 69) (see section 28J);

“site of special scientific interest” (“safle o ddiddordeb gwyddonol arbennig”) has the meaning given by Part 2 of the Wildlife and Countryside Act 1981 (see section 52(1)).

Effect on successors in title of certain land management agreements

17

(1) Where a land management agreement is made with a person with a qualifying interest in land subject to the agreement which is not registered land, and the agreement provides that the provisions of this subsection have effect in relation to the agreement—

(a) the agreement may be registered as a land charge under the Land Charges Act 1972 (c. 61) as if it were a charge affecting land falling within paragraph (ii) of Class D,

(b) the provisions of section 4 of that Act (which relates to the effect of non-registration) apply as if the agreement were such a land charge, and

(c) subject to the provisions of section 4 of that Act, the agreement is binding upon any successor of the person with the qualifying interest to the same extent as it is binding upon that person, despite the fact that it would not have been binding upon that successor apart from the provisions of this subsection.

(2) Where a land management agreement is made with a person with a qualifying interest in land subject to the agreement which is registered land, and the agreement provides that the provisions of this subsection have effect in relation to the agreement—

(a) the agreement may be the subject of a notice in the register of title under the Land Registration Act 2002 (c. 9) as if it were an interest affecting the registered land,

(b) the provisions of sections 28 to 30 of that Act (effect of dispositions of registered land on priority of adverse interests) apply as if the agreement were such an interest, and

(c) subject to the provisions of those sections, the agreement is binding upon any successor of the person with the qualifying interest to the same extent as it is binding upon that person, despite the fact that it would not have been binding upon that successor apart from the provisions of this subsection.

(3) A person has a qualifying interest in land for the purpose of this section if the interest is⁠—

(a) an estate in fee simple absolute in possession;

(b) a term of years absolute granted for a term of more than seven years from the date of the grant and in the case of which some part of the period for which the term of years was granted remains unexpired.

(4) In this section—

“registered land” (“tir cofrestredig”) has the same meaning as in the Land Registration Act 2002;

“successor” (“olynydd”), in relation to an agreement with a person with a qualifying interest in any land, means a person deriving title or otherwise claiming under that person with a qualifying interest, otherwise than in right of an interest or charge to which the interest of the person with the qualifying interest was subject immediately before—the time when the agreement was made, where the land is not registered land, orthe time when the notice of the agreement was registered, where the land is registered land.

Application of Schedule 2 to the Forestry Act 1967 to land management agreements

18

Schedule 2 to the Forestry Act 1967 (c. 10) (power for tenant for life and others to enter into forestry dedication covenants) applies to land management agreements as it applies to forestry dedication covenants.

Effect of agreements on dedication of highway and grant of easement

19

For the purposes of any enactment or rule of law as to the circumstances in which the dedication of a highway or the grant of an easement may be presumed, or may be established by prescription, the use by the public or by any person of a way across land by virtue of a land management agreement is to be disregarded.

Transitional provisions

20

(1) An agreement relating to land in Wales entered into by NRW, or any predecessor of that body, under a disapplied enactment is to be treated as a land management agreement.

(2) The disapplied enactments are—

(a) section 16 of the National Parks and Access to the Countryside Act 1949 (c. 97);

(b) section 15 of the Countryside Act 1968 (c. 41);

Crown land

21

(1) The appropriate authority may enter into a land management agreement as respects an interest in Crown land held by or on behalf of the Crown.

(2) A land management agreement as respects any other interest in Crown land is of no effect unless approved by the appropriate authority.

(3) “Crown land” means land an interest in which—

(a) belongs to Her Majesty in right of the Crown,

(b) belongs to Her Majesty in right of the Duchy of Lancaster,

(d) belongs to a government department or is held in trust for Her Majesty for the purposes of a government department.

(4) “The appropriate authority”, in relation to any land, means—

(a) if the land belongs to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having the management of the land in question;

(b) if the land belongs to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

(c) if the land belongs to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;

(d) if the land belongs to a government department or is held in trust for Her Majesty for the purposes of a government department, that department.

(5) If any question arises under this section as to what authority is the appropriate authority in relation to any land, that question is to be referred to the Treasury, whose decision is final.

Experimental schemes

Power to suspend statutory requirements for experimental schemes

22

(1) On the application of NRW, the Welsh Ministers may by regulations make provision in relation to Wales—

(a) conferring on any person exemption from a statutory requirement for which NRW is responsible;

(b) relaxing any such requirement r in its application to a person;

(c) requiring a person to whom an exemption or relaxation applies to comply with conditions specified in the regulations;

(d) modifying an enactment in a way the Welsh Ministers consider necessary for the enforcement of, or in consequence of, any provision made by virtue of paragraphs (a) to (c)?.

(2) Regulations under subsection (1) may not make provision removing or modifying a function of a Minister of the Crown that was exercisable by a Minister of the Crown before 5 May 2011 unless the Secretary of State consents to the provision.

(3) Before making provision under subsection (1), the Welsh Ministers—

(a) must be satisfied that the provision is necessary to enable an experimental scheme that is likely to contribute to the sustainable management of natural resources to be carried out,

(b) must be satisfied that the regulations will not have the overall effect of increasing the regulatory burden on any person, and

(i) persons they think are likely to be affected by provision in the regulations, and

(ii) persons they think are likely to be otherwise affected by the experimental scheme.

(4) Regulations under subsection (1) have effect during a period specified in the regulations which must not exceed three years.

(5) But regulations under subsection (1) may, on one occasion only, extend the period for which previous regulations under that subsection have effect by a period of not more than three years from the end of the period specified in the previous regulations.

(6) Where the only substantive effect of regulations under subsection (1) is to revoke previous regulations under that subsection, the regulations may be made without an application from NRW.

(7) And subsection (3) does not apply to provisions in regulations under subsection (1) which revoke previous regulations under that subsection (whether or not NRW applies for the revocation).

(8) Where provision has been made under subsection (1) to enable an experimental scheme to be carried out, NRW must—

(a) evaluate the scheme at such time as it considers appropriate, and

(b) publish a report setting out the evaluation and describing any action that NRW considers should be taken in light of it.

(9) For the purposes of this section—

(a) a statutory requirement is a requirement imposed by an enactment;

(b) NRW is responsible for a statutory requirement if—

(i) it is a requirement to comply with a standard set or requirement imposed by NRW,

(ii) it is a requirement to obtain a licence or other authorisation from NRW before doing something,

(iii) it is a requirement that may be enforced by NRW, or

(iv) it is a requirement that applies to NRW and is concerned with the way in which, or the purposes for which, natural resources are managed or used.

(10) In this section, “experimental scheme” means a scheme carried out under arrangements made by NRW under article 10C of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903).

Power of NRW to conduct experimental schemes etc.

23

In the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903), for article 10C substitute—

(10C) (1) The Body may make arrangements for the carrying out (whether by the Body or by other persons) of research and experimental schemes that are relevant to the exercise of its functions. (2) The Body may provide support (by financial means or otherwise) for research and experimental schemes that are relevant to the exercise of its functions; and paragraphs (2) and (3) of article 10B apply to the giving of financial assistance under this paragraph. (3) In carrying out activities under this article relating to nature conservation, the Body must have regard to any common standards established under section 34(2)(c) of the Natural Environment and Rural Communities Act 2006 in so far as they are applicable to the activities. (4) In this article— - “experimental scheme” (“cynllun arbrofol”) means a scheme designed— 1. to develop or apply new or modified methods, concepts or techniques, or 2. to develop or test proposals for regulatory change; - “research” (“ymchwil”) includes inquiries and investigations.

General

Power to amend periods for the preparation and publication of documents

24

(1) The Welsh Ministers may by regulations make provision changing the time by which the following documents must be prepared or published—

(a) a state of natural resources report or a draft of such a report;

(b) the national natural resources policy.

(2) Regulations under subsection (1) may make provision by way of amendment of this Part.

(3) Before making regulations under subsection (1) the Welsh Ministers must consult NRW.

Regulations under this Part

25

(1) A power to make regulations under this Part is to be exercised by statutory instrument.

(2) A power to make regulations under this Part includes power—

(a) to make different provision for different purposes or cases;

(b) to make transitional or saving provision.

(3) A statutory instrument containing regulations under this Part may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(4) A statutory instrument containing regulations whose only substantive effect is to revoke regulations made under section 22(1) is not subject to the requirement in subsection (3), but must be laid before the National Assembly for Wales after being made.

General interpretation of this Part

26

In this Part—

“biodiversity” (“bioamrywiaeth”) means the diversity of living organisms, whether at the genetic, species or ecosystem level;

“land” (“tir”) includes land covered by water;

“land management agreement” (“cytundeb rheoli tir”) means an agreement under section 16;

“national natural resources policy” (“polisi adnoddau naturiol cenedlaethol”) has the meaning given by section 9;

“natural resources” (“adnoddau naturiol”) is to be interpreted in accordance with section 2;

“NRW” (“CNC”) means the Natural Resources Body for Wales;

“principles of sustainable management of natural resources” (“egwyddorion rheoli cynaliadwy ar adnoddau naturiol”) has the meaning given by section 4;

“sustainable management of natural resources” (“rheoli cynaliadwy ar adnoddau naturiol”) has the meaning given by section 3.

Minor and consequential provision

27

(1) The amendments made by this Part to the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) do not affect the power of the Welsh Ministers to make further orders under sections 13 and 15 of the Public Bodies Act 2011 (c. 24) amending or revoking the provision made by those amendments.

(2) Part 1 of Schedule 2 provides for minor and consequential amendments and repeals relating to this Part.

PART 2 — CLIMATE CHANGE

Introduction

Purpose of this Part

28

The purpose of this Part is to require the Welsh Ministers to meet targets for reducing emissions of greenhouse gases from Wales.

Emissions targets and carbon budgets: main duties of the Welsh Ministers

The 2050 emissions target

29

(1) The Welsh Ministers must ensure that the net Welsh emissions account for the year 2050 is at least 100% lower than the baseline.

(2) For the meaning of the “net Welsh emissions account” see section 33, and for the meaning of the “baseline” see section 38.

(3) The Welsh Ministers may by regulations amend subsection (1) so that it specifies a percentage greater than 80%.

(4) In this Part, the target in subsection (1) is referred to as the “2050 emissions target”.

Interim emissions targets

30

(1) For each interim target year, the Welsh Ministers must by regulations set a maximum amount for the net Welsh emissions account, expressed as a percentage below the baseline (an “interim emissions target”).

(2) The Welsh Ministers must ensure that the net Welsh emissions account for each interim target year does not exceed the interim emissions target for that year.

(3) The interim target years are 2020, 2030 and 2040.

(4) The Welsh Ministers must set the interim emissions targets before the end of 2018.

Carbon budgets

31

(1) For each budgetary period, the Welsh Ministers must by regulations set a maximum total amount for the net Welsh emissions account (a “carbon budget”).

(2) The Welsh Ministers must ensure that the net Welsh emissions account for each budgetary period does not exceed the carbon budget for that period.

(3) The budgetary periods are—

(a) 2016 to 2020, and

(b) each succeeding period of five years, ending with 2046 to 2050.

(4) The Welsh Ministers must—

(a) set the carbon budgets for the first two budgetary periods before the end of 2018, and

(b) set the carbon budget for the third and later budgetary periods at least five years before the start of the period in question.

Emissions targets and carbon budgets: principles

32

(1) The Welsh Ministers must—

(a) set each interim emissions target at a level that they are satisfied is consistent with meeting the 2050 emissions target, and

(b) set the carbon budget for each budgetary period at a level that they are satisfied is consistent with meeting—

(i) the 2050 emissions target, and

(ii) the interim emissions target for any interim target year that falls within or after that budgetary period.

(2) The Welsh Ministers may not make regulations changing the 2050 emissions target, an interim emissions target or a carbon budget unless at least one of the following conditions is met—

(a) they are satisfied that it is appropriate to make the change as a result of significant developments in—

(i) scientific knowledge about climate change, or

(ii) EU or international law or policy relating to climate change;

(b) the change has been recommended by the advisory body;

(3) When making regulations changing the 2050 emissions target, or setting or changing an interim emissions target or a carbon budget, the Welsh Ministers must have regard to—

(a) the most recent report under section 8 on the state of natural resources in relation to Wales,

(b) the most recent future trends report under section 11 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2),

(d) scientific knowledge about climate change,

(e) technology relevant to climate change, and

(f) EU and international law and policy relating to climate change (including international agreements on measures designed to limit increases in global average temperatures).

(4) Sections 49 and 50 make provision about advice that the Welsh Ministers must obtain from the advisory body and take into account before making regulations changing the 2050 emissions target or setting or changing an interim emissions target or a carbon budget.

Targets and budgets: scope and main concepts

The net Welsh emissions account

33

(1) The “net Welsh emissions account” for a period is the amount calculated as follows—

(a) determine the amount of net Welsh emissions of greenhouse gases for the period in accordance with section 34;

(b) subtract the amount of carbon units credited to the net Welsh emissions account for the period;

(2) The Welsh Ministers may by regulations make provision about—

(a) the circumstances in which carbon units may be credited to the net Welsh emissions account for a period;

(b) the circumstances in which carbon units must be debited from the net Welsh emissions account for a period;

(3) The regulations must contain provision for ensuring that carbon units that are credited to the net Welsh emissions account for a period cease to be available to offset other greenhouse gas emissions.

(4) The Welsh Ministers must by regulations set a limit on the net amount of carbon units by which the net Welsh emissions account for a period may be reduced as a result of applying subsection (1)(b) and (c).

(5) The regulations may provide that carbon units of a description specified in the regulations do not count towards the limit.

Net Welsh emissions

34

(1) In this Part, the “net Welsh emissions” of a greenhouse gas for a period means the amount of Welsh emissions of that gas for the period, reduced by the amount of Welsh removals of that gas for the period.

(2) “Welsh emissions” of a greenhouse gas are—

(a) emissions of that gas from sources in Wales, and

(b) emissions of that gas from international aviation or international shipping that count as Welsh emissions by virtue of regulations under section 35.

(3) “Welsh removals” of a greenhouse gas are removals of that gas from the atmosphere due to land use in Wales, land-use change in Wales or forestry activities in Wales.

(4) The amounts of Welsh emissions and Welsh removals of a greenhouse gas for a period must, so far as reasonably practicable, be determined consistently with international carbon reporting practice.

Welsh emissions from international aviation and shipping

35

(1) The Welsh Ministers may by regulations make provision for emissions of a greenhouse gas from international aviation and international shipping to count as Welsh emissions of the gas.

(2) The regulations may—

(a) specify activities which are to be regarded as international aviation or international shipping;

(b) specify the circumstances in which, and the extent to which, emissions of a greenhouse gas from international aviation or international shipping are to count as Welsh emissions of that gas;

(c) specify the period (whether past or future) from which emissions of a greenhouse gas from international aviation or international shipping are to count as Welsh emissions of that gas;

(d) make provision about how emissions of a greenhouse gas from international aviation or international shipping are to be taken into account in determining Welsh emissions of that gas for the baseline year for that gas;

(e) make different provision for different greenhouse gases and different periods.

Carbon units

36

(1) In this Part, a “carbon unit” means a unit of a kind specified in regulations made by the Welsh Ministers and representing—

(a) a reduction in an amount of greenhouse gas emissions,

(b) the removal of an amount of greenhouse gas from the atmosphere, or

(2) The Welsh Ministers may by regulations make provision for a scheme—

(a) for registering or otherwise keeping track of carbon units, or

(b) for establishing and maintaining accounts in which carbon units may be held, and between which they may be transferred, by the Welsh Ministers.

(3) The regulations may, in particular, provide for an existing scheme to be adapted for these purposes (including by amending any enactment relating to the existing scheme).

(4) The regulations may make provision—

(a) appointing a person (an “administrator”) to administer the scheme;

(b) conferring or imposing functions on the administrator for that purpose (including by amending any enactment relating to the administrator);

(d) conferring power on the Welsh Ministers to delegate the performance of any of the functions conferred or imposed on the Welsh Ministers by the regulations;

(e) requiring the payment by persons using the scheme of charges (of an amount determined by or under the regulations) towards the cost of operating it.

Greenhouse gases

37

(1) For the purposes of this Part, each of the following is a “greenhouse gas”—

(a) carbon dioxide;

(b) methane;

(d) hydrofluorocarbons;

(e) perfluorocarbons;

(f) sulphur hexafluoride;

(g) nitrogen trifluoride.

(2) The Welsh Ministers may by regulations amend subsection (1) to add a gas or modify a description of a gas.

The baseline

38

(1) In this Part, the “baseline” means the aggregate amount of net Welsh emissions of greenhouse gases for the baseline years.

(2) The baseline year for each greenhouse gas is—

(a) carbon dioxide: 1990;

(b) methane: 1990;

(d) hydrofluorocarbons: 1995;

(e) perfluorocarbons: 1995;

(f) sulphur hexafluoride: 1995;

(g) nitrogen trifluoride: 1995.

(3) The Welsh Ministers may by regulations amend subsection (2) to—

(a) specify the baseline year for a greenhouse gas added by regulations under section 37(2);

(b) modify the baseline year for a greenhouse gas.

(4) The Welsh Ministers may make provision under subsection (3)(b) only if they are satisfied that it is appropriate to do so as a result of significant developments in EU or international law or policy relating to climate change.

Compliance with carbon budgets: reports and statements by the Welsh Ministers

Proposals and policies for meeting carbon budget

39

(1) The Welsh Ministers must prepare and publish a report for each budgetary period setting out their proposals and policies for meeting the carbon budget for that period.

(2) The report must set out proposals and policies covering the areas of responsibility of each of the Welsh Ministers.

(3) The Welsh Ministers must—

(a) publish the report for the first budgetary period as soon as reasonably practicable after setting the carbon budget for that period;

(b) publish the report for the second and later budgetary periods before the end of the first year of the period in question.

Carrying amounts from one budgetary period to another

40

(1) The Welsh Ministers may decide to carry part of the carbon budget for a budgetary period back to the preceding budgetary period.

(2) The carbon budget for the later period is reduced, and that for the earlier period is increased, by the amount carried back.

(3) The amount carried back must not exceed 1% of the carbon budget for the later period.

(4) The Welsh Ministers may decide to carry any unused part of the carbon budget for a budgetary period forward to the next budgetary period.

(5) The carbon budget for the later period is increased, and that for the earlier period is reduced, by the amount carried forward.

(6) The carbon budget for a period is “unused” to the extent that it exceeds the net Welsh emissions account for the period.

(7) Before deciding to carry an amount back or forward under this section, the Welsh Ministers must consult the advisory body.

Final statement for budgetary period

41

(1) The Welsh Ministers must—

(a) prepare a final statement for each budgetary period in accordance with this section, and

(b) lay the statement before the National Assembly for Wales before the end of the second year after the period to which it relates.

(2) A final statement under this section must state, in respect of each greenhouse gas, the total amount of Welsh emissions, Welsh removals and net Welsh emissions for the budgetary period to which the statement relates.

(3) It must—

(a) state the total amount of carbon units that have been credited to or debited from the net Welsh emissions account for the period, and

(b) give details of the number and type of those units.

(4) It must state the final amount of the net Welsh emissions account for the period.

(5) It must state whether the Welsh Ministers have decided to carry an amount back or forward under section 40 so as to increase or reduce the carbon budget for the period, and if so must state the amount carried back or forward.

(6) It must state the final amount of the carbon budget for the period.

(7) Whether the carbon budget for the period has been met is to be determined by reference to the information in the statement.

(8) The statement must explain what the Welsh Ministers consider to be the reasons why the carbon budget for the period has, or has not, been met.

(9) In particular, it must include the Welsh Ministers' assessment of the extent to which their proposals and policies for meeting the carbon budget for the period—

(a) have been carried out, and

(b) have contributed to the carbon budget for the period being met (or not being met).

(10) The assessment must cover the areas of responsibility of each of the Welsh Ministers.

(11) A statement under this section must also include—

(a) an estimate of the total amount of Welsh consumer emissions for the budgetary period to which the statement relates, and

(b) an explanation of how the Welsh Ministers have calculated the estimate.

(12) The “Welsh consumer emissions” for a period are the emissions of greenhouse gases, whether in Wales or elsewhere, that may reasonably be attributed to the consumption and use of goods and services in Wales during the period.

Proposals and policies where carbon budget not met

42

(1) This section applies if the Welsh Ministers have laid a final statement before the National Assembly for Wales in respect of a budgetary period for which the net Welsh emissions account exceeds the carbon budget.

(2) No later than three months after laying the statement, the Welsh Ministers must lay before the National Assembly for Wales a report setting out proposals and policies to compensate for the excess emissions in later budgetary periods.

Compliance with emissions targets: statements by the Welsh Ministers

Statements for interim target years and 2050

43

(1) The Welsh Ministers must—

(a) prepare a statement for each interim target year and for the year 2050 in accordance with this section, and

(b) lay each statement before the National Assembly for Wales before the end of the second year after the year to which it relates.

(2) A statement under this section must state, in respect of each greenhouse gas, the total amount of Welsh emissions, Welsh removals and net Welsh emissions for the year to which the statement relates.

(3) It must—

(a) state the total amount of carbon units that have been credited to or debited from the net Welsh emissions account for the year, and

(b) give details of the number and type of those units.

(4) It must state the amount of the net Welsh emissions account for the year.

(5) Whether an interim emissions target or the 2050 emissions target has been met is to be determined by reference to the information in the statement for the year to which the target relates.

(6) The statement must explain what the Welsh Ministers consider to be the reasons why the target has, or has not, been met.

(7) A statement A under this section for a year may be combined with the statement under section 41 for the budgetary period that includes that year.

Functions of advisory body: reports and advice

Advisory body

44

(1) The Welsh Ministers may by regulations—

(a) establish a body corporate to exercise the functions of the advisory body under this Part, or

(b) designate a person to be the advisory body for the purposes of this Part.

(2) The regulations may designate a person only if the person exercises functions of a public nature.

(3) If no regulations under subsection (1) are in force, the advisory body is the Committee on Climate Change established under section 32 of the Climate Change Act 2008 (c. 27).

(4) Regulations under subsection (1)(a) may, in particular, include provision about—

(a) the status and membership of the body established by the regulations;

(b) the employment of staff by the body;

(d) the organisation and procedure of the body;

(e) reports and accounts (including audit).

(5) Regulations under subsection (1)(a) may enable the Welsh Ministers to give directions to the body in relation to the matters mentioned in subsection (4).

(6) Regulations under subsection (1) may make incidental, supplementary, consequential, transitional or saving provision, which may include provision amending, repealing or revoking an enactment.

Progress reports

45

(1) Before the end of the first budgetary period, the advisory body must send a report to the Welsh Ministers setting out the body's views on—

(a) the progress that has been made towards meeting—

(i) the carbon budgets that have been set under this Part,

(ii) the interim emissions targets, and

(iii) the 2050 emissions target,

(b) whether those budgets and targets are likely to be met, and

(2) No later than six months after the Welsh Ministers lay the final statement for a budgetary period before the National Assembly for Wales under section 41, the advisory body must send a report to the Welsh Ministers setting out the body's views on—

(a) the way in which the carbon budget for the period was or was not met,

(b) the action taken by the Welsh Ministers to reduce net Welsh emissions of greenhouse gases during the period, and

(3) No later than six months after the Welsh Ministers lay the statement under section 43 relating to 2030 before the National Assembly for Wales, the advisory body must send a report to the Welsh Ministers setting out the body's views on—

(a) whether the interim emissions target for 2040 and the 2050 emissions target are the highest achievable targets, and

(b) if either of them is not the highest achievable target, what is the highest achievable target.

(4) No later than six months after the Welsh Ministers lay the statement under section 43 relating to 2040 before the National Assembly for Wales, the advisory body must send a report to the Welsh Ministers setting out the body's views on—

(a) whether the 2050 emissions target is the highest achievable target, and

(b) if not, what is the highest achievable target.

(5) A report under subsection (3) or (4) may be combined with a report under subsection (2).

(6) The Welsh Ministers must lay a copy of each report they receive under this section before the National Assembly for Wales.

(7) The Welsh Ministers must lay a response to the points raised by the report before the National Assembly for Wales no later than six months after receiving the report.

Duty of advisory body to provide advice and assistance

46

If requested to do so by the Welsh Ministers, the advisory body must provide the Welsh Ministers with advice, analysis, information or other assistance that is relevant to—

(a) the exercise of the Welsh Ministers' functions under this Part, or

(b) any other matters relating to climate change.

Guidance to advisory body

47

(1) In exercising its functions under this Part, the advisory body must have regard to any guidance given to it by the Welsh Ministers.

(2) The Welsh Ministers may not give the advisory body guidance as to the content of any advice or report.

Regulations: procedure and advice

Regulations: procedure

48

(1) A power to make regulations under this Part is to be exercised by statutory instrument.

(2) A statutory instrument is subject to annulment in pursuance of a resolution of the National Assembly for Wales if it contains only—

(a) regulations under section 44(1)(b) which do not make provision amending or repealing an enactment contained in an Act of Parliament or a Measure or Act of the National Assembly for Wales;

(b) regulations under section 52.

(3) Any other statutory instrument containing regulations under this Part may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.

Requirement to obtain advice about proposals to make regulations

49

(1) Before laying draft regulations before the National Assembly for Wales in accordance with section 48, the Welsh Ministers must—

(a) request advice from the advisory body about the proposal to make the regulations, and

(b) take the advisory body's advice into account.

(2) When the Welsh Ministers request advice from the advisory body under this section, they must specify a reasonable period within which the advice must be provided.

(3) The advisory body must provide the advice within that period.

(4) The advisory body's advice must set out the reasons for the advice.

(5) The Welsh Ministers must publish the advisory body's advice as soon as reasonably practicable after receiving it.

(6) If the draft regulations laid before the National Assembly for Wales make different provision from that recommended by the advisory body, the Welsh Ministers must also lay before the National Assembly a statement setting out the reasons why.

(7) This section does not apply to regulations under section 44.

Advice about proposed regulations relating to targets and budgets

50

(1) When the advisory body provides the Welsh Ministers with advice about a proposal to make regulations under section 29 changing the 2050 emissions target or regulations under section 30 setting or changing an interim emissions target, the advice must include the advisory body's opinion as to—

(a) whether the target proposed by the Welsh Ministers is the highest achievable target, and

(b) if not, what is the highest achievable target.

(2) When the advisory body provides the Welsh Ministers with advice about a proposal to make regulations under section 31 setting or changing a carbon budget for a budgetary period, the advice must include the advisory body's opinion as to—

(a) the appropriate level of the carbon budget for the period;

(b) the extent to which the carbon budget for the period should be met—

(i) by reducing the amount of net Welsh emissions of greenhouse gases, or

(ii) by the use of carbon units that in accordance with regulations under sections 33 and 36 may be credited to the net Welsh emissions account for the period;

(i) by the sectors of the Welsh economy covered by trading schemes (taken as a whole);

(ii) by the sectors of the Welsh economy not so covered (taken as a whole);

(d) the sectors of the Welsh economy in which there are particular opportunities for contributions to be made towards meeting the carbon budget for the period through reductions in emissions of greenhouse gases.

(3) When advising the Welsh Ministers about a proposal to make regulations changing the 2050 emissions target, or setting or changing an interim emissions target or a carbon budget, the advisory body must have regard to the matters mentioned in section 32(3).

(4) In subsection (2), “trading scheme” has the meaning given by section 44 of the Climate Change Act 2008 (c. 27).

Measurement and interpretation

Measurement of emissions

51

(1) For the purposes of this Part, each of the following must be measured or calculated in tonnes of carbon dioxide equivalent—

(a) emissions of greenhouse gases;

(b) reductions in greenhouse gas emissions;

(2) A “tonne of carbon dioxide equivalent” means one metric tonne of carbon dioxide or an amount of any other greenhouse gas with an equivalent global warming potential (calculated consistently with international carbon reporting practice).

International carbon reporting practice

52

In this Part, “international carbon reporting practice” means accepted practice in relation to reporting for the purposes of—

(a) the protocols to the United Nations Framework Convention on Climate Change, or

(b) such other international agreements or arrangements, or obligations under EU law, as the Welsh Ministers may specify by regulations.

General interpretation of this Part

53

In this Part—

“2050 emissions target” (“targed allyriadau 2050”) has the meaning given by section 29;

“advisory body” (“corff cynghori”) is to be interpreted in accordance with section 44;

“baseline” (“gwaelodlin”) has the meaning given by section 38;

“budgetary period” (“cyfnod cyllidebol”) has the meaning given by section 31(3);

“carbon budget” (“cyllideb garbon“) has the meaning given by section 31(1);

“carbon unit” (“uned garbon”) has the meaning given by section 36(1);

“emissions” (“allyriadau”), in relation to a greenhouse gas, means emissions of that gas into the atmosphere that are attributable to human activity;

“EU law” (“cyfreithiau'r UE”) means—all the rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the EU Treaties, andall the remedies and procedures from time to time provided for by or under the EU Treaties;

“greenhouse gas” (“nwy tŷ gwydr”) has the meaning given by section 37;

“interim emissions target” (“targed allyriadau interim”) has the meaning given by section 30(1);

“interim target year” (“blwyddyn darged interim”) has the meaning given by section 30(3);

“international carbon reporting practice” (“arferion rhyngwladol adrodd ar garbon”) has the meaning given by section 52;

“net Welsh emissions” (“allyriadau net Cymru”) has the meaning given by section 34(1);

“net Welsh emissions account” (“cyfrif allyriadau net Cymru”) has the meaning given by section 33;

“Welsh emissions” (“allyriadau Cymru”) has the meaning given by section 34(2);

“Welsh removals” (“echdyniadau Cymru”) has the meaning given by section 34(3).

PART 3 — CHARGES FOR CARRIER BAGS

Regulations about charges for carrier bags

Meaning of “carrier bag”

54

In this Part, “carrier bag” means a bag supplied for the purpose of—

(a) enabling goods to be taken away from the place where they are sold, or

(b) enabling goods to be delivered.

Requirement to charge

55

(1) The Welsh Ministers must make regulations under this section (“carrier bag regulations”).

(2) Carrier bag regulations may require sellers of goods to charge for the supply of carrier bags of descriptions specified in the regulations in the circumstances mentioned in subsection (3).

(3) The circumstances are that the goods are—

(a) sold at or from a place in Wales, or

(b) intended to be delivered to a person in Wales.

(4) The regulations may specify a description of carrier bag by reference (for example) to—

(a) the bag's size, thickness, construction, composition or other characteristics,

(b) the bag's intended use,

or any combination of those factors.

(5) The regulations may—

(a) specify the minimum amount that must be charged for a carrier bag, or

(b) provide for that amount to be determined in accordance with the regulations.

(6) In this Part, “the charge” means any charge for the supply of carrier bags made in accordance with carrier bag regulations.

Sellers of goods

56

(1) In this Part, “seller of goods” means a person who sells goods in the course of a business.

(2) For the purposes of subsection (1), a person is acting in the course of a business if the person is—

(a) carrying on any business or undertaking, whether for profit or not, or

(b) exercising any functions of a public nature.

(3) Subsections (1) and (2) are subject to any provision made by carrier bag regulations about persons who are, or are not, to be regarded as sellers in relation to goods.

(4) Carrier bag regulations may make provision which applies to—

(a) all sellers of goods,

(b) specified sellers of goods,

(d) sellers within paragraph (b) and sellers within paragraph (c).

(5) The regulations may specify a description of seller by reference to—

(a) the place or places at or from which a seller supplies goods;

(b) the type of goods that a seller supplies;

(d) a seller's turnover or any part of the turnover;

(e) a seller's arrangements for applying the net proceeds of the charge (see section 57);

(f) any other factor that the Welsh Ministers consider appropriate, whether or not that factor is of the same kind as those listed in paragraphs (a) to (e).

Application of proceeds

57

(1) Carrier bag regulations must require the net proceeds of the charge to be applied to charitable purposes which—

(a) relate to environmental protection or improvement, and

(b) directly or indirectly benefit the whole or any part of Wales (whether or not they also benefit any other area).

(2) But the regulations must provide for an exception enabling a seller of goods to apply the net proceeds of the charge to other charitable purposes where—

(a) the seller has, within a specified period occurring before provision made under subsection (1) first comes into force, applied amounts received by way of charges for carrier bags to those purposes, and

(b) the seller has given notice of having applied amounts to those purposes as mentioned in paragraph (a) and of the seller's wish to be able to apply some or all of the net proceeds of the charge to those purposes.

(3) The regulations may make provision—

(a) about how, when and to whom notice must be given;

(b) about information that must be provided when giving notice;

(4) The provision made by the regulations under subsection (1) may require a seller of goods to apply the net proceeds of the charge—

(a) to such charitable purposes within that subsection as the seller may determine, or

(b) where the regulations specify one or more charitable purposes, to those specified purposes or to such of them as the seller may determine.

(5) Carrier bag regulations may (among other things)—

(a) provide for the net proceeds of the charge to be treated as having been applied in accordance with provision made under this section if they are accepted by specified persons or persons of a specified description (or both);

(b) make provision about the arrangements under which the net proceeds of the charge are to be given by sellers to the persons mentioned in paragraph (a) or any other person;

(c) require persons who accept any net proceeds of the charge to apply the proceeds to charitable purposes in accordance with provision made under subsection (1) or (2).

(6) The regulations may—

(a) provide for recovery by the Welsh Ministers of sums equal to the proceeds of the charge that have been accepted or applied otherwise than in accordance with provision made under this section;

(b) provide for the application of sums recovered by the Welsh Ministers to charitable purposes within subsection (1) (including such charitable purposes within that subsection as the Welsh Ministers may determine);

(7) Carrier bag regulations may make provision that applies to persons other than sellers of goods, if the Welsh Ministers consider that such provision is appropriate for the enforcement of provision made under this section or for otherwise making such provision effective.

(8) In this Part, “charitable purpose” has the meaning given in the Charities Act 2011 (c. 25) (see section 2 of that Act); but carrier bag regulations may provide for the definition to apply for the purposes of this Part with such modifications as the Welsh Ministers consider necessary or expedient for securing an appropriate application of the net proceeds of the charge.

Administration and enforcement

Administration

58

(1) Carrier bag regulations may appoint a person (an “administrator”) to administer provision made by the regulations.

(2) More than one person may be appointed as administrator.

(3) The regulations may confer powers, or impose duties, on an administrator

(4) The provision that may be made by virtue of subsection (3) includes provision—

(a) making modifications to any enactment applying to the administrator, or

(b) for any such enactment to apply, with or without modifications, for the purposes of the regulations.

(5) References in this Part to an administrator include a person appointed by an administrator.

Record-keeping and publication of records

59

(1) Carrier bag regulations may require records to be kept relating to charges made by sellers of goods for carrier bags (whether or not the charges are required by the regulations).

(2) The regulations may require—

(a) the records, or such other information as may be specified, to be published at such times and in such manner as may be specified;

(b) the records, or such other information as may be specified, to be supplied on request and in such manner as may be specified to—

(i) the Welsh Ministers,

(ii) an administrator, or

(iii) members of the public.

(3) The regulations may (for example) require the publication or supply of records or information relating to any of the following—

(a) the amount received by a seller of goods by way of charges for carrier bags (whether in accordance with the regulations or otherwise);

(b) the seller's gross or net proceeds of the charge;

(4) Carrier bag regulations may also require the publication or supply of records or information relating to the amount that a person has received from a seller by way of net proceeds of the charge to be applied to charitable purposes.

Enforcement

60

(1) Carrier bag regulations may confer or impose powers or duties on an administrator to enforce provision made by the regulations.

(2) The regulations may (for example) confer powers on an administrator to—

(a) require the production of documents or the provision of information, or

(b) question a seller of goods or officers or employees of a seller.

(3) The regulations may also confer powers on an administrator to question a person the administrator reasonably believes has received any net proceeds of the charge or officers or employees of such a person.

(4) Carrier bag regulations that confer a power within subsection (2) must contain provision for ensuring that the power is exercised by an administrator only where the administrator reasonably believes there has been a failure to comply with a requirement of the regulations.

Civil sanctions

61

Schedule 1 makes provision about civil sanctions.

General

Regulations under this Part

62

(1) The power to make carrier bag regulations is to be exercised by statutory instrument.

(2) The power to make carrier bag regulations includes power—

(a) to make different provision for different purposes or cases;

(b) to make incidental, supplementary, consequential, transitional or saving provision.

(3) Provision under subsection (2)(b) may amend, repeal or revoke an enactment.

(4) A statutory instrument containing carrier bag regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

General interpretation of this Part

63

In this Part—

“carrier bag” (“bag siopa”) has the meaning given by section 54;

“carrier bag regulations” (“rheoliadau bagiau siopa”) has the meaning given by section 55;

“the charge” (“y tâl”) has the meaning given by section 55;

“charitable purpose” (“diben elusennol”) is to be interpreted in accordance with section 57(8);

“gross proceeds of the charge” (“enillion gros o'r tâl”) means the amount received by a seller of goods by way of the charge;

“net proceeds of the charge” (“enillion net o'r tâl”) means a seller's gross proceeds of the charge reduced by such amounts as may be specified;

“seller of goods” (“gwerthwr nwyddau”) is to be interpreted in accordance with section 56;

“specified” (“penodedig”) means specified in carrier bag regulations.

Minor and consequential amendments and repeals

64

Part 2 of Schedule 2 contains minor and consequential amendments and repeals relating to this Part.

PART 4 — COLLECTION AND DISPOSAL OF WASTE

Separate collection etc. of waste

Requirements relating to separate collection etc. of waste

65

In the Environmental Protection Act 1990 (c. 43), after section 45A insert—

(45AA) (1) Where a waste collection authority in Wales arranges for the collection of controlled waste in its area under section 45, it must arrange for the waste to be collected in accordance with any applicable separation requirements. (2) A person acting in the course of a business who— (a) collects controlled waste from premises in Wales, or (b) receives, keeps, treats or transports controlled waste in Wales, must do so in accordance with any applicable separation requirements. (3) For the purposes of subsection (2), a person is acting in the course of a business if the person is— (a) carrying on any business or undertaking, whether for profit or not, or (b) exercising any functions of a public nature. (4) An occupier of premises in Wales who presents controlled waste for collection (whether by a waste collection authority or by any other person) must do so in accordance with any applicable separation requirements. (5) Subsection (4) does not apply to an occupier of premises within paragraph (a) or (b) of section 75(5) (domestic property and caravans). (6) A separation requirement is a requirement to take steps specified in regulations made by the Welsh Ministers for the purpose of ensuring or maintaining the separation of one or more types of waste from other types of waste or from other substances or articles. (7) A separation requirement is applicable in the circumstances specified in relation to that requirement in regulations made by the Welsh Ministers. (8) A person commits an offence if the person fails without reasonable excuse to comply with subsection (2) or (4). (9) A person who commits an offence under subsection (8) is liable on summary conviction, or on conviction on indictment, to a fine. (10) The Welsh Ministers may by regulations make provision (which may include provision amending this section)— (a) for subsection (1) or (2) to apply subject to exceptions; (b) for subsection (4) to apply subject to exceptions in addition to those in subsection (5). (11) Regulations under this section may make different provision for different purposes, different cases (including different persons, premises or types of waste) and different areas. (45AB) (1) The Welsh Ministers may issue one or more codes of practice for the purpose of giving practical guidance about how to comply with requirements imposed by or under section 45AA. (2) The Welsh Ministers may revoke or revise a code of practice issued under this section. (3) Before issuing a code of practice (or revised code), the Welsh Ministers must consult such persons as they think appropriate. (4) Where the Welsh Ministers issue a code of practice (or revised code) they must— (a) publish the code, and (b) lay a copy before the National Assembly for Wales. (5) A code of practice issued under this section is admissible in evidence in any proceedings and must be taken into account by a court in determining any question to which it appears to the court to be relevant.

Disposal of waste

Prohibition on disposal of food waste to sewer

66

(1) In the Environmental Protection Act 1990, after section 34C insert—

(34D) (1) An occupier of premises in Wales must not— (a) discharge food waste produced on or brought onto the premises, or (b) knowingly cause or knowingly permit food waste produced on or brought onto the premises to be discharged, into a public sewer or a sewer or drain communicating with a public sewer. (2) Subsection (1) does not apply to an occupier of premises within paragraph (a) or (b) of section 75(5) (domestic property and caravans). (3) A person commits an offence if, without reasonable excuse, the person contravenes subsection (1). (4) A person who commits an offence under subsection (3) is liable on summary conviction, or on conviction on indictment, to a fine. (5) In subsection (1)— - “food waste” means controlled waste that— 1. has at any time been food (which for this purpose does not include drink) intended for human consumption, or 2. is biodegradable waste arising from the processing or preparation of food or drink, - “drain”, “public sewer” and “sewer” have the meanings given in section 219(1) of the Water Industry Act 1991. (6) The Welsh Ministers may by regulations— (a) provide for subsection (1) to apply only in circumstances specified in the regulations; (b) make provision (which may include provision amending this section) for subsection (1) to apply subject to exceptions in addition to those in subsection (2); (c) amend the definition of “food waste” in subsection (5). (7) Regulations under subsection (6)(a) or (b) may make different provision for different purposes, different cases (including different persons, premises or types of food waste) and different areas.

(2) In section 118 of the Water Industry Act 1991 (c. 56)—

(a) in subsection (1), after “trade premises” insert “ in England ”;

(b) after subsection (1) insert—

(1A) Subject to the following provisions of this Chapter and section 34D of the Environmental Protection Act 1990, the occupier of any trade premises in Wales in the area of a sewage undertaker may discharge any trade effluent proceeding from those premises into the undertaker's public sewers if the occupier does so with the undertaker's consent.

Power to prohibit or regulate disposal of waste by incineration

67

In the Waste (Wales) Measure 2010 (nawm 8), after section 9 insert—

(9A) (1) The Welsh Ministers may by regulations make provision for and in connection with prohibiting or otherwise regulating the incineration in Wales of specified kinds of waste. (2) Regulations under subsection (1) may (among other things)— (a) amend regulations made under section 2 of the Pollution Prevention and Control Act 1999 which relate to the operation of waste incineration plants or waste co-incineration plants; (b) provide for offences in relation to failure to comply with provision made under the regulations; (c) provide for penalties in relation to such offences; (d) provide for enforcement authorities and the functions of such authorities. (3) In this section— - “incineration” (“llosgi”), in relation to waste, means— 1. incineration of the waste in a waste incineration plant or waste co-incineration plant, and 2. any other thermal treatment of the waste prior to its incineration; - “waste incineration plant” (“peiriant llosgi gwastraff”) has the meaning given in Article 3(40) of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (Recast); - “waste co-incineration plant” (“peiriant cydlosgi gwastraff”) has the meaning given in Article 3(41) of that Directive.

Enforcement

Civil sanctions

68

(1) For the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (c. 13) (“RESA 2008”), the offences under sections 34D and 45AA of the Environmental Protection Act 1990 (as inserted by sections 65 and 66) are to be treated as having been contained in that Act immediately before the day on which RESA 2008 was passed.

(2) Section 10 of the Waste (Wales) Measure 2010 is amended as follows.

(3) In the title, for “the deposit of waste in a landfill” substitute “ offences created by regulations under sections 9 and 9A ”.

(4) In subsection (1), after “9(1)” insert “ or 9A(1) ”.

(5) In subsection (2), for “Regulations under section 9(1) may” substitute “ The power may be exercised to ”.

(6) For subsection (3) substitute—

(3) But sections 39(4) and 42(6) of RESA 2008 do not apply to the provision that may be made by regulations under section 9(1) or 9A(1) by virtue of subsection (2).

(7) In subsection (4), for “to provision made under or by virtue of regulations under subsection (2) as they apply to provision” substitute “ where regulations under section 9(1) or 9A(1) make provision by virtue of subsection (2) as they apply where provision is ”.

(8) In subsection (6), after “9(1)” insert “ or 9A(1) (as appropriate) ”.

General

Regulations

69

(1) Section 161 of the Environmental Protection Act 1990 (regulations, orders and directions) is amended in accordance with subsections (2) to (4).

(2) In subsection (1), for “National Assembly for Wales” substitute “ the Welsh Ministers ”.

(3) In subsection (2A), for “made solely by the National Assembly for Wales” substitute “ containing regulations made solely by the Welsh Ministers ”.

(4) After subsection (2A) insert—

(2AA) A statutory instrument containing regulations under section 34D or 45AA(10) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. (2AB) Any other statutory instrument containing regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(5) In section 20(3) of the Waste (Wales) Measure 2010 (orders and regulations requiring approval of National Assembly for Wales), after “9,” insert “ 9A ”.

Minor and consequential amendments and repeals

70

Part 3 of Schedule 2 contains minor and consequential amendments and repeals relating to this Part.

PART 5 — FISHERIES FOR SHELLFISH

Applications for orders relating to fisheries

71

(1) In section 1 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (power to make orders as to fisheries for shellfish), after subsection (2) insert—

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