Chapter 1 – National targets
5.This Chapter makes provision for a specific framework for setting, reviewing and reporting on national air quality targets for Wales, which will apply in addition to other legislation in this area. The new targets will provide a specific mechanism to deliver long-term outcomes and places a duty on Welsh Ministers to make regulations to set a target in respect of the annual mean level of PM2.5 in ambient air in Wales and to set a further long-term target.
Section 1 – Air quality targets: general
6.Subsection (1) gives the Welsh Ministers a power to make regulations that set long-term targets in respect of any matter relating to air quality in Wales.
7.Subsection (2) places a duty on the Welsh Ministers to exercise the power in subsection (1) to set a long-term target for one of the following pollutants: ammonia, PM10 (defined in subsection (8)), ground level ozone, nitrogen dioxide, carbon monoxide or sulphur dioxide.
8.Any target set under these regulations must, under subsection (3), specify a standard to be achieved and a date by which that standard is to be achieved. Subsection (8) explains that these are referred to as the “
9.A standard might be specified, for example, in relation to a concentration of an air pollutant with harmful effects on public health, ecosystems and biodiversity.
10.The specified standard must be capable of being objectively measured and so the process of setting targets will need to take this into account. Subsection (4) enables the Welsh Ministers to make provision within the regulations about how the matter in respect of which the target is set is to be measured. The method of measurement will need to be clear and repeatable.
11.Subsection (5) provides that regulations setting the target required by subsection (2) must specify that the target is set to comply with that subsection.
12.Subsection (6) provides that a target is a “long-term target” if the specified date for that target is at least 10 years after the date on which the target is set. Subsection (7) explains that a target is set when the regulations setting it come into force.
Section 2 – Air quality targets: particulate matter
13.This section imposes a duty on Welsh Ministers to set at least one target, in regulations, in respect of the annual mean level of PM2.5 in ambient air in Wales. This is referred to as a “PM2.5 air quality target” in this section and Chapter 1 of the Act (and this reference has the same meaning within these Explanatory Notes).
14.Subsection (2) provides that a PM2.5 air quality target may be a long-term target, but it does not have to be.
15.Subsection (3) defines PM2.5 as particulate matter with an aerodynamic diameter not exceeding 2.5 micrometres. Subsection (4) provides that the Welsh Ministers must ensure that “ambient air” is defined for the purpose of each PM2.5 target and that regulations under section 2 may contain different definitions for different targets.
16.Subsection (5) applies subsections (3) to (4) and (6) to (8) of section 1 to regulations made under this section: see above for an explanation of the effect of these provisions. This means, for example, that regulations setting a PM2.5 air quality target must specify the standard to be achieved (which must be capable of being objectively measured) and must specify a date by which that standard is to be achieved.
Section 3 – Target-setting process
17.This section sets out the process that the Welsh Ministers must follow before setting, amending or revoking a long-term air quality target under section 1 and before setting or amending a PM2.5 air quality target under section 2. Neither a target set to comply with the duty in section 1(2) nor a PM2.5 air quality target can be revoked by regulations made under section 1 or 2 respectively (see subsections (7) and (8)).
18.Pursuant to subsection (1), before making regulations under sections 1 or 2 the Welsh Ministers must: (a) seek advice from persons they consider to be independent and have relevant expertise; and (b) have regard to scientific knowledge on air pollution. This could include, for example, international evidence on the health and environmental effects of air pollution and the economic, technical and social analyses, and the feasibility of meeting targets.
19.Under subsection (2), before making regulations that set or amend a target in respect of a particular pollutant, the Welsh Ministers must have regard to any guidelines for that pollutant published by the World Health Organisation in its most recent global air quality guidelines.
20.Subsection (3) requires the Welsh Ministers to set targets they are satisfied can be met. This applies to a target or targets set under the first exercise of the powers under sections 1 and 2 and to any amended targets that are set using those powers. Subsection (9) provides that a target is met if the specified standard is achieved by the specified date.
21.Subsections (4) to (8) set out the process that must be followed in order to revoke or lower a target that has been set under section 1 or 2. Subsection (6) explains that a target is lowered if it replaces the specified standard with a lower standard or replaces the specified date with a later date.
22.Pursuant to subsection (4), the Welsh Ministers can only revoke or lower an existing target if they are satisfied that (a) meeting the existing target would have no significant benefit compared with not meeting it or meeting a lower target; or (b) because of changes in circumstances since the existing target was set or last amended the environmental, social, economic, or other costs of meeting it would be disproportionate to the benefits.
23.Meeting a target may have no significant benefit. For example, if meeting it was anticipated to generate a health benefit, and new scientific evidence has now demonstrated that the same health benefit is achievable through meeting a revised or entirely new target. Alternatively, the new scientific evidence may demonstrate that the anticipated health benefit is no longer expected.
24.A change in circumstances may, for example, occur as a result of unforeseen reductions in international emission reduction ambitions, assumed when the targets were set, affecting pollutant levels in Wales. This may significantly reduce the ability of actions taken in Wales to achieve a target, or disproportionately increase the associated costs.
25.Subsection (5) requires that before lowering or revoking a target, the Welsh Ministers must publish and lay before Senedd Cymru a statement that explains why they are satisfied that at least one of the grounds in subsection (4) has been met.
26.Subsection (10) requires the Welsh Ministers to lay a draft statutory instrument containing the regulations required by section 1(2) before Senedd Cymru before the end of the period of 6 years beginning with the date on which this Act receives Royal Assent.
27.Subsection (11) requires the Welsh Ministers to lay a draft statutory instrument containing regulations setting a PM2.5 target before Senedd Cymru before the end of the period of 3 years beginning with the date on which this Act receives Royal Assent.
Section 4 - Effect of targets
28.Subsection (1) places the Welsh Ministers under a duty to ensure long term targets set under section 1 and the PM2.5 air quality targets set under section 2 are met.
29.Subsection (2) clarifies that nothing in Chapter 1 of the Act, except section 8, limits the Welsh Ministers’ power under section 87 of the Environment Act 1995 to make regulations for the assessment or management of air quality.
Section 5 - Reporting on targets
30.Section 5 sets out the reporting duties that are placed on Welsh Ministers in relation to long-term targets set under section 1 and PM2.5 air quality targets set under section 2.
31.Subsection (1) provides that regulations under sections 1 and 2 must set a reporting date for any target that is set under those regulations. On or before the reporting date for each target, the Welsh Ministers must lay one of three statements before Senedd Cymru (and publish that statement):
A statement, under section 5(3)(a), that the target has been met.
A statement, under section 5(3)(b), that the target has not been met. Within 12 months of laying this statement, the Welsh Ministers must, under subsections (4) and (5), lay a report before Senedd Cymru explaining why the target was not met and what steps they have taken, or intend to take to make sure that the specified standard under that target is achieved as soon as reasonably practicable. The Welsh Ministers must also publish this report.
A statement, under section 5(3)(c), that the Welsh Ministers cannot determine whether the target has been met. This statement must also explain why the Welsh Ministers have not been able to make this determination and the steps they intend to take in order to be able to do so. Within 6 months of laying this statement, the Welsh Ministers must, under subsection (6), lay a further statement before Senedd Cymru confirming whether or not a target has been met or that they cannot determine whether it has been met. Subsections (3) to (6) apply to any further statement in the same way as they apply to a statement made under subsection (2). The Welsh Ministers must also publish the further statement.
Section 6 - Review of targets
32.Subsection (1) places a duty on the Welsh Ministers to review targets set under sections 1 and 2.
33.Under subsection (2), when undertaking a review, the Welsh Ministers must seek advice from persons they consider to be independent and to have relevant expertise. They must also have regard to scientific knowledge about air pollution. This could include, for example, international evidence on the health and environmental effects of air pollution and the economic, technical and social analyses, and the feasibility of meeting targets.
34.Under subsection (3), in carrying out a review of a target in respect of a pollutant for which guidelines have been published by the World Health Organisation in its most recent global air quality guidelines, the Welsh Ministers must have regard to the guidelines in respect of that pollutant.
35.Subsection (4) requires the Welsh Ministers, once they have carried out the review, to publish and lay before Senedd Cymru a statement about the steps, if any, they intend to take under section 1 or section 2 in relation to each target as a result of the review.
36.Subsection (5) provides that where the Welsh Ministers determine that no steps will be taken in relation to a target, the statement must include the reasons for that decision.
37.Subsections (6) and (7) set out when the targets set under sections 1 and 2 must be reviewed. The first review must be completed within 5 years beginning with the day on which the first target is set. Subsequent reviews must be completed within 5 years of the day on which the previous review was completed.
38.Subsection (8) clarifies that a review is completed when the Welsh Ministers have laid the statement referred to in subsection (4) before Senedd Cymru and published it.
Section 7 - Monitoring progress towards meeting targets
39.Subsection (1) requires the Welsh Ministers to make arrangements for obtaining such data about air quality in Wales as they consider appropriate for the purpose of monitoring progress being made towards meeting any of the targets set under section 1 or 2.
40.Subsection (2) requires the Welsh Ministers to publish any data that is obtained under subsection (1) as soon as is reasonably practicable.
Section 8 – Maintaining air quality standards
41.Section 87(1) of the Environment Act 1995 (c. 25) (referred to as “
42.Section 8 of the Act requires this power to be exercised when the specified date for a target set under section 1 or 2 of this Act has been reached and the specified standard for the target has been achieved (whether by the specified date or by a later date).
43.Section 8(2) requires the Welsh Ministers, in these circumstances, to exercise their regulation-making power under section 87(1) of the 1995 Act to ensure that they are placed under a duty to maintain the standard that has been achieved and that they are required to report on compliance with that duty.
44.Under section 8(3), the Welsh Ministers can use their regulation-making powers under section 87(1) of the 1995 Act to lower the standard that must be maintained, or to revoke that standard. However, they can only do so if they are satisfied that one of the conditions in section 8(3)(a) or (b) is met.
45.Before making regulations under section 87(1) of the 1995 Act to lower the standard that must be maintained, or to revoke that standard, the Welsh Ministers must comply with the requirements in section 8(4)(a) to (d). These requirements are in addition to the consultation requirement under section 87(7B) of the 1995 Act.
Section 9 – Reporting in relation to section 1
46.Section 9 requires the Welsh Ministers, as soon as practicable after the end of each reporting period, to publish and lay before the Senedd a report on the consideration they have given during that reporting period to setting long-term targets under section 1.
47.Subsection (4) explains that the reporting periods are the period of two years beginning with the day on which section 1 comes into force and each subsequent period of 12 months.
48.Subsection (2) lists the pollutants that the report must, in particular, address. These are (a) ammonia, (b) PM10 (as defined in section 1(8)), (c) ground level ozone, (d) nitrogen dioxide, (e) carbon monoxide and (f) sulphur dioxide.
49.Subsection (3) provides that the report does not have to address a pollutant if regulations have been made under section 1 in relation to that pollutant.
