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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

articles Not indexed

Reform history JSON API

(2A) In relation to applications to the Welsh Ministers, subsection (2) has effect as if for “prescribed by regulations made by the appropriate Minister” there were substituted “ specified by the Welsh Ministers ”. (2B) The Welsh Ministers may require a person who applies to them for an order under this section to provide them with such further information as they think necessary to enable them to determine the application.

(2) The amendment made by subsection (1) does not apply in relation to applications that have been made to the Welsh Ministers before this section comes into force.

Protection of marine environment

Requirement to include environmental provisions in orders relating to fisheries

72

(1) The Sea Fisheries (Shellfish) Act 1967 is amended as follows.

(2) After section 5 insert—

(5A) (1) An order made by the Welsh Ministers under section 1 of this Act must contain— (a) such provision (if any) as the Welsh Ministers consider appropriate for the purpose of preventing harm to any European marine site identified in the order, and (b) such other provision (if any) as they consider appropriate for the purpose of protecting the marine environment. (2) For the purposes of this section, “the marine environment” includes— (a) the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features); (b) features of archaeological or historic interest in such areas; (c) flora and fauna which are dependent on, or associated with, a marine or coastal environment.

(3) In section 3, in subsection (2), for “section 4” substitute “ sections 4 and 5A ”.

Power to serve notices for protection of European marine sites

73

In the Sea Fisheries (Shellfish) Act 1967, after section 5A (as inserted by section 72) insert⁠—

(5B) (1) If it appears to the Welsh Ministers that harm to a European marine site has occurred, or is likely to occur, as a result of any activity— (a) carried on in the exercise of a right conferred by an order made by them under section 1 of this Act, or (b) authorised in pursuance of provision made by or under such an order which confers a right of regulating a fishery, the Welsh Ministers may serve a site protection notice on the grantees of the order. (2) A site protection notice is a notice which requires the grantees to take steps specified in the notice for the purpose of preventing harm (or further harm) to the European marine site. (3) The provision that may be made by a site protection notice includes provision prohibiting, restricting or interfering with the exercise of any right conferred by the order. (4) A site protection notice must— (a) be in writing, (b) set out the reasons for giving the notice, and (c) specify the time by which, or the period for which, the steps specified in the notice must be taken. (5) The Welsh Ministers must consult the grantees of the order before serving a site protection notice on them, unless it appears to the Welsh Ministers that there is an urgent need to take steps to prevent harm (or further harm) to the European marine site. (6) The Welsh Ministers may vary or cancel a site protection notice by serving notice of the variation or cancellation on the grantees of the order. (7) The Welsh Ministers must publish every notice served by them under this section in such manner as they consider appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by it. (8) Provision under subsection (4)(c) may specify a time after, or a period which ends after, the expiry of the order; and in such a case, references in sections 5C and 5D of this Act to the grantees of the order are, in relation to any time after its expiry, references to the persons who were the grantees immediately before the order expired. (9) Subsections (2) to (7) of section 5 of this Act apply for the purposes of this section as they apply for the purposes of subsection (1) of that section. (5C) (1) An appeal lies to the First-tier Tribunal against— (a) a site protection notice; (b) any provision of a site protection notice; (c) the variation of a site protection notice; (d) the refusal of a request for the variation or cancellation of a site protection notice. (2) An appeal may be brought— (a) in the case of an order made under section 1 of this Act which confers a right of several fishery, by the grantees of the order; (b) in the case of such an order which confers a right of regulating a fishery— (i) by the grantees of the order, or (ii) by a person authorised to carry on an activity in pursuance of provision made by or under the order who is affected by the site protection notice or variation. (3) Where an appeal is brought by a person mentioned in subsection (2)(b)(ii), the grantees of the order are entitled to be parties to the appeal. (4) The First-tier Tribunal may suspend a site protection notice, or a variation of such a notice, pending the determination of an appeal. (5) On an appeal the Tribunal may confirm, vary or cancel a site protection notice. (6) If the Tribunal varies or cancels the notice, it may order the Welsh Ministers to pay compensation to any other party to the appeal for loss or damage suffered by that party as a result of the notice. (5D) (1) If the grantees of an order made under section 1 of this Act fail to comply with a site protection notice, the Welsh Ministers may themselves do anything that could be done by the grantees for the purpose of complying with the notice. (2) If the Welsh Ministers incur expenses in doing anything under subsection (1), they may recover those expenses from the grantees as a debt.

Power to vary or revoke orders to protect European marine sites

74

(1) The Sea Fisheries (Shellfish) Act 1967 is amended as follows.

(2) After section 5D (as inserted by section 73) insert—

(5E) (1) This section applies where— (a) the Welsh Ministers have served a site protection notice on the grantees of an order made under section 1 of this Act, (b) the notice has not been cancelled under section 5B(6) or 5C(5) of this Act, and (c) no appeal under section 5C of this Act is pending. (2) The Welsh Ministers may vary or revoke the order to reflect the effect of the site protection notice. (3) Before making an order by virtue of this section, the Welsh Ministers must consult— (a) any persons who are entitled to a right of several fishery or a right of regulating a fishery in any part of the area to which the order relates, and (b) any other persons the Welsh Ministers think are likely to be interested in the order or affected by it. (4) For the purposes of subsection (1)(c), an appeal under section 5C is pending if— (a) an appeal under that section (or a further appeal) has been brought and has not been determined or withdrawn, or (b) an appeal under that section (or a further appeal) has not been brought but the period for bringing such an appeal is still running.

(3) In section 1 (power to make orders as to fisheries for shellfish), in subsection (8), after “subsection (10) below” insert “ or by virtue of section 5E of this Act ”.

Supplementary provision

75

In the Sea Fisheries (Shellfish) Act 1967, after section 5E (as inserted by section 74) insert⁠—

(5F) (1) In sections 5A to 5E of this Act— - “European marine site” has the same meaning as in the Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490) (see regulation 8); - “the grantees”, in relation to a right of several fishery, means the persons for the time being entitled to that right; - “harm”, in relation to a European marine site, means— 1. an adverse effect on the integrity of the site, 2. the deterioration of a relevant natural habitat or of the habitat of a relevant species, or 3. the disturbance of a relevant species, in so far as the disturbance could be significant in relation to the objectives of the Habitats Directive. (2) For the purposes of the definition of “harm” in subsection (1)— - a “relevant” natural habitat or species is one for which the site in question has been designated or classified as a European marine site; - “the Habitats Directive” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora. (3) Sections 5A to 5E of this Act do not apply in relation to an order made under section 1 of this Act before the coming into force of Part 5 of the Environment (Wales) Act 2016.

PART 6 — MARINE LICENSING

Advice and assistance in relation to marine licensing

76

In the Marine and Coastal Access Act 2009 (c. 23), after section 67 insert—

(67A) (1) This section applies where the Welsh Ministers are the appropriate licensing authority. (2) The licensing authority may provide advice or other assistance to any person who requests it in connection with— (a) an application which the person proposes to make to the licensing authority for a marine licence, or (b) any other matter in respect of which the licensing authority exercises functions under this Part. (3) The licensing authority may charge fees in respect of the reasonable costs incurred by it in connection with the provision of advice or other assistance under subsection (2).

Fees for monitoring, variation etc. of marine licences

77

(1) In the Marine and Coastal Access Act 2009, after section 72 insert—

(72A) (1) This section applies where the Welsh Ministers are the appropriate licensing authority in relation to a marine licence granted under this Part. (2) The licensing authority may require the licensee to pay a fee for— (a) monitoring an activity authorised by the licence, (b) assessing and interpreting the results of any monitoring of an activity authorised by the licence, or (c) dealing with an application by the licensee for a variation, suspension, revocation or transfer of the licence under section 72. (3) In subsection (2) “monitoring”, in relation to a licence, means monitoring carried out for the purposes of enabling the licensing authority to determine— (a) the environmental, economic or social consequences of any activity authorised by the licence, or (b) whether the licensee is complying with any conditions attached to that licence. (4) The fees that may be charged under subsection (2) are to be determined by or in accordance with regulations made by the licensing authority. (5) Regulations under subsection (4) may provide for different fees for different cases. (6) If the licensing authority carries out any investigation, examination or test which in its opinion is necessary or expedient to enable it to determine an application by a licensee for a variation, suspension, revocation or transfer of a licence under section 72, the authority may require the licensee to pay a fee towards the reasonable expenses of that investigation, examination or test. (7) If a licensee fails to comply with a requirement to pay a fee charged under subsection (2)(a) or (b), the licensing authority may by notice vary, suspend or revoke the licence. (8) The suspension of a licence under subsection (7) continues in effect until the fee is paid (but this is subject to any provision made under section 108(3)(b) in relation to notices under that subsection). (9) If a licensee who has applied for a variation, suspension, revocation or transfer of a licence under section 72 fails to comply with a requirement to pay a fee charged under this section in connection with that application, the licensing authority may— (a) refuse to proceed with the application, or (b) refuse to proceed with it until the failure is remedied.

(2) The amendment made by subsection (1) has effect in relation to marine licences whenever granted.

Further provision about payment of fees

78

In the Marine and Coastal Access Act 2009, after section 107 insert—

(107A) (1) This section applies where the Welsh Ministers are the appropriate licensing authority. (2) Where a person is required to pay a fee to the licensing authority under this Part, the licensing authority may require the person to pay a deposit on account of the fee. (3) The amount that a person may be required to pay under subsection (2) is to be determined by or in accordance with regulations made by the licensing authority. (4) If a licensee fails to comply with a requirement to pay a deposit charged under subsection (2) on account of a fee charged under section 72A(2)(a) or (b), the licensing authority may by notice vary, suspend or revoke the licence. (5) The suspension of a licence under subsection (4) continues in effect until the deposit is paid (but this is subject to any provision made under section 108(3)(b) in relation to notices under that subsection). (6) If a person who has applied for a licence under section 67 or for a variation, suspension, revocation or transfer of a licence under section 72 fails to comply with a requirement to pay a deposit charged under subsection (2) in connection with that application, the licensing authority may— (a) refuse to proceed with the application, or (b) refuse to proceed with it until the failure is remedied. (107B) (1) This section applies where the Welsh Ministers are the appropriate licensing authority. (2) When making provision under section 67(2) or 72A(4) about fees payable in respect of a type of application to the licensing authority or in respect of an activity of the licensing authority, the licensing authority must decide what provision to make by reference to the expected costs of dealing with that type of application or of carrying out that activity. (3) The licensing authority may require a fee charged by it under this Part to be payable in advance of the activity to which the fee relates being carried out. (4) The licensing authority may waive or reduce a fee. (5) The licensing authority may by regulations make provision about how and when a fee or deposit charged by it under this Part is to be paid. (6) A fee or deposit charged under this Part may be recovered by the licensing authority as a civil debt (in addition to any other action that may be taken by the licensing authority).

Appeal against variation etc. of marine licence for non-payment of fee or deposit

79

In section 108 of the Marine and Coastal Access Act 2009 (appeals against notices), after subsection (2) insert—

(2A) The Welsh Ministers must by regulations make provision for any person to whom a notice is issued under section 72A(7) or 107A(4) to appeal against that notice.

Exceptions from power to delegate licensing authority functions

80

In section 98(6) of the Marine and Coastal Access Act 2009 (functions excepted from power to delegate)—

(a) after paragraph (c) insert—

(ca) section 72A(4) (making regulations regarding fees for monitoring, variation etc of licences for which the Welsh Ministers are the licensing authority);

;

(b) after paragraph (h) insert—

(ha) section 107A(3) (making regulations regarding deposits payable on account of fees where the Welsh Ministers are the licensing authority); (hb) section 107B(5) (making regulations regarding payment of fees and deposits where the Welsh Ministers are the licensing authority);

PART 7 — MISCELLANEOUS

Flood and Coastal Erosion Committee

Establishment of Flood and Coastal Erosion Committee

81

(1) In the Flood and Water Management Act 2010 (c. 29), before section 27 (and the italic cross-heading before it) insert—

(26B) (1) There is established a committee to be known as the Flood and Coastal Erosion Committee or Pwyllgor Llifogydd ac Erydu Arfordirol. (2) The purpose of the Committee is to advise the Welsh Ministers on matters relating to flood and coastal erosion risk management. (3) The Welsh Ministers may by regulations confer or impose additional functions on the Committee for any purpose connected with flood or coastal erosion risk management in Wales. (26C) (1) The Welsh Ministers may by regulations make provision about the membership of the Flood and Coastal Erosion Committee, including⁠— (a) the number of members, (b) conditions of eligibility for appointment, and (c) the method of selection and appointment of members (including who is to appoint them). (2) The Welsh Ministers may by regulations make provision about the proceedings of the Committee, including— (a) quorum, and (b) the nature and extent of a majority required for specified purposes. (26D) (1) The Welsh Ministers may by regulations make provision for the payment to or in respect of persons who chair or have chaired the Flood and Coastal Erosion Committee of— (a) remuneration; (b) allowances; (c) sums by way of or in respect of pension; (d) compensation for loss of office. (2) The Welsh Ministers may by regulations make provision for the payment of allowances to members of the Committee. (3) Regulations under this section— (a) must specify who is to make any payment for which the regulations make provision; (b) may make provision about the circumstances in which a payment is to be made; (c) may determine, or provide for the determination of, the amount or maximum amount of a payment.

(2) The Regional Flood and Coastal Committee established under section 22(1)(c) of the Flood and Water Management Act 2010 is abolished.

(3) Part 4 of Schedule 2 provides for minor and consequential amendments and repeals relating to this section.

Land drainage

Repeal of requirements to publish in local newspapers etc.

82

(1) In the Land Drainage Act 1991 (c. 59), omit—

section 2(2A);

section 3(4A);

section 38(6A);

section 39(5A);

section 48(3A);

section 58(3A);

paragraph 1(1A) of Schedule 5.

(2) In Schedule 9 to the Water Act 2014 (c. 21), omit paragraphs 2(3), 3(3), 4(3), 5(3), 6(3), 7(3) and 8(3).

Valuation of non-agricultural land for apportionment of drainage expenses

83

(1) The Land Drainage Act 1991 (c. 59) is amended as follows.

(2) In section 37 (apportionment of expenses of internal drainage boards)—

(a) in subsection (5), after “this section” insert “ as it applies in relation to England, ”;

(b) after subsection (5) insert—

(5A) For the purposes of this section as it applies in relation to Wales, the value of other land in an internal drainage district is to be determined in accordance with regulations made by the Welsh Ministers. (5B) The regulations may, among other things, make provision— (a) about methods to be applied, or factors to be taken into account, in determining the value of land; (b) for the value of land to be determined on the basis of estimates, assumptions or averages; (c) for the value of land to be determined for the purposes of this section by reference to the value shown for the time being in a list or register prepared for the purposes of another enactment; (d) for determining the value of land which is only partly within the internal drainage district in question. (5C) The regulations may— (a) make different provision for different cases, including different provision in relation to different circumstances or descriptions of land; (b) make such incidental, supplementary, consequential, transitional or saving provision as the Welsh Ministers consider appropriate. (5D) Regulations may not be made under subsection (5A) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, the National Assembly for Wales.

(3) In section 65(2) (regulations), after “Subject to” insert “ section 37(5D) and ”.

Power to make provision for appeals against special levies

84

(1) The Local Government Finance Act 1988 (c. 41) is amended as follows.

(2) In section 75 (special levies), after subsection (7) insert—

(7A) Regulations made by the Welsh Ministers may include provision for appeals to be made to the Welsh Ministers from special levies issued to meet expenses incurred in the exercise of functions relating to land drainage.

(3) In section 138 (judicial review)—

(a) in subsection (2)(f), after “above” insert “ (subject to subsection (4)) ”;

(b) after subsection (3) insert—

(4) Subsection (1) does not affect appeals made by virtue of provision made in regulations under section 75(7A)

(4) In section 143 (orders and regulations)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) omit subsection (4A).

(5) In Schedule 7 to the Local Government Act 2003 (c. 26), omit paragraph 24(4).

Power of entry: compliance with order for cleansing ditches etc.

85

(1) In section 29 of the Land Drainage Act 1991 (c. 59) (effect of orders requiring cleansing of ditches etc.), after subsection (1) insert—

(1A) Where, in the case of an order made under section 28 by the Agricultural Land Tribunal in relation to land in Wales, the Welsh Ministers, at any time after the end of three months or such longer period as may be specified in the order, have reasonable grounds for believing that any work specified in the order has not been carried out⁠— (a) the Welsh Ministers, or (b) any person authorised by them, either generally or in a particular case, may, in order to ascertain whether the work has been carried out, enter any land which it is necessary to enter for that purpose.

(2) The amendment made by subsection (1) has effect in relation to orders whenever made.

Byelaws

Byelaws made by the Natural Resources Body for Wales

86

Part 5 of Schedule 2 contains amendments relating to byelaws made by the Natural Resources Body for Wales.

PART 8 — GENERAL

Interpretation

87

In this Act—

“enactment”(“deddfiad”) means a provision contained in any of the following (whenever enacted or made)—an Act of Parliament;a Measure or an Act of the National Assembly for Wales;subordinate legislation within the meaning of the Interpretation Act 1978 (c. 30) (including subordinate legislation made under an Act of Parliament or a Measure or Act of the National Assembly for Wales);

“Wales” (“Cymru”) has the meaning given by section 158 of the Government of Wales Act 2006 (c. 32).

Coming into force

88

(1) This Part comes into force on the day on which this Act receives Royal Assent.

(2) The following provisions come into force at the end of the period of two months beginning with the day on which this Act receives Royal Assent—

(a) Part 1 (sustainable management of natural resources);

(b) Part 2 (climate change);

(d) section 82 (repeal of publication requirements);

(e) section 84 (appeals against special drainage levies);

(f) section 85 (power of entry);

(g) section 86 (byelaws).

(3) The following provisions come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument—

(a) Part 3 (charges for carrier bags);

(b) Part 4 (collection and disposal of waste);

(d) section 81 (flood and coastal erosion committee);

(e) section 83 (valuation of non-agricultural land).

(4) An order under subsection (3) may—

(a) appoint different days for different purposes;

(b) make such transitional or saving provision in connection with the coming into force of a provision of this Act as the Welsh Ministers consider appropriate.

Short title

89

The short title of this Act is the Environment (Wales) Act 2016.

SCHEDULE 1

Civil sanctions

1

(1) Carrier bag regulations may make provision about civil sanctions for breaches of the regulations.

(2) For the purposes of this Schedule, a person breaches carrier bag regulations if, in such circumstances as may be specified, the person—

(a) fails to comply with a requirement made by or under the regulations, or

(b) obstructs or fails to assist an administrator.

(3) In this Schedule, “civil sanction” means—

(a) a fixed monetary penalty, or

(b) a discretionary requirement.

Fixed monetary penalties

2

(1) Carrier bag regulations may confer on an administrator the power by notice to impose a fixed monetary penalty on a person who breaches the regulations.

(2) The regulations may only confer such a power in relation to a case where the administrator is satisfied on the balance of probabilities that the breach has occurred.

(3) For the purposes of this Schedule, a “fixed monetary penalty” is a requirement to pay to an administrator a penalty of an amount specified in or determined in accordance with the regulations.

(4) The regulations may not provide for the imposition of a fixed monetary penalty in excess of £5,000.

Fixed monetary penalties: procedure

3

(1) Carrier bag regulations that make provision under paragraph 2 must secure that—

(a) where an administrator proposes to impose a fixed monetary penalty on a person, the administrator must serve on that person a notice of what is proposed (a “notice of intent”) that complies with sub-paragraph (2),

(b) the notice of intent also offers the person the opportunity to discharge the person's liability for the fixed monetary penalty by payment of a specified sum (which must be less than or equal to the amount of the penalty),

(i) the person may make written representations and objections to the administrator in relation to the proposed imposition of the fixed monetary penalty, and

(ii) the administrator must at the end of the period for making representations and objections decide whether to impose the fixed monetary penalty,

(d) where the administrator decides to impose the fixed monetary penalty, the notice imposing it (“the final notice”) complies with sub-paragraph (4), and

(e) the person on whom a fixed monetary penalty is imposed may appeal against the decision to impose it.

(2) To comply with this sub-paragraph, the notice of intent must include information as to—

(a) the grounds for the proposal to impose the fixed monetary penalty,

(b) the effect of payment of the sum referred to in sub-paragraph (1)(b),

(d) the circumstances in which the administrator may not impose the fixed monetary penalty,

(e) the period within which liability to the fixed monetary penalty may be discharged, which may not exceed the period of 28 days beginning with the day on which the notice of intent was received, and

(f) the period within which representations and objections may be made, which may not exceed the period of 28 days beginning with the day on which the notice of intent was received.

(3) Provision pursuant to sub-paragraph (1)(c)(ii) must include provision for circumstances in which the administrator may not decide to impose a fixed monetary penalty.

(4) To comply with this sub-paragraph the final notice referred to in sub-paragraph (1)(d) must include information as to—

(a) the grounds for imposing the penalty,

(b) how payment may be made,

(d) any early payment discounts or late payment penalties,

(e) rights of appeal, and

(f) the consequences of non-payment.

(5) Provision pursuant to sub-paragraph (1)(e) must secure that the grounds on which a person may appeal against a decision of the administrator include the following—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

Discretionary requirements

4

(1) Carrier bag regulations may confer on an administrator the power by notice to impose one or more discretionary requirements on a person who breaches the regulations.

(2) The regulations may only confer such a power in relation to a case where the administrator is satisfied on the balance of probabilities that the breach has occurred.

(3) For the purposes of this Schedule, a “discretionary requirement” means—

(a) a requirement to pay a monetary penalty to an administrator of such amount as the administrator may determine, or

(b) a requirement to take such steps as an administrator may specify, within such period as the administrator may specify, to secure that the breach does not continue or recur.

(4) In this Schedule—

“variable monetary penalty” (“cosb ariannol amrywiadwy”) means a requirement referred to in sub-paragraph (3)(a), and

“non-monetary discretionary requirement” (“gofyniad yn ôl disgresiwn nad yw'n un ariannol”) means a requirement referred to in sub-paragraph (3)(b).

(5) Carrier bag regulations must, in relation to each kind of breach of the regulations for which a variable monetary penalty may be imposed—

(a) specify the maximum penalty that may be imposed for a breach of that kind, or

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

(6) The regulations may not permit discretionary requirements to be imposed on a person on more than one occasion in relation to the same act or omission.

Discretionary requirements: procedure

5

(1) Carrier bag regulations that make provision under paragraph 4 must secure that—

(a) where an administrator proposes to impose a discretionary requirement on a person, the administrator must serve on that person a notice of what is proposed (a “notice of intent”) that complies with sub-paragraph (2),

(b) that person may make written representations and objections to the administrator in relation to the proposed imposition of the discretionary requirement,

(c) after the end of the period for making such representations and objections, the administrator must decide whether to—

(i) impose the discretionary requirement, with or without modifications, or

(ii) impose any other discretionary requirement that the administrator has power to impose under paragraph 4,

(d) where the administrator decides to impose a discretionary requirement, the notice imposing it (the “final notice”) complies with sub-paragraph (4), and

(e) the person on whom a discretionary requirement is imposed may appeal against the decision to impose it.

(2) To comply with this sub-paragraph, the notice of intent must include information as to—

(a) the grounds for the proposal to impose the discretionary requirement,

(b) the right to make representations and objections,

(d) the period within which representations and objections may be made, which may not be less than the period of 28 days beginning with the day on which the notice of intent is received.

(3) Provision pursuant to sub-paragraph (1)(c) must include provision for circumstances in which the administrator may not decide to impose a fixed monetary penalty.

(4) To comply with this sub-paragraph, the final notice referred to in sub-paragraph (1)(d) must include information as to—

(a) the grounds for imposing the discretionary requirement,

(b) where the discretionary requirement is a variable monetary penalty—

(i) how payment may be made,

(ii) the period within which payment must be made, and

(iii) any early payment discounts or late payment penalties,

(d) the consequences of non-compliance.

(5) Provision pursuant to sub-paragraph (1)(e) must secure that the grounds on which a person may appeal against a decision of the administrator include the following—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(d) in the case of a non-monetary discretionary requirement, that the nature of the requirement is unreasonable;

(e) that the decision was unreasonable for any other reason.

Discretionary requirements: enforcement

6

(1) If carrier bag regulations make provision under paragraph 4, they may confer on an administrator the power to require a person to pay a monetary penalty (a “non-compliance penalty”) to the administrator if the person fails to comply with a non-monetary discretionary requirement imposed on the person.

(2) The regulations may—

(a) specify the amount of the non-compliance penalty or provide for that amount to be determined in accordance with the regulations, or

(b) provide for the amount to be determined by the administrator or in some other way.

(3) If carrier bag regulations make provision within sub-paragraph (2)(b), they must, in relation to each kind of failure for which a non-compliance penalty may be imposed—

(a) specify the maximum penalty that may be imposed for a failure of that kind, or

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

(4) Carrier bag regulations that make provision under sub-paragraph (1) must secure that—

(a) the non-compliance penalty is imposed by notice served by the administrator, and

(b) the person on whom it is imposed may appeal against that notice.

(5) Provision pursuant to paragraph (b) of sub-paragraph (4) must secure that the grounds on which a person may appeal against a notice referred to in that paragraph include the following—

(a) that the decision to serve the notice was based on an error of fact;

(b) that the decision was wrong in law;

(c) that the decision was unfair or unreasonable for any reason (including, in a case where the amount of the non-compliance penalty was determined by the administrator, that the amount is unreasonable).

Combination of sanctions

7

(1) Carrier bag regulations may not make provision under paragraphs 2 and 4 conferring powers on an administrator in relation to the same kind of breach of the regulations unless the following requirements are complied with.

(2) The regulations must secure that the administrator may not serve a notice of intent referred to in paragraph 3(1)(a) on a person in relation to a breach where a discretionary requirement has been imposed on that person in relation to the same breach.

(3) The regulations must secure that the administrator may not serve a notice of intent referred to in paragraph 5(1)(a) on a person in relation to a breach where—

(a) a fixed monetary penalty has been imposed on that person in relation to the same breach, or

(b) the person has discharged liability to a fixed monetary penalty in relation to that breach pursuant to paragraph 3(1)(b).

Monetary penalties

8

(1) If carrier bag regulations confer power on an administrator to require a person to pay a fixed monetary penalty, a variable monetary penalty or a non-compliance penalty, they may include provision—

(a) for early payment discounts;

(b) for the payment of interest or other financial penalties for late payment of the penalty, such interest or other financial penalties not in total to exceed the amount of that penalty;

(2) Provision under sub-paragraph (1)(c) may include—

(a) provision for the administrator to recover a penalty, and any interest or other financial penalty for late payment, as a civil debt;

(b) provision for the penalty, and any interest or other financial penalty for late payment to be recoverable, on the order of a court, as if payable under a court order.

Costs recovery

9

(1) If carrier bag regulations make provision under paragraph 4, they may confer on an administrator the power by notice to require a person on whom a discretionary requirement is imposed to pay the costs incurred by the administrator in relation to the imposition of the discretionary requirement up to the time of its imposition.

(2) In sub-paragraph (1), the reference to costs includes (among other things)—

(a) investigation costs;

(b) administration costs;

(3) Carrier bag regulations that make provision under this paragraph must secure that, in any case where a notice requiring payment of costs is served—

(a) the notice specifies the amount required to be paid;

(b) the administrator may be required to provide a detailed breakdown of that amount;

(c) the person required to pay costs is not liable to pay any costs shown by the person to have been unnecessarily incurred;

(d) the person required to pay costs may appeal against—

(i) the decision of the administrator to impose the requirement to pay costs;

(ii) the decision of the administrator as to the amount of those costs.

(4) Provision under this paragraph may include the provision referred to in paragraph 8(1)(b) and (c) and (2).

Appeals

10

(1) Carrier bag regulations may not provide for the making of an appeal other than to—

(a) the First-tier Tribunal, or

(b) another tribunal created under an enactment.

(2) In sub-paragraph (1)(b), “tribunal” does not include an ordinary court of law.

(3) If the regulations make provision for an appeal in relation to the imposition of any requirement or the service of any notice, they may include—

(a) provision suspending the requirement or notice pending determination of the appeal;

(b) provision as to the powers of the tribunal to which the appeal is made;

(4) The provision referred to in sub-paragraph (3)(b) includes provision conferring on the tribunal to which the appeal is made power—

(a) to withdraw the requirement or notice;

(b) to confirm the requirement or notice;

(c) to take such steps as the administrator could take in relation to the act or omission giving rise to the requirement or notice;

(d) to remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the administrator;

(e) to award costs.

Publicity for imposition of civil sanctions

11

(1) Carrier bag regulations may confer on an administrator the power to give a publicity notice to a person on whom a civil sanction has been imposed in accordance with the regulations.

(2) A “publicity notice” is a notice requiring the person to publicise—

(a) the fact that the civil sanction has been imposed, and

(b) such other information as may be specified in the regulations,

in such manner as may be specified in the notice.

(3) The regulations may provide for a publicity notice to—

(a) specify the time for compliance with the notice, and

(b) require the person to whom it is given to supply an administrator with evidence of compliance within such time as may be specified in the notice.

(4) The regulations may provide that, if a person fails to comply with a publicity notice, an administrator may—

(a) publicise the information required to be publicised by the notice, and

(b) recover the costs of doing so from that person.

Persons liable to civil sanctions

12

(1) Carrier bag regulations may make provision about the persons who are liable to civil sanctions under the regulations.

(2) The provision that may be made by virtue of this paragraph includes provision for—

(a) the officers of a body corporate to be so liable as well the body corporate itself, and

(b) for the partners of a partnership to be liable as well as the partnership itself,

in such circumstances as may be specified.

Guidance about use of powers to impose civil sanctions and recover costs

13

(1) Where carrier bag regulations confer power on an administrator to impose a civil sanction in relation to a breach of the regulations, they must secure that—

(a) the administrator must publish guidance about the administrator's use of the civil sanction,

(b) the guidance must contain the relevant information,

(d) the administrator must consult such persons as the regulations may specify before publishing any guidance or revised guidance, and

(e) the administrator must have regard to the guidance or revised guidance in exercising the administrator's functions.

(2) In the case of guidance relating to a fixed monetary penalty, the relevant information referred to in sub-paragraph (1)(b) is information as to—

(a) the circumstances in which the penalty is likely to be imposed,

(b) the circumstances in which it may not be imposed,

(d) how liability for the penalty may be discharged and the effect of discharge, and

(e) rights to make representations and objections and rights of appeal.

(3) In the case of guidance relating to a discretionary requirement, the relevant information referred to in sub-paragraph (1)(b) is information as to—

(a) the circumstances in which the requirement is likely to be imposed,

(b) the circumstances in which it may not be imposed,

(c) in the case of a variable monetary penalty, the matters likely to be taken into account by the administrator in determining the amount of the penalty (including, where relevant, any discounts for voluntary reporting of non-compliance), and

(d) rights to make representations and objections and rights of appeal.

(4) If carrier bag regulations make provision under paragraph 9, they must secure that the administrator is required to publish guidance about how the administrator will exercise the power conferred by the provision.

Publication of enforcement action

14

(1) Where carrier bag regulations confer power on an administrator to impose a civil sanction in relation to a breach of the regulations, they must secure that the administrator must from time to time publish reports specifying—

(a) the cases in which the civil sanction has been imposed, and

(b) where the civil sanction is a fixed monetary penalty, the cases in which liability to the penalty has been discharged pursuant to paragraph 3(1)(b).

(2) In sub-paragraph (1)(a), the reference to cases in which the civil sanction has been imposed do not include cases where the sanction has been imposed but overturned on appeal.

(3) The regulations need not secure the result in sub-paragraph (1) in cases where the Welsh Ministers consider that it would be inappropriate to do so.

Compliance with regulatory principles

15

Carrier bag regulations may not confer power on an administrator to impose a civil sanction in relation to a breach of the regulations unless the Welsh Ministers are satisfied that the administrator will act in accordance with the principles that—

(a) regulatory activities should be carried out in a way that is transparent, accountable, proportionate and consistent;

(b) regulatory activities should be targeted only at cases in which action is needed.

Review

16

(1) The Welsh Ministers must review the operation of any provision of carrier bag regulations conferring power on an administrator to impose a civil sanction in relation to a breach of the regulations.

(2) The first review must take place as soon as practicable after 1 October 2017; and each subsequent review must take place as soon as practicable after the end of the period of three years beginning with the date on which the previous review took place.

(3) A review under this paragraph must in particular consider whether the provision has implemented its objectives efficiently and effectively.

(4) In conducting a review under this paragraph, the Welsh Ministers must consult such persons as they consider appropriate.

(5) The Welsh Ministers must—

(a) publish the results of a review under this paragraph, and

(b) lay a copy of the review before the National Assembly for Wales.

Suspension

17

(1) Where carrier bag regulations confer power on an administrator to impose a civil sanction in relation to a breach of the regulations, the Welsh Ministers may direct the administrator—

(a) where the power is power to impose a fixed monetary penalty, not to serve any further notice of intent referred to in paragraph 3(1)(a) in relation to a breach of that kind, and

(b) where the power is power to impose a discretionary requirement, not to serve any further notice of intent referred to in paragraph 5(1)(a) in relation to a breach of that kind.

(2) The Welsh Ministers may only give a direction under sub-paragraph (1) in relation to a breach of carrier bag regulations if they are satisfied that the administrator has failed on more than one occasion—

(a) to comply with any duty imposed on it under or by virtue of this Schedule in relation to a breach of that kind,

(b) to act in accordance with the guidance it has published in relation to a breach of that kind (in particular, the guidance published under paragraph 13), or

(c) to act in accordance with the principles referred to in paragraph 15 or with other principles of best practice in relation to the enforcement of a breach of that kind.

(3) The Welsh Ministers may by direction revoke a direction given by them under sub-paragraph (1) if they are satisfied that the administrator has taken the appropriate steps to remedy the failure to which that direction related.

(4) Before giving a direction under sub-paragraph (1) or (3), the Welsh Ministers must consult—

(a) the administrator, and

(b) such other persons as they consider appropriate.

(5) Where the Welsh Ministers give a direction under this paragraph, they must lay a copy of the direction before the National Assembly for Wales.

(6) The administrator must take steps to bring a direction under this paragraph to the attention of other persons likely to be affected by it; and must do so in such manner (if any) as the Welsh Ministers may require.

Payment of penalties into Welsh Consolidated Fund

18

Where pursuant to any provision made under this Schedule an administrator receives—

(a) a fixed monetary penalty, a variable monetary penalty or a non-compliance penalty,

(b) any interest or other financial penalty for late payment of such a penalty, or

the administrator must pay it into the Welsh Consolidated Fund.

Index of defined terms

19

In this Schedule, the following expressions are defined or otherwise explained in the provisions indicated—

“breach” (“torri” a “toriad”) (in relation to carrier bag regulations): paragraph 1(2);

“civil sanction” (“sancsiwn sifil”): paragraph 1(3);

“discretionary requirement” (“gofyniad yn ôl disgresiwn”): paragraph 4(3);

“fixed monetary penalty” (“cosb ariannol benodedig”): paragraph 2(3);

“non-compliance penalty” (“cosb am beidio â chydymffurfio”): paragraph 6(1);

“non-monetary discretionary requirement” (“gofyniad yn ôl disgresiwn nad yw'n un ariannol”): paragraph 4(4) and (3)(b);

“notice of intent” (“hysbysiad o fwriad”) (in relation to a proposed discretionary requirement): paragraph 5(1)(a);

“notice of intent” (“hysbysiad o fwriad”) (in relation to a proposed fixed monetary penalty): paragraph 3(1)(a);

“publicity notice” (“hysbysiad cyhoeddusrwydd”): paragraph 11(2);

“variable monetary penalty” (“cosb ariannol amrywiadwy”): paragraph 4(4) and (3)(a).

SCHEDULE 2

PART 1 — SUSTAINABLE MANAGEMENT OF NATURAL RESOURCES

National Parks and Access to the Countryside Act 1949 (c. 97)

1

(1) The National Parks and Access to the Countryside Act 1949 is amended as follows.

(2) In section 15A(2)—

(a) in paragraph (a)—

(i) after “Act” insert “ or section 16 of the 2016 Act ”;

(ii) omit the “and” at the end;

(b) after paragraph (b) insert—

(c) “the 2016 Act” means the Environment (Wales) Act 2016.

(3) In section 16—

(a) in subsection (1)—

(i) for “The Natural Resources Body for Wales” the first time it appears substitute “ A Welsh local authority ”;

(ii) for “Natural Resources Body for Wales” the second time it appears substitute “ Welsh local authority ”;

(b) after subsection (1) insert—

(1A) The power of a Welsh local authority in subsection (1)— (a) is also exercisable where it appears to the authority that it is expedient in the interests of the locality that land should be managed as a nature reserve; (b) is exercisable only in relation to land in the authority's area that is not held by, or managed in accordance with an agreement entered into with, the Natural Resources Body for Wales.

;

(c) in subsection (3), in paragraphs (b) and (c), for “the Natural Resources Body for Wales” substitute “ a Welsh local authority ”;

(d) in subsection (4), for “the Natural Resources Body for Wales” substitute “ a Welsh local authority ”;

(e) after subsection (5) insert—

(6) In this section a “Welsh local authority” means— (a) the council of a county or county borough in Wales, and (b) a National Park authority for a National Park in Wales.

(4) In section 21(4)—

(a) omit “, the Natural Resources Body for Wales”;

(b) for “references in subsection (1) of sections sixteen and seventeen respectively of this Act to the national interest were references” substitute “ reference in subsection (1) of section 17 of this Act to the national interest were a reference ”.

Countryside Act 1968 (c. 41)

2

(1) The Countryside Act 1968 is amended as follows.

(2) Omit section 4.

(3) Omit section 15.

(4) In section 15A(6)(b), for “such agreement as is referred to in section 15(2)” substitute “ an agreement under section 16 of the Environment (Wales) Act 2016 imposing, for the purpose of conserving flora, fauna, or geographical or physiographical features of special interest, restrictions on the exercise of rights over land by persons having an interest in the land ”.

(5) In section 41(2)(b)—

(a) in sub-paragraph (i), for “section 4” substitute “ an experimental scheme under article 10C of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903), where the scheme is designed to facilitate the enjoyment of the countryside, or to conserve or enhance its natural beauty or amenity ”;

(b) in sub-paragraph (ii), for “section 4(5)(b)” substitute “ section 16 of the Environment (Wales) Act 2016 that is designed to facilitate the enjoyment of the countryside, or to conserve or enhance its natural beauty or amenity ”.

(6) In section 45(1), omit “the NRBW or”.

(7) In section 47(3), omit “section 4(5)(b) or”.

Wildlife and Countryside Act 1981 (c. 69)

3

(1) The Wildlife and Countryside Act 1981 is amended as follows.

(2) In section 28E(3)(b) for “, section 15 of the 1968 Act or section 7 of the Natural Environment and Rural Communities Act 2006” substitute “ , section 7 of the Natural Environment and Rural Communities Act 2006 or section 16 of the Environment (Wales) Act 2016 ”.

(3) In section 28J, omit subsection (13).

(4) In section 32, after subsection (2) insert—

(2A) Subsection (2) has effect in relation to Wales as if the reference to an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act were a reference to an agreement under section 16 of the Environment (Wales) Act 2016.

(5) In section 39(5), omit paragraph (e).

(6) Omit section 40.

(7) In section 41(5)—

(a) in the definition of “management agreement”, in paragraph (b), after “39” insert “ or under section 16 of the Environment (Wales) Act 2016 ”;

(b) in the definition of “the relevant authority”, after “Natural England” insert “ and in relation to Wales it also includes the Natural Resources Body for Wales ”.

(8) In section 50(1)(a), omit “or an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act”.

(9) In section 51(1)—

(a) in paragraph (c), omit “or an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act”;

(b) in paragraph (h), omit “or an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act”.

Road Traffic Regulation Act 1984 (c. 27)

4

In section 22(1)(a) of the Road Traffic Regulation Act 1984—

(a) in sub-paragraph (iv), for “or the Natural Resources Body for Wales are conducting a scheme under section 4 of the 1968 Act” substitute “ , or in which the Natural Resources Body for Wales is conducting a scheme under article 10C of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) that is designed to facilitate the enjoyment of the countryside or to conserve or enhance its natural beauty or amenity ”;

(b) in sub-paragraph (v), omit “or an agreement under section 15 of the 1968 Act”.

Water Industry Act 1991 (c. 56)

5

In section 156(8) of the Water Industry Act 1991, in the definition of “management agreement”, in paragraph (b), after “1981” insert “ or section 16 of the Environment (Wales) Act 2016 ”.

Environment Act 1995 (c. 25)

6

(1) The Environment Act 1995 is amended as follows.

(2) In section 9(5)(b)(ii), omit “, 5E”.

(3) In section 66, after subsection (7) insert—

(7A) A National Park authority for a park in Wales which is proposing to publish, adopt or review any plan under this section must have regard to— (a) the state of natural resources report published under section 8 of the Environment (Wales) Act 2016, and (b) any area statement published under section 11 of that Act for an area that includes all or part of the park.

Countryside and Rights of Way Act 2000 (c. 37)

7

In section 90 of the Countryside and Rights of Way Act 2000, after subsection (1) insert—

(1A) In the case of an area of outstanding natural beauty in Wales, a conservation board or relevant local authority which is proposing to publish, adopt or review any plan under section 89 must have regard to— (a) the state of natural resources report published under section 8 of the Environment (Wales) Act 2016, and (b) any area statement published under section 11 of that Act for an area that includes all or part of the area of outstanding natural beauty.

Planning and Compulsory Purchase Act 2004 (c. 5)

8

(1) The Planning and Compulsory Purchase Act 2004 is amended as follows.

(2) In section 60(5), as substituted by section 3 of the 2015 Act, before paragraph (a) insert—

(za) the national natural resources policy published under section 9 of the Environment (Wales) Act 2016,

(3) In section 62(5), after paragraph (ba), as inserted by paragraph 25 of Schedule 2 to the 2015 Act, insert—

(bb) any area statement published under section 11 of the Environment (Wales) Act 2016 for an area that includes all or part of the area of the authority;

(4) In this paragraph, “the 2015 Act” means the Planning (Wales) Act 2015 (anaw 4).

Natural Environment and Rural Communities Act 2006 (c. 16)

9

(1) The Natural Environment and Rural Communities Act 2006 is amended as follows.

(2) In section 40—

(a) before subsection (1) insert—

(A1) This section applies where— (a) Her Majesty's Revenue and Customs are exercising their functions; (b) any other public authority is exercising its functions in relation to England.

(b) in subsection (1), for “Every” substitute “ The ”;

(c) in subsection (2) for “, government department or the National Assembly for Wales” substitute “ or government department ”;

(d) in subsection (4)—

(i) omit paragraph (b);

(ii) in paragraph (c), for “, a local planning authority and a strategic planning panel” substitute “ and a local planning authority ”;

(e) in subsection (5), in the definition of “local authority”—

(i) in paragraph (a), for “in relation to England, a county council” substitute “ a county council in England ”;

(ii) omit paragraph (b);

(f) in that subsection, omit the definition of “strategic planning panel”.

(3) Omit section 42.

(4) In Schedule 11, omit the following—

(a) paragraphs 6 to 8;

(b) paragraph 14(4);

(d) in paragraph 43—

(i) sub-paragraphs (2) and (3);

(ii) in sub-paragraph (4), paragraphs (a), (b) and (c)(i);

(iii) sub-paragraph (5);

(iv) sub-paragraph (7);

(e) paragraph 44;

(f) paragraph 50;

(g) paragraph 55(2);

(h) paragraph 57;

(i) paragraph 59;

(j) paragraph 80;

(k) paragraphs 117 to 121;

(l) paragraph 123;

(m) paragraph 126;

(n) paragraph 141(2)(b).

Well-being of Future Generations (Wales) Act 2015 (anaw 2)

10

(1) The Well-being of Future Generations (Wales) Act 2015 is amended as follows.

(2) In section 11(3), for the words after “means” substitute “ the goals set out in “Transforming our world: the 2030 Agenda for Sustainable Development”, adopted by the General Assembly of the United Nations by resolution A/Res/70/1 of 25 September 2015 ”.

(3) In section 38(3), after paragraph (g) insert—

(ga) each area statement under section 11 of the Environment (Wales) Act 2016 (if any) which relates to any part of the local authority's area;

Planning (Wales) Act 2015 (anaw 4)

11

In Schedule 2 to the Planning (Wales) Act 2015, omit paragraph 28.

PART 2 — CHARGES FOR CARRIER BAGS

Climate Change Act 2008 (c. 27)

12

(1) The Climate Change Act 2008 is amended as follows.

(2) In section 77, omit the following—

(a) subsection (3)(b);

(b) subsection (4)(aa).

(3) In section 98, omit the entries for “children”, “nuisance”, “pollution” and “young people”.

(4) In Schedule 6—

(a) omit paragraphs 4A and 4B;

(b) omit paragraph 7(3A);

(d) omit paragraph 24(6)(b);

(e) omit paragraph 25(5)(b);

(f) omit paragraph 26(2)(a);

(g) omit paragraph 27(5);

(h) in the italic cross-heading before paragraph 28, for “two or more” substitute “ both ”;

(i) in paragraph 28(1)—

(i) omit “any two or more of”;

(ii) omit paragraph (b) (but not the following “and”).

Waste (Wales) Measure 2010 (nawm 8)

13

(1) The Waste (Wales) Measure 2010 is amended as follows.

(2) Omit sections 1 and 2.

(3) In the Schedule, omit paragraph 2.

PART 3 — COLLECTION AND DISPOSAL OF WASTE

Environmental Protection Act 1990 (c. 43)

14

(1) The Environmental Protection Act 1990 is amended as follows.

(2) In the heading of section 45A, for “Arrangements” substitute “ England: arrangements ”.

(3) Omit section 45B.

Household Waste Recycling Act 2003 (c. 29)

15

In the Household Waste Recycling Act 2003, omit section 2.

Government of Wales Act 2006 (c. 32)

16

In Schedule 11 to the Government of Wales Act 2006, in paragraph 35(3), in Table 1, omit the entry relating to section 45B(1) of the Environmental Protection Act 1990.

Waste (Wales) Measure 2010 (nawm 8)

17

(1) The Waste (Wales) Measure 2010 is amended as follows.

(2) For the italic cross-heading before section 9 substitute— “ Disposal in a landfill or by incineration ”.

(3) In section 11—

(a) in subsection (1), after “9” insert “ or 9A ”;

(b) omit subsection (2).

PART 4 — FLOOD AND COASTAL EROSION COMMITTEE

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

18

In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, in paragraph 1, after sub-paragraph (i) insert—

(ia) the Flood and Coastal Erosion Committee established by section 26B of the Flood and Water Management Act 2010;

Local Government Act 1974 (c. 7)

19

In section 25(1)(d) of the Local Government Act 1974, omit “for an area wholly or partly in England”.

Water Resources Act 1991 (c. 57)

20

(1) The Water Resources Act 1991 is amended as follows.

(2) In section 118(7)—

(a) before “means” insert—

— (a) in relation to the Agency,

;

(b) after “2010” insert—

, and (b) in relation to the NRBW, means Wales, within the meaning of section 158 of the Government of Wales Act 2006

(3) In section 134(2), for “appropriate agency” substitute “ Agency ”.

(4) In section 138(3), after “relevant chargeable land” insert “ (where that land is in England) or by the NRBW (where the relevant chargeable land is in Wales) ”.

(5) In section 145, in the definition of “flood risk management region”—

(a) before “means” insert—

— (a) in relation to the Agency,

;

(b) after “2010” insert—

, and (b) in relation to the NRBW, means Wales, within the meaning of section 158 of the Government of Wales Act 2006

(6) In Schedule 26, in paragraph 7, in the definition of “the relevant Minister”, in paragraph (a)(ii), omit “the whole or the greater part of which is”.

Land Drainage Act 1991 (c. 59)

21

In section 1(1)(a) of the Land Drainage Act 1991, after “2010)” insert “ or within Wales (within the meaning of section 158 of the Government of Wales Act 2006) ”.

Environment Act 1995 (c. 25)

22

In section 6 of the Environment Act 1995—

(a) in subsection (5), omit “and the Natural Resources Body for Wales' flood defence functions shall extend to the territorial sea adjacent to Wales”;

(b) after subsection (5) insert—

(5A) The flood defence functions of the Natural Resources Body for Wales extend to the territorial sea adjacent to Wales.

Freedom of Information Act 2000 (c. 36)

23

In Part 6 of Schedule 1 to the Freedom of Information Act 2000, after the entry for the Firearms Consultative Committee insert— “ Flood and Coastal Erosion Committee or Pwyllgor Llifogydd ac Erydu Arfordirol. ”

Public Services Ombudsman (Wales) Act 2005 (c. 10)

24

In Schedule 3 to the Public Services Ombudsman (Wales) Act 2005, for “A Regional Flood and Coastal Committee for an area wholly or partly in Wales” substitute “ The Flood and Coastal Erosion Committee ”.

Flood and Water Management Act 2010 (c. 29)

25

(1) The Flood and Water Management Act 2010 is amended as follows.

(2) In section 6, at the end insert—

(17) “Wales” has the meaning given by section 158 of the Government of Wales Act 2006.

(3) In section 17(4), after “section 23(3)” insert “ for the Agency ”.

(4) In the italic cross-heading before section 22, after “Committees” insert “ for regions in England ”.

(5) In section 22—

(a) in subsection (1)—

(i) for “appropriate agency” substitute “ Environment Agency ”;

(ii) omit “and Wales”;

(iii) omit the words from “that is wholly or mainly in England” to the end of the subsection;

(b) in subsection (2)—

(i) for “Minister” substitute “ Secretary of State ”;

(ii) for “appropriate agency” substitute “ Agency ”;

(6) In section 23—

(a) in subsection (1)—

(i) in the opening words, for “appropriate agency” substitute “ Environment Agency ”;

(ii) in paragraph (a), for “appropriate agency” substitute “ Agency ”;

(iii) in paragraph (b), for “appropriate agency's” substitute “Agency's”;

(b) in subsections (2) to (4), for “appropriate agency” substitute “ Agency ”.

(7) In section 24, for “Minister” substitute “ Secretary of State ”.

(8) In section 25—

(a) in subsection (1)—

(i) in the opening words, for “Minister may direct the appropriate agency” substitute “ Secretary of State may direct the Environment Agency ”;

(ii) in paragraph (d), for “Minister” substitute “ Secretary of State ”;

(b) in subsection (2), for “appropriate agency” substitute “ Agency ”;

(9) Omit sections 26 and 26A.

(10) In section 49(3), omit paragraph (c).

Public Bodies Act 2011 (c. 24)

26

(1) The Public Bodies Act 2011 is amended as follows.

(2) In section 13—

(a) in subsection (1)—

(i) at the end of paragraph (b), insert “ or ”;

(ii) omit paragraph (d) and the “or” before it;

(b) omit subsection (4);

(3) In section 36(1), in the definition of “cross-border operator”—

(a) at the end of paragraph (za), insert “ or ”;

(b) omit paragraph (b) and the “or” before it.

Water Act 2014 (c. 21)

27

In Schedule 10 to the Water Act 2014, omit paragraph 18.

PART 5 — BYELAWS

National Parks and Access to the Countryside Act 1949 (c. 97)

28

(1) The National Parks and Access to the Countryside Act 1949 is amended as follows.

(2) In section 106(5), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”.

(3) In section 106A, in the heading and in subsection (1), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”.

Countryside Act 1968 (c. 41)

29

In section 41(7A) of the Countryside Act 1968, for “Council” substitute “ NRBW ”.

Local Government Byelaws (Wales) Act 2012 (anaw 2)

30

(1) The Local Government Byelaws (Wales) Act 2012 is amended as follows.

(2) In section 3(d), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”.

(3) In section 7(8)(b), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”.

(4) In section 8(8), in the opening words—

(a) for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”;

(b) for “the Council” substitute “ the Body ”.

(5) In Schedule 2, omit paragraph 11.

Natural resources

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

The 2050 emissions target

Record-keeping and publication of records

Prohibition on disposal of food waste to sewer

Civil sanctions

Regulations

Minor and consequential amendments and repeals

Applications for orders relating to fisheries

Requirement to include environmental provisions in orders relating to fisheries

Power to vary or revoke orders to protect European marine sites

Supplementary provision

Fees for monitoring, variation etc. of marine licences

Repeal of requirements to publish in local newspapers etc.

Power to make provision for appeals against special levies

Interpretation

Civil sanctions

Fixed monetary penalties

Fixed monetary penalties: procedure

Discretionary requirements

Discretionary requirements: procedure

Discretionary requirements: enforcement

Combination of sanctions

Monetary penalties

Costs recovery

Appeals

Publicity for imposition of civil sanctions

Persons liable to civil sanctions

Guidance about use of powers to impose civil sanctions and recover costs

Publication of enforcement action

Compliance with regulatory principles

Review

Suspension

Payment of penalties into Welsh Consolidated Fund

Index of defined terms

National Parks and Access to the Countryside Act 1949 (c. 97)

Countryside Act 1968 (c. 41)

Wildlife and Countryside Act 1981 (c. 69)

Road Traffic Regulation Act 1984 (c. 27)

Water Industry Act 1991 (c. 56)

Environment Act 1995 (c. 25)

Countryside and Rights of Way Act 2000 (c. 37)

Planning and Compulsory Purchase Act 2004 (c. 5)

Natural Environment and Rural Communities Act 2006 (c. 16)

Well-being of Future Generations (Wales) Act 2015 (anaw 2)

Planning (Wales) Act 2015 (anaw 4)

Climate Change Act 2008 (c. 27)

Waste (Wales) Measure 2010 (nawm 8)

Environmental Protection Act 1990 (c. 43)

Household Waste Recycling Act 2003 (c. 29)

Government of Wales Act 2006 (c. 32)

Waste (Wales) Measure 2010 (nawm 8)

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

Local Government Act 1974 (c. 7)

Water Resources Act 1991 (c. 57)

Land Drainage Act 1991 (c. 59)

Environment Act 1995 (c. 25)

Freedom of Information Act 2000 (c. 36)

Public Services Ombudsman (Wales) Act 2005 (c. 10)

Flood and Water Management Act 2010 (c. 29)

Public Bodies Act 2011 (c. 24)

Water Act 2014 (c. 21)

National Parks and Access to the Countryside Act 1949 (c. 97)

Countryside Act 1968 (c. 41)

Local Government Byelaws (Wales) Act 2012 (anaw 2)

Editorial notes

[^key-de3b64ceae0bd6a786951d982ca65fcf]: S. 77 in force at 24.2.2017 for specified purposes by S.I. 2017/152, art. 2(a)

[^key-be7f4eac1439526d6bbc07c74da2e89a]: S. 78 in force at 24.2.2017 for specified purposes by S.I. 2017/152, art. 2(b)

[^key-c441b0789bf324ea08d217580a3dfd15]: S. 79 in force at 24.2.2017 for specified purposes by S.I. 2017/152, art. 2(c)

[^key-1ce29aed14768fbcdf453b28c27be041]: S. 76 in force at 1.4.2017 by S.I. 2017/504, art. 2

[^key-e6527fa7ace0e4e3da4f8d3b5d937b0e]: S. 77 in force at 1.4.2017 in so far as not already in force by S.I. 2017/504, art. 2

[^key-f752602ca01ab2e9c037f21b4e46367f]: S. 78 in force at 1.4.2017 in so far as not already in force by S.I. 2017/504, art. 2

[^key-ab2742ef4987504acb4085389b7a68ad]: S. 79 in force at 1.4.2017 in so far as not already in force by S.I. 2017/504, art. 2

[^key-c1a3ee2d50fdfec29258435392234953]: S. 80 in force at 1.4.2017 by S.I. 2017/504, art. 2

[^key-0b64c7a0e059fda11e6045edac709d3c]: S. 81 in force at 14.7.2017 by S.I. 2017/714, art. 2

[^M_I_49e050ef-b72f-4693-b356-49b7e7ae6b17]: Sch. 2 para. 18 in force at 14.7.2017 by S.I. 2017/714, art. 2

[^M_I_1956a6c3-2c58-4871-85ce-c828c7ac4733]: Sch. 2 para. 19 in force at 14.7.2017 by S.I. 2017/714, art. 2

[^M_I_2252ba67-a3af-44e6-be1a-23302a556a79]: Sch. 2 para. 20 in force at 14.7.2017 by S.I. 2017/714, art. 2

[^M_I_38697ff2-3b94-49e7-a6c5-6aafd9fcb010]: Sch. 2 para. 21 in force at 14.7.2017 by S.I. 2017/714, art. 2

[^M_I_8676da03-e14e-4d12-89c0-b129a844cb1d]: Sch. 2 para. 22 in force at 14.7.2017 by S.I. 2017/714, art. 2

[^M_I_a498a69c-2add-4789-9645-e9b21a3b58cc]: Sch. 2 para. 23 in force at 14.7.2017 by S.I. 2017/714, art. 2

[^M_I_3075ec91-7284-4b6a-c582-8c06a243d9a0]: Sch. 2 para. 24 in force at 14.7.2017 by S.I. 2017/714, art. 2

[^M_I_b42667a3-fb5a-4b9a-bc66-385c13f13945]: Sch. 2 para. 25 in force at 14.7.2017 by S.I. 2017/714, art. 2

[^M_I_42ab8f8e-6725-44ab-8d8a-f08e43378c39]: Sch. 2 para. 26 in force at 14.7.2017 by S.I. 2017/714, art. 2

[^M_I_468261b7-cab3-44c7-cee7-e1e824d6fa28]: Sch. 2 para. 27 in force at 14.7.2017 by S.I. 2017/714, art. 2

[^key-466e334fd5897eb252c2b277c22592e5]: Words in s. 6(9) substituted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 46(a)(i)

[^key-1c66e2ada24950d411ee298d8240faba]: Words in s. 6(9) omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 46(a)(ii)

[^key-d032cf0dfe77ae6ca948026795192598]: Words in s. 6(10) omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 46(b)

[^key-b0330aadaf6df3021ca5b84dce6c7326]: Word in s. 29(1) substituted (19.3.2021) by The Environment (Wales) Act 2016 (Amendment of 2050 Emissions Target) Regulations 2021 (S.I. 2021/333), regs. 1(2), 2

[^key-5bcbfc63678080b2041f27dbf46a2212]: Words in s. 6(9) inserted (3.12.2021) by The Environment (Wales) Act 2016 (Public Authorities subject to the Biodiversity and Resilience of Ecosystems Duty) Regulations 2021 (S.I. 2021/1350), regs. 1(2), 2(2)

[^key-bbe44606bfab66bb041a3a5b0cb145bb]: Words in s. 6(10) inserted (3.12.2021) by The Environment (Wales) Act 2016 (Public Authorities subject to the Biodiversity and Resilience of Ecosystems Duty) Regulations 2021 (S.I. 2021/1350), regs. 1(2), 2(3)

[^key-f35a8041af1a81669d9d62529a5e44a4]: S. 6(5)(d) inserted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(3)(d), Sch. 2 para. 6

[^key-3edacec91cb2b30fd1eeb1dcec4fbaaf]: S. 69(5) in force at 18.10.2023 by S.I. 2023/1096, art. 2(d)

[^key-6e6b1354888092e7b07d44d7fbab1c4c]: S. 65 in force at 18.10.2023 by S.I. 2023/1096, art. 2(a)

[^key-1948f91b0941ab6c4512cae265d17345]: S. 67 in force at 18.10.2023 by S.I. 2023/1096, art. 2(b)

[^key-6ace220618fb6add2eea149368122f25]: S. 68 in force at 18.10.2023 by S.I. 2023/1096, art. 2(c)

[^key-d56e54a862432ba668e0bd378dbee1df]: Sch. 2 para. 14 in force at 18.10.2023 by S.I. 2023/1096, art. 2(e)

[^key-19bc66bf5255737bb32f0058c0c86660]: Sch. 2 para. 17 in force at 18.10.2023 by S.I. 2023/1096, art. 2(e)

[^key-542b95c7e1d781cfd2989e3fb76e83fd]: Sch. 2 para. 15 in force at 18.10.2023 by S.I. 2023/1096, art. 2(e)

[^key-dd19408ed3081a15cc43146c20844812]: Sch. 2 para. 16 in force at 18.10.2023 by S.I. 2023/1096, art. 2(e)

[^key-b7852d9801761668c2ba8797eb27dd47]: S. 70 in force at 18.10.2023 by S.I. 2023/1096, art. 2(e)

[^key-afe2756720e706ca3abac90cda038d4b]: S. 66 in force at 6.4.2024 by S.I. 2023/1096, art. 3

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