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Environment (Wales) Act 2016

Changes to legislation:

Environment (Wales) Act 2016 is up to date with all changes known to be in force on or before 12 December 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

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  1. Introductory Text

  2. PART 1 SUSTAINABLE MANAGEMENT OF NATURAL RESOURCES

    1. Introduction

      1. 1.Purpose of this Part

      2. 2.Natural resources

      3. 3.Sustainable management of natural resources

      4. 4.Principles of sustainable management of natural resources

    2. General duties of public authorities

      1. 5.General purpose of Natural Resources Body for Wales

      2. 6.Biodiversity and resilience of ecosystems duty

      3. 7.Biodiversity lists and duty to take steps to maintain and enhance biodiversity

    3. State of natural resources report

      1. 8.Duty to prepare and publish state of natural resources report

    4. National natural resources policy

      1. 9.Duty to prepare, publish and implement national natural resources policy

    5. Area-based implementation of the national policy

      1. 10.Meaning of public body in sections 11 to 15

      2. 11.Area statements

      3. 12.Welsh Ministers' directions to implement area statements

      4. 13.Guidance about implementing area statements

      5. 14.Duty of public bodies to provide information or other assistance to NRW

      6. 15.Duty of NRW to provide information or other assistance to public bodies

    6. Land management agreements

      1. 16.Power to enter into land management agreements

      2. 17.Effect on successors in title of certain land management agreements

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

      4. 19.Effect of agreements on dedication of highway and grant of easement

      5. 20.Transitional provisions

      6. 21.Crown land

    7. Experimental schemes

      1. 22.Power to suspend statutory requirements for experimental schemes

      2. 23.Power of NRW to conduct experimental schemes etc.

    8. General

      1. 24.Power to amend periods for the preparation and publication of documents

      2. 25.Regulations under this Part

      3. 26.General interpretation of this Part

      4. 27.Minor and consequential provision

  3. PART 2 CLIMATE CHANGE

    1. Introduction

      1. 28.Purpose of this Part

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

      1. 29.The 2050 emissions target

      2. 30.Interim emissions targets

      3. 31.Carbon budgets

      4. 32.Emissions targets and carbon budgets: principles

    3. Targets and budgets: scope and main concepts

      1. 33.The net Welsh emissions account

      2. 34.Net Welsh emissions

      3. 35.Welsh emissions from international aviation and shipping

      4. 36.Carbon units

      5. 37.Greenhouse gases

      6. 38.The baseline

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

      1. 39.Proposals and policies for meeting carbon budget

      2. 40.Carrying amounts from one budgetary period to another

      3. 41.Final statement for budgetary period

      4. 42.Proposals and policies where carbon budget not met

    5. Compliance with emissions targets: statements by the Welsh Ministers

      1. 43.Statements for interim target years and 2050

    6. Functions of advisory body: reports and advice

      1. 44.Advisory body

      2. 45.Progress reports

      3. 46.Duty of advisory body to provide advice and assistance

      4. 47.Guidance to advisory body

    7. Regulations: procedure and advice

      1. 48.Regulations: procedure

      2. 49.Requirement to obtain advice about proposals to make regulations

      3. 50.Advice about proposed regulations relating to targets and budgets

    8. Measurement and interpretation

      1. 51.Measurement of emissions

      2. 52.International carbon reporting practice

      3. 53.General interpretation of this Part

  4. PART 3 CHARGES FOR CARRIER BAGS

    1. Regulations about charges for carrier bags

      1. 54.Meaning of “carrier bag”

      2. 55.Requirement to charge

      3. 56.Sellers of goods

      4. 57.Application of proceeds

    2. Administration and enforcement

      1. 58.Administration

      2. 59.Record-keeping and publication of records

      3. 60.Enforcement

      4. 61.Civil sanctions

    3. General

      1. 62.Regulations under this Part

      2. 63.General interpretation of this Part

      3. 64.Minor and consequential amendments and repeals

  5. PART 4 COLLECTION AND DISPOSAL OF WASTE

    1. Separate collection etc. of waste

      1. 65.Requirements relating to separate collection etc. of waste

    2. Disposal of waste

      1. 66.Prohibition on disposal of food waste to sewer

      2. 67.Power to prohibit or regulate disposal of waste by incineration

    3. Enforcement

      1. 68.Civil sanctions

    4. General

      1. 69.Regulations

      2. 70.Minor and consequential amendments and repeals

  6. PART 5 FISHERIES FOR SHELLFISH

    1. Applications for orders relating to fisheries

      1. 71.Applications for orders relating to fisheries

    2. Protection of marine environment

      1. 72.Requirement to include environmental provisions in orders relating to fisheries

      2. 73.Power to serve notices for protection of European marine sites

      3. 74.Power to vary or revoke orders to protect European marine sites

      4. 75.Supplementary provision

  7. PART 6 MARINE LICENSING

    1. 76.Advice and assistance in relation to marine licensing

    2. 77.Fees for monitoring, variation etc. of marine licences

    3. 78.Further provision about payment of fees

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

    5. 80.Exceptions from power to delegate licensing authority functions

  8. PART 7 MISCELLANEOUS

    1. Flood and Coastal Erosion Committee

      1. 81.Establishment of Flood and Coastal Erosion Committee

    2. Land drainage

      1. 82.Repeal of requirements to publish in local newspapers etc.

      2. 83.Valuation of non-agricultural land for apportionment of drainage expenses

      3. 84.Power to make provision for appeals against special levies

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

    3. Byelaws

      1. 86.Byelaws made by the Natural Resources Body for Wales

  9. PART 8 GENERAL

    1. 87.Interpretation

    2. 88.Coming into force

    3. 89.Short title

    1. SCHEDULE 1

      CHARGES FOR CARRIER BAGS: CIVIL SANCTIONS

      1. Civil sanctions

        1. 1.(1) Carrier bag regulations may make provision about civil sanctions...

      2. Fixed monetary penalties

        1. 2.(1) Carrier bag regulations may confer on an administrator the...

      3. Fixed monetary penalties: procedure

        1. 3.(1) Carrier bag regulations that make provision under paragraph 2...

      4. Discretionary requirements

        1. 4.(1) Carrier bag regulations may confer on an administrator the...

      5. Discretionary requirements: procedure

        1. 5.(1) Carrier bag regulations that make provision under paragraph 4...

      6. Discretionary requirements: enforcement

        1. 6.(1) If carrier bag regulations make provision under paragraph 4,...

      7. Combination of sanctions

        1. 7.(1) Carrier bag regulations may not make provision under paragraphs...

      8. Monetary penalties

        1. 8.(1) If carrier bag regulations confer power on an administrator...

      9. Costs recovery

        1. 9.(1) If carrier bag regulations make provision under paragraph 4,...

      10. Appeals

        1. 10.(1) Carrier bag regulations may not provide for the making...

      11. Publicity for imposition of civil sanctions

        1. 11.(1) Carrier bag regulations may confer on an administrator the...

      12. Persons liable to civil sanctions

        1. 12.(1) Carrier bag regulations may make provision about the persons...

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

        1. 13.(1) Where carrier bag regulations confer power on an administrator...

      14. Publication of enforcement action

        1. 14.(1) Where carrier bag regulations confer power on an administrator...

      15. Compliance with regulatory principles

        1. 15.Carrier bag regulations may not confer power on an administrator...

      16. Review

        1. 16.(1) The Welsh Ministers must review the operation of any...

      17. Suspension

        1. 17.(1) Where carrier bag regulations confer power on an administrator...

      18. Payment of penalties into Welsh Consolidated Fund

        1. 18.Where pursuant to any provision made under this Schedule an...

      19. Index of defined terms

        1. 19.In this Schedule, the following expressions are defined or otherwise...

    2. SCHEDULE 2

      MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS

      1. PART 1 SUSTAINABLE MANAGEMENT OF NATURAL RESOURCES

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

          1. 1.(1) The National Parks and Access to the Countryside Act...

        2. Countryside Act 1968 (c. 41)

          1. 2.(1) The Countryside Act 1968 is amended as follows.

        3. Wildlife and Countryside Act 1981 (c. 69)

          1. 3.(1) The Wildlife and Countryside Act 1981 is amended as...

        4. Road Traffic Regulation Act 1984 (c. 27)

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

        5. Water Industry Act 1991 (c. 56)

          1. 5.In section 156(8) of the Water Industry Act 1991, in...

        6. Environment Act 1995 (c. 25)

          1. 6.(1) The Environment Act 1995 is amended as follows.

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

          1. 7.In section 90 of the Countryside and Rights of Way...

        8. Planning and Compulsory Purchase Act 2004 (c. 5)

          1. 8.(1) The Planning and Compulsory Purchase Act 2004 is amended...

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

          1. 9.(1) The Natural Environment and Rural Communities Act 2006 is...

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

          1. 10.(1) The Well-being of Future Generations (Wales) Act 2015 is...

        11. Planning (Wales) Act 2015 (anaw 4)

          1. 11.In Schedule 2 to the Planning (Wales) Act 2015, omit...

      2. PART 2 CHARGES FOR CARRIER BAGS

        1. Climate Change Act 2008 (c. 27)

          1. 12.(1) The Climate Change Act 2008 is amended as follows....

        2. Waste (Wales) Measure 2010 (nawm 8)

          1. 13.(1) The Waste (Wales) Measure 2010 is amended as follows....

      3. PART 3 COLLECTION AND DISPOSAL OF WASTE

        1. Environmental Protection Act 1990 (c. 43)

          1. 14.(1) The Environmental Protection Act 1990 is amended as follows....

        2. Household Waste Recycling Act 2003 (c. 29)

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

        3. Government of Wales Act 2006 (c. 32)

          1. 16.In Schedule 11 to the Government of Wales Act 2006,...

        4. Waste (Wales) Measure 2010 (nawm 8)

          1. 17.(1) The Waste (Wales) Measure 2010 is amended as follows....

      4. PART 4 FLOOD AND COASTAL EROSION COMMITTEE

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

          1. 18.In the Schedule to the Public Bodies (Admission to Meetings)...

        2. Local Government Act 1974 (c. 7)

          1. 19.In section 25(1)(d) of the Local Government Act 1974, omit...

        3. Water Resources Act 1991 (c. 57)

          1. 20.(1) The Water Resources Act 1991 is amended as follows....

        4. Land Drainage Act 1991 (c. 59)

          1. 21.In section 1(1)(a) of the Land Drainage Act 1991, after...

        5. Environment Act 1995 (c. 25)

          1. 22.In section 6 of the Environment Act 1995—

        6. Freedom of Information Act 2000 (c. 36)

          1. 23.In Part 6 of Schedule 1 to the Freedom of...

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

          1. 24.In Schedule 3 to the Public Services Ombudsman (Wales) Act...

        8. Flood and Water Management Act 2010 (c. 29)

          1. 25.(1) The Flood and Water Management Act 2010 is amended...

        9. Public Bodies Act 2011 (c. 24)

          1. 26.(1) The Public Bodies Act 2011 is amended as follows....

        10. Water Act 2014 (c. 21)

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

      5. PART 5 BYELAWS

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

          1. 28.(1) The National Parks and Access to the Countryside Act...

        2. Countryside Act 1968 (c. 41)

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

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

          1. 30.(1) The Local Government Byelaws (Wales) Act 2012 is amended...

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