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Environment (Wales) Act 2016

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Environment (Wales) Act 2016. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Commentary on Sections

    1. Part 1 – Sustainable management of natural resources

      1. Section 1 – Purpose

      2. Section 2 – Natural resources

      3. Section 3 –Sustainable management of natural resources

      4. Section 4 – Principles of sustainable management of natural resources

      5. Section 5 – General purpose of Natural Resources Body for Wales

      6. Section 6 – Biodiversity and resilience of ecosystems duty

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

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

      9. Section 9 – Duty to prepare, publish and implement natural resources policy

      10. Section 10 - Meaning of public body in sections 11 to 15

      11. Section 11 - Area Statements

      12. Section 12 - Welsh Ministers’ directions to implement area statements

      13. Section 13 – Guidance about implementing area statements

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

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

      16. Section 16 – Power to enter into land management agreements

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

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

      19. Section 19 – Effect of agreements on dedication of highway and grant of easement

      20. Section 20 – Transitional provisions

      21. Section 21 – Crown land

      22. Section 22 – Power to suspend statutory requirements for experimental schemes

      23. Section 23 – Power of NRW to conduct experimental schemes etc.

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

      25. Section 25 – Regulations under this Part

      26. Section 27 – Minor and consequential amendments and repeals

    2. Part 2 - Climate change

      1. Section 28 – Purpose of this Part

      2. Section 29 - The 2050 emissions target

      3. Section 30 - Interim emissions targets

      4. Section 31 - Carbon budgets

      5. Section 32 – Emissions targets and carbon budgets: principles

      6. Section 33 – The net Welsh emissions account

      7. Section 34 – Net Welsh emissions

      8. Section 35 – Welsh emissions from international aviation and shipping

      9. Section 36 – Carbon units

      10. Section 37 – Greenhouse gases

      11. Section 38 – The baseline

      12. Section 39 - Proposals and policies for meeting carbon budgets

      13. Section 40 - Carrying amounts from one budgetary period to another

      14. Section 41 - Final statement for budgetary period

      15. Section 42 - Proposals and policies where carbon budgets not met

      16. Section 43 - Statements for interim target years and 2050

      17. Section 44 - Advisory body

      18. Section 45 - Progress reports

      19. Section 46 - Duty of advisory body to provide advice and assistance

      20. Section 47 - Guidance to advisory body

      21. Section 48 – Regulations: procedure

      22. Section 49 – Requirement to obtain advice about proposals to make regulations

      23. Section 50 –Advice about proposed regulations relating to targets and budgets

      24. Section 51 – Measurement of emissions

      25. Section 52 – International carbon reporting practice

    3. Part 3 – Charges for Carrier Bags

      1. Section 54 – Meaning of “carrier bag”

      2. Section 55 – Requirement to charge

      3. Section 56 – Sellers of goods

      4. Section 57 – Application of proceeds

      5. Section 58 - Administration

      6. Section 59 – Record-keeping and publication of records

      7. Section 60 - Enforcement

      8. Section 61 – Civil sanctions

      9. Section 62 – Regulations under this Part

      10. Section 64 – Minor and consequential amendments and repeals

    4. Part 4 – Collection and Disposal of Waste

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

      2. Section 66 - Prohibition on disposal of food waste to sewer

      3. Section 67 - Power to prohibit or regulate disposal of waste by incineration

      4. Section 68 - Civil sanctions

      5. Section 69 - Regulations

      6. Section 70 - Minor and consequential amendments and repeals

    5. Part 5 – Fisheries for Shellfish

      1. Section 71 – Applications for orders relating to fisheries

      2. Section 72 – Requirement to include environmental provisions in orders relating to fisheries

      3. Section 73 – Power to serve notices for protection of European marine sites

      4. Section 74 – Power to vary or revoke orders to protect European marine sites

      5. Section 75 – Supplementary provision

    6. Part 6 - Marine licensing

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

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

      3. Section 78 - Further provision about payment of fees

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

      5. Section 80 - Exceptions from power to delegate marine licensing authority functions

    7. Part 7 – Miscellaneous

      1. Section 81 - Establishment of Flood and Coastal Erosion Committee for Wales

      2. Sections 82 to 85 – Land drainage

      3. Section 82 – Repeal of requirements to publish in local newspapers etc.

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

      5. Section 84 – Power to make provision for appeals against special levies

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

      7. Section 86 – Byelaws made by the Natural Resources Body for Wales

    8. Part 8 – General

      1. Section 87 – Interpretation

      2. Section 88 – Coming into force

    9. Schedule 1 – Charges for Carrier Bags: Civil Sanctions

      1. Civil Sanctions

      2. Fixed Monetary Penalties

      3. Fixed Monetary Penalties: Procedure

      4. Discretionary requirements: procedure

      5. Discretionary requirements: enforcement

      6. Combination of sanctions

      7. Monetary Penalties

      8. Costs Recovery

      9. Appeal

      10. Publicity for imposition of civil sanctions

      11. Persons liable to civil sanctions

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

      13. Publication of enforcement action

      14. Compliance with regulatory principles

      15. Review

      16. Suspension

      17. Payment of penalties into Welsh Consolidated Fund

    10. Schedule 2

      1. Part 1: Sustainable management of natural resources

      2. Part 2: Charges for carrier bags

      3. Part 3: Collection and disposal of waste

      4. Part 4: Flood and coastal erosion committee

      5. Part 5: Byelaws

  3. Record of Proceedings in National Assembly for Wales

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.

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