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Environment (Wales) Act 2016

Schedule 2

Part 1: Sustainable management of natural resources

357.Part 1 of Schedule 2 makes a number of amendments and repeals in relation to Part 1 of the Act.

358.Paragraphs 1 to 5 make a number of amendments as a consequence of sections 16 and 23 of the Act. Amendments are made to the National Parks and Access to the Countryside Act 1949 (1949 Act), Countryside Act 1968 (1968 Act) and Wildlife and Countryside Act 1981 as a result of section 16 of the Act. These amendments have the effect of removing NRW’s powers to make land management agreements under these Acts, as those powers are now replaced by the power in section 16 of the Act.

359.Paragraphs 1 to 5 of Schedule 2 also amend various provisions that refer to agreements made under the previous powers in the 1949 Act, 1968 Act and 1981 Act so that they refer instead to land management agreements made under section 16 the Act.

360.Paragraph 2(2) repeals section 4 of the 1968 Act, removing NRW’s power to conduct experimental projects or schemes. A broader power to conduct experimental schemes is now provided by section 23 of the Act, which substitutes Article 10C of the Natural Resources Body for Wales (Establishment) Order 2012.

361.Paragraphs 6 to 9 make amendments to a number of Acts to create a link with relevant provisions in Part 1 of the Act. Paragraph 6 amends the Environment Act 1995 to ensure that National Park authorities are required to have regard to the most recent state of natural resources report and any relevant area statement(s) when publishing, adopting or reviewing management plans under section 66 of that Act.

362.Paragraph 7 amends the Countryside and Rights of Way Act 2000 to ensure that in publishing, adopting or reviewing a management plan under section 89 of that Act, the relevant local authority or conservation board must have regard to the most recent stage of natural resources report and any area statement relevant to the area of outstanding natural beauty as appropriate.

363.Paragraph 8 amends the Planning and Compulsory Purchase Act 2004, to ensure that the national natural resources policy is taken into account in the preparation of the National Development Framework and that in the preparation of Local Development Plans (LDP) regard must be had to any areas statements relevant to that LDP.

364.Paragraph 9 amends the duty in section 40 of the NERC Act 2006 for public authorities to have regard to biodiversity, so that it applies only in relation to HMRC, and in relation to other public bodies when they are exercising functions in relation to England. Section 6 of the Act will apply instead where public authorities other than HMRC are exercising functions in relation to Wales.

365.Sub-paragraph (3) repeals section 42 of the NERC Act 2006 which requires the Welsh Ministers to prepare and publish a list of living organisms and habitats of principal importance for biodiversity in Wales. The requirement is now provided for by section 7 of the Act. A number of further amendments are made to Schedule 11 of the NERC Act 2006 in sub-paragraph (4).

366.Paragraph 10 inserts a new paragraph into section 36(1) of the Well-being of Future Generations (Wales) Act 2015. The new paragraph will require Public Service Boards in preparing a local well-being assessment to take into account an area statement or statements published under section 10 of this Act, which relate to any part of a local authority’s area. Sub-paragraph (2) updates the definition of UN Sustainable Development Goals in the 2015 Act.

367.Paragraph 11 repeals paragraph 29 of Schedule 2 to the Planning (Wales) Act. Paragraph 29 amended the definition of a public authority in section 40 of the NERC Act 2006. Section 6 of the Act repeals section 40 of the NERC Act 2006 in relation to the functions of public authorities in relation to Wales and therefore paragraph 29 has no effect.

Part 2: Charges for carrier bags

368.Paragraphs 10 and 11 of Schedule 2 make consequential amendments to the Climate Change Act 2008 and the Waste (Wales) Measure 2010 which have the effect of disapplying, in relation to Wales, the provisions about single use carrier bags in Schedule 6 of the 2008 Act.

Part 3: Collection and disposal of waste

369.In Part 3 of Schedule 2, paragraph 14 makes consequential amendments to the Environmental Protection Act 1990, as a result of the insertion of a new section 45AA. Sub-paragraph (2) has the effect of making section 45A of that Act applicable to England only, and sub-paragraph (3) repeals section 45B.

370.Paragraph 15 repeals section 2 of the Household Waste Recycling Act 2003, which inserted section 45B into the Environmental Protection Act 1990.

371.Paragraph 16 repeals a transitional provision in Schedule 11 of the Government of Wales Act 2006, relating to section 45B of the Environmental Protection Act 1990.

372.Paragraph 17 makes consequential amendments to the Waste (Wales) Measure 2010, as a result of the insertion of a new section 9A of the Measure.

Part 4: Flood and coastal erosion committee

373.Section 82(3) and Part 4 of Schedule 2 makes minor and consequential amendments to update legislation which contains references to Regional Flood and Coastal Committees in Wales. The amendments reflect the abolition of Flood Risk Management Wales (the regional flood and coastal committee for Wales) and its replacement by the Flood and Coastal Erosion Committee.

Part 5: Byelaws

374.In Part 4 of Schedule 2, paragraphs 26 and 27 make amendments to the National Parks and Access to the Countryside Act 1949 and the Countryside Act 1968, both of which contain provisions relating to CCW’s byelaw making functions.

375.In Part 4 of Schedule 2, paragraph 28 makes a number of amendments to the Local Government Byelaws (Wales) Act 2012 that removes all references to CCW and replaces them with references to NRW.

376.Sub-paragraph 2 does so in the section defining which bodies are legislative authorities and have powers to make byelaws for the purposes of the Act. Sub-paragraphs 3 and 4 do so in sections dealing with the procedures and formalities for making byelaws.

377.Sub-paragraph 5 repeals paragraph 11 of Schedule 2 to the Act, in relation to the Wildlife and Countryside Act 1981.

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