Environment (Principles, Governance and Biodiversity Targets) (Wales) Act 2026

PART 2 E+W THE OFFICE OF ENVIRONMENTAL GOVERNANCE WALES

The Office of Environmental Governance Wales E+W

8 Establishment of the Office of Environmental Governance Wales E+W

(1) The Office of Environmental Governance Wales (“the OEGW”) is established as a body corporate.

(2) Schedule 1 contains further provision about the OEGW.

Commencement Information

I1 S. 8 in force at 27.6.2026, see s. 46(2)(c)

Prospective

9 Independence of the OEGW E+W

In exercising their functions in respect of the OEGW, the Welsh Ministers must have regard to the need to protect the OEGW’s independence.

Commencement Information

I2 S. 9 not in force at Royal Assent, see s. 46(4)

10 General purpose etc. E+W

The OEGW must exercise its functions—

(a) for the general purpose of—

(i) contributing to the‍ attainment of a high level of environmental protection and an improvement of the environment, and

(ii) ensuring the effectiveness of environmental law and that it is complied with, implemented and applied;

(b) impartially, objectively, proportionately and transparently.

Commencement Information

I3 S. 10 in force at 27.6.2026, see s. 46(2)(c)

Prospective

11 Duty to prepare and publish strategy E+W

(1) The OEGW must prepare and publish a strategy.

(2) The strategy must set out how the OEGW intends to exercise its functions.

(3) The OEGW must exercise its functions in accordance with the strategy.

(4) Schedule 2 contains further provision about—

(a) what in particular the strategy must contain, and

(b) procedural requirements.

Commencement Information

I4 S. 11 in force at 27.4.2028 (conditional on an earlier day not being appointed by Welsh Ministers), see s. 46(4)(5)(6)(c)

Prospective

Monitoring, reporting and advising functions E+W

12 Monitoring and reporting E+W

(1) The OEGW must monitor—

(a) public authorities’ compliance with environmental law, and

(b) the implementation and application of environmental law.

(2) The OEGW may report on—

(a) any matter that it is required to monitor under subsection (1), or

(b) any other matter concerned with the making of environmental law or its effectiveness.

(3) The OEGW must—

(a) publish its reports under subsection (2), and

(b) lay copies of the reports before Senedd Cymru.

Commencement Information

I5 S. 12 in force at 27.4.2028 (conditional on an earlier day not being appointed by Welsh Ministers), see s. 46(4)(5)(6)(c)

13 Advising the Welsh Ministers E+W

(1) The OEGW may give advice to the Welsh Ministers about—

(a) a proposal for the making of new environmental law or other new enactment relating to the environment in Wales,

(b) a proposed change to environmental law or other enactment relating to the environment in Wales, or

(c) any other matter relating to environmental law.

(2) Advice under this section may be given of the OEGW’s own initiative or on request by the Welsh Ministers.

(3) Where—

(a) the Welsh Ministers request the OEGW’s advice under subsection (1), but

(b) the OEGW determines not to give the advice requested,

the OEGW must give the Welsh Ministers a statement of its reasons for so determining.

(4) The OEGW must publish any advice it gives to the Welsh Ministers under this section.

(5) The Welsh Ministers must have regard to advice given by the OEGW under this section.

(6) In subsection (1), “Wales” includes, so far as the proposal or proposed change relates to fishing, fisheries or fish health, the area of the Welsh zone beyond the seaward limit of the territorial sea.

Commencement Information

I6 S. 13 in force at 27.4.2028 (conditional on an earlier day not being appointed by Welsh Ministers), see s. 46(4)(5)(6)(c)

14 Advice, guidance and assistance on environmental law E+W

(1) The OEGW may—

(a) issue guidance (whether general or specific), or

(b) give advice or other assistance to any person,

on any matter relating to environmental law.

(2) Where the OEGW’s advice to a public authority under this section includes recommendations relating to the authority’s application or implementation of environmental law, the OEGW may require the authority to respond to the recommendations within a period specified by the OEGW.

(3) The OEGW must publish any guidance it issues under this section.

Commencement Information

I7 S. 14 in force at 27.4.2028 (conditional on an earlier day not being appointed by Welsh Ministers), see s. 46(4)(5)(6)(c)

Prospective

Information notices E+W

15 Information notices E+W

(1) The OEGW may serve an information notice on a public authority.

(2) An information notice is a notice requiring the public authority to give the OEGW information that it reasonably requires for the purposes of exercising its functions.

(3) An information notice must specify—

(a) the information, or the nature of the information, that is to be given,

(b) the purposes for which the information is required,

(c) how the information is to be given, and

(d) the period within which the information is to be given.

(4) The period specified for the purposes of subsection (3)(d) must be at least 2 months beginning with the day the notice is served.

(5) The OEGW may, by giving notice to the public authority on whom an information notice was served—

(a) withdraw the information notice;

(b) vary the information notice (including by extending the period within which the information is required to be given).

(6) Subsection (7) applies where a public authority makes a representation to the OEGW about an information notice before the end of the period within which the information is required to be given.

(7) In working out the date by which the public authority is required to give the information to the OEGW, the time the OEGW takes to consider the representation does not count as part of the period within which the information is required to be given.

(8) For the purposes of subsection (7), the time the OEGW takes to consider the representation begins with the day the representation is made and ends with the day—

(a) the OEGW gives notice to the public authority under subsection (5) that the information notice is being withdrawn or varied in response to the representation, or

(b) the OEGW gives notice to the public authority that it is not withdrawing or varying the information notice in response to the representation.

Commencement Information

I8 S. 15 in force at 27.4.2028 (conditional on an earlier day not being appointed by Welsh Ministers), see s. 46(4)(5)(6)(c)

Prospective

Representations E+W

16 Representations E+W

(1) A person may make representations to the OEGW about any matters relating to—

(a) public authorities’ compliance with environmental law,

(b) how environmental law is implemented and applied, and

(c) the effectiveness of environmental law.

(2) The OEGW must prepare and publish a document that sets out the procedure by which the representations may be made.

(3) The document must also set out the OEGW’s policy on keeping persons informed about its response to their representations and any action it is taking.

Commencement Information

I9 S. 16 in force at 27.4.2028 (conditional on an earlier day not being appointed by Welsh Ministers), see s. 46(4)(5)(6)(c)

Prospective

Investigations E+W

17 Investigations E+W

(1) The OEGW may investigate any matter relating to—

(a) whether a public authority is failing, or has at any time (whether before or after this Act receives Royal Assent) failed, to comply with environmental law,

(b) how environmental law is implemented and applied, or

(c) the effectiveness of environmental law.

(2) Investigations under subsection (1) may be carried out of the OEGW’s own initiative or in response to any representations made to it by any person.

Commencement Information

I10 S. 17 in force at 27.4.2028 (conditional on an earlier day not being appointed by Welsh Ministers), see s. 46(4)(5)(6)(c)

Prospective

Compliance notices E+W

18 Compliance notices E+W

(1) The OEGW may serve a compliance notice on a public authority if it considers that the public authority—

(a) is failing to comply with environmental law, or

(b) has failed to comply with an information notice.

(2) A compliance notice served under subsection (1)(a) must specify—

(a) the environmental law to which the alleged failure relates,

(b) the conduct that has caused the OEGW to consider that the public authority is failing to comply with environmental law,

(c) one or more actions the OEGW requires the authority to take in order to address the failure (which may include action intended to remedy or mitigate, or prevent any repeat of, the failure), and

(d) the period within which each action must be taken.

(3) The period specified for each action for the purposes of subsection (2)(d) must be at least 30 days beginning with the day the notice was served (but see also section 19(2) (duration of specified period in urgent compliance notices)).

(4) A compliance notice served under subsection (1)(b) must specify—

(a) why the OEGW considers the public authority has failed to comply with the information notice,

(b) the action the OEGW requires the authority to take in order to address the failure, and

(c) the period within which the action must be taken.

(5) A compliance notice must also include—

(a) information about the right to request a review of a compliance notice, including the period within which the request must be made, and

(b) an explanation of the consequences of failing to take the action specified in the notice.

(6) The OEGW may, by giving notice to the public authority on whom a compliance notice was served—

(a) withdraw the compliance notice;

(b) vary the compliance notice.

(7) A compliance notice under subsection (1)(a) may not require any action to be taken in respect of an administrative decision taken by a public authority in relation to a particular person or case (for example, a decision on an application for planning permission, funding or a licence, or a decision on regulatory enforcement in a specific case).

Commencement Information

I11 S. 18 in force at 27.4.2028 (conditional on an earlier day not being appointed by Welsh Ministers), see s. 46(4)(5)(6)(c)

19 Urgent compliance notices E+W

(1) Subsection (2) applies where the OEGW considers that each action specified in a compliance notice to be served under section 18(1)(a) needs to be taken urgently to prevent or mitigate an imminent risk of serious damage to the environment or to human health.

(2) The notice may, in relation to each action specified in it, specify a period of less than 30 days, but of at least 7 days, beginning with the day the notice is served, as the period within which the action must be taken (instead of a period of at least 30 days in accordance with section 18(3)).

(3) A compliance notice that specifies a period of less than 30 days for each action in accordance with subsection (2) must indicate that it is an urgent compliance notice.

(4) Such a notice is referred to in this Part as an urgent compliance notice.

Commencement Information

I12 S. 19 in force at 27.4.2028 (conditional on an earlier day not being appointed by Welsh Ministers), see s. 46(4)(5)(6)(c)

20 OEGW’s review of compliance notices E+W

(1) The OEGW must review a compliance notice if requested to do so by the public authority on whom the notice was served.

(2) A request under subsection (1) must be made by giving notice to the OEGW.

(3) A request for a review of a compliance notice that is not an urgent compliance notice must be made before the end of 30 days beginning with the day the compliance notice is served.

(4) A request for a review of an urgent compliance notice must be made before the end of 7 days beginning with the day the compliance notice is served.

(5) A review under this section must be conducted—

(a) by the OEGW’s review committee (see paragraph 10 of Schedule 1);

(b) as soon as is reasonably practicable after the notice is given to the OEGW under subsection (2).

(6) Where the grounds for requesting a review include a failure to comply with section 18(2), (4) or (5), or some other defect or error in, or in connection with, a compliance notice, the review committee must disregard any such failure, defect or error if the committee considers it not to be a material one.

(7) On a review under this section, the review committee may—

(a) confirm the compliance notice,

(b) withdraw the compliance notice, or

(c) vary the compliance notice.

(8) The review committee must give notice of its determination on a review to the public authority that requested the review.

(9) The review committee’s determination on a review of a compliance notice is final (and no further requests for a review may be made in relation to the same compliance notice).

(10) A public authority must provide the review committee with such further information as the committee may reasonably require for the purposes of conducting a review under this section.

(11) Subsection (12) applies where a public authority requests a review of a compliance notice under this section.

(12) In working out the date by which the public authority is required to take an action specified in the notice, the time the review committee takes to conduct the review does not count as part of the period specified in the notice as the period within which the authority is required to take the action.

(13) For the purposes of subsection (12) the time the review committee takes to conduct the review begins with the day the public authority requests the review and ends with the day the review committee gives notice under subsection (8).

Commencement Information

I13 S. 20 in force at 27.4.2028 (conditional on an earlier day not being appointed by Welsh Ministers), see s. 46(4)(5)(6)(c)

21 High Court review after failure to take specified action E+W

(1) This section applies where the OEGW considers that a public authority has failed to take an action specified in a compliance notice in the period within which the action is required to be taken.

(2) The OEGW may apply to the High Court for an order requiring the public authority to—

(a) take the action as specified in the compliance notice, or

(b) take such action as varied by the Court as it considers appropriate.

(3) An application may not be made in relation to an action specified in a compliance notice that is not an urgent compliance notice before the later of—

(a) the end of the period within which the public authority is required to take the action, and

(b) any time limit that applies to the commencement of judicial review for questioning the alleged conduct in respect of which the compliance notice was served.

(4) An application may not be made in relation to an action specified in an urgent compliance notice before the end of the period within which the public authority is required to take the action.

(5) An order granted on an application under subsection (2) must specify the period within which the action is required be taken.

(6) If, in determining an application under subsection (2), the Court considers that a compliance notice or a part of a compliance notice is unreasonable or that, for any other reason, the notice ought to not have been served or the part ought to not have been included, the Court must by order require the OEGW to withdraw the notice or (as the case may be) the part of the notice.

Commencement Information

I14 S. 21 in force at 27.4.2028 (conditional on an earlier day not being appointed by Welsh Ministers), see s. 46(4)(5)(6)(c)

Prospective

Improvement reports and improvement plans E+W

22 Improvement reports E+W

(1) The OEGW may publish an improvement report if it considers that a public authority is failing or has at any time (whether before or after this Act receives Royal Assent) failed to—

(a) comply with environmental law, or

(b) implement or apply environmental law effectively.

(2) The OEGW may also publish an improvement report if it considers that the Welsh Ministers or other public authority has failed to make effective environmental law.

(3) A single improvement report under subsection (1) may relate to a failure by two or more public authorities but only if the OEGW is satisfied that all the authorities concerned are exercising or have exercised their functions in such a way as to lead to the same, or similar, alleged failure.

(4) Where the OEGW publishes an improvement report, it must—

(a) send a copy of the report to—

(i) the public authority in relation to whose alleged failure the report is published, and

(ii) if the Welsh Ministers are not the public authority in relation to whose alleged failure the report is published, the Welsh Ministers, and

(b) lay a copy of the report before Senedd Cymru.

Commencement Information

I15 S. 22 in force at 27.4.2028 (conditional on an earlier day not being appointed by Welsh Ministers), see s. 46(4)(5)(6)(c)

23 Improvement reports: content E+W

(1) An improvement report must—

(a) set out the details of the alleged failure to—

(i) comply with environmental law,

(ii) implement or apply environmental law effectively, or

(iii) make effective environmental law;

(b) explain the OEGW’s reasons for considering that there has been such a failure;

(c) set out the impact or possible impact of the failure;

(d) recommend actions for the Welsh Ministers to take in response to the failure;

(e) propose timescales for taking those actions.

(2) The actions recommended for the Welsh Ministers under subsection (1)(d) may not include—

(a) revoking or varying an administrative decision taken by a public authority in relation to a particular person or case, or

(b) requiring another public authority to revoke or vary such a decision.

Commencement Information

I16 S. 23 in force at 27.4.2028 (conditional on an earlier day not being appointed by Welsh Ministers), see s. 46(4)(5)(6)(c)

24 Improvement plans E+W

(1) Where the OEGW publishes an improvement report, the Welsh Ministers must respond by publishing an improvement plan.

(2) An improvement plan must set out—

(a) what the Welsh Ministers propose to do in response to the recommendations in the improvement report, including in particular—

(i) the actions the Welsh Ministers propose to take to implement the recommendations (in full or in part),

(ii) the proposed timescales for implementing the recommendations,

(iii) the arrangements for reviewing, and reporting on, progress in implementing the recommendations, and

(b) if the Welsh Ministers do not intend to implement the recommendations (in full or in part), the reasons for that.

(3) The Welsh Ministers must publish an improvement plan—

(a) before the end of 6 months beginning with the day they were sent an improvement report under section 22(4)(a), or

(b) if they consider that it is necessary to consult any person about the plan, before the end of 9 months beginning with that day.

(4) Where the Welsh Ministers publish an improvement plan, they must lay a copy of it before Senedd Cymru.

Commencement Information

I17 S. 24 in force at 27.4.2028 (conditional on an earlier day not being appointed by Welsh Ministers), see s. 46(4)(5)(6)(c)

Prospective

Co-operation duties E+W

25 Co-operation duties E+W

(1) A public authority must co-operate with the OEGW, and give it such reasonable assistance as it requests (including the provision of information), in connection with the exercise of the OEGW’s functions.

(2) A public authority must also make all reasonable efforts to—

(a) swiftly resolve any matter that the OEGW raises concerning the authority’s failure to comply with environmental law, to implement or apply environmental law effectively, or to make effective environmental law, and

(b) reach agreement with the OEGW on any remedial action the authority should take for the purposes of environmental protection.

Commencement Information

I18 S. 25 in force at 27.4.2028 (conditional on an earlier day not being appointed by Welsh Ministers), see s. 46(4)(5)(6)(c)

Prospective

Disclosure of information and confidentiality E+W

26 Disclosure of information to the OEGW E+W

(1) A public authority’s disclosure of information to the OEGW in accordance with a provision mentioned in subsection (3) does not breach—

(a) any obligation of confidence owed by the authority, or

(b) any other restriction on the disclosure of information (however imposed).

(2) But see also section 183A of the Data Protection Act 2018 (c. 12) (protection of requirements for processing personal data).

(3) The provisions are—

(a) section 15(1) (information notices);

(b) section 20(10) (requirement to provide information that the OEGW reasonably requires for the purposes of a review of a compliance notice);

(c) section 25(1) (public authority’s duty to co-operate with the OEGW).

(4) Nothing in this Part requires a public authority to provide the OEGW with information—

(a) that the authority would be entitled to refuse to provide in civil proceedings on the grounds of legal professional privilege, or

(b) that the authority would be entitled, or required by any rule of law, to refuse to provide in civil proceedings on the grounds of public interest immunit‍y.

Commencement Information

I19 S. 26 in force at 27.4.2028 (conditional on an earlier day not being appointed by Welsh Ministers), see s. 46(4)(5)(6)(c)

27 Confidentiality requirements: the OEGW E+W

(1) The OEGW must not disclose—

(a) information obtained by virtue of provision mentioned in subsection (2),

(b) correspondence between the OEGW and a public authority that relates to a particular information notice or compliance notice, or to the preparation of a particular improvement report, or

(c) correspondence between the OEGW and a public authority that is, or contains, an information notice or compliance notice or an unpublished draft of an improvement report.

(2) The provisions are—

(a) section 15(1) (information notices);

(b) section 20(10) (requirement to provide information that the OEGW reasonably requires for the purposes of a review of a compliance notice);

(c) section 25(1) (public authority’s duty to co-operate with OEGW).

(3) Subsection (1) does not apply to—

(a) a disclosure mentioned in subsection (1)(a) or (b) made with the consent of the public authority that provided the information or correspondence;

(b) a disclosure made for purposes connected with the exercise of the OEGW’s functions;

(c) a disclosure that relates only to a matter in relation to which the OEGW does not intend to take any further action under this Part;

(d) a disclosure made for the purposes of civil proceedings;

(e) a disclosure made for the purposes of a criminal investigation or criminal proceedings or for the purposes of the prevention or detection of crime;

(f) a disclosure made in pursuance of an order of a court or tribunal;

(g) a disclosure made in accordance with an enactment requiring or permitting the disclosure.

Commencement Information

I20 S. 27 in force at 27.4.2028 (conditional on an earlier day not being appointed by Welsh Ministers), see s. 46(4)(5)(6)(c)

28 Confidentiality requirements: public authorities E+W

(1) A public authority must not disclose correspondence between the OEGW and that, or any other, public authority—

(a) that relates to a particular information notice or compliance notice, or to the preparation of a particular improvement report, or

(b) that is, or contains, such a notice or an unpublished draft of such a report.

(2) Subsection (1) does not apply to—

(a) a disclosure mentioned in subsection (1)(a) made with the consent of the OEGW and the public authority with which the OEGW was corresponding (if not the public authority making the disclosure);

(b) a disclosure mentioned in subsection (1)(b) made with the consent of the OEGW;

(c) a disclosure made for purposes connected with co-operating with an investigation under section 17;

(d) a disclosure made for purposes connected with an information notice or compliance notice;

(e) a disclosure made for purposes connected with a High Court review under section 21, a statutory review or civil proceedings;

(f) a disclosure made for the purposes of a criminal investigation or criminal proceedings or for the purposes of the prevention or detection of crime;

(g) a disclosure made in pursuance of an order of a court or tribunal;

(h) a disclosure made in accordance with an enactment requiring or permitting the disclosure.

(3) The OEGW may not consent to the disclosure of a notice or an unpublished draft of a report in accordance with subsection (2)(b) unless the notice or draft report relates only to a matter in relation to which the OEGW does not intend to take any further action under this Part.

(4) If a public authority’s request for consent in accordance with subsection (2)(a) or (b) relates only to a matter in relation to which the OEGW does not intend to take any further action under this Part, the OEGW may not withhold its consent.

(5) In this section, “statutory review” means a claim for statutory review under—

(a) section 287 or 288 of the Town and Country Planning Act 1990 (c. 8),

(b) section 22 of the Planning (Hazardous Substances) Act 1990 (c. 10),

(c) section 113 of the Planning and Compulsory Purchase Act 2004 (c. 5), or

(d) section 183 of the Historic Environment (Wales) Act 2023 (asc 3).

Commencement Information

I21 S. 28 in force at 27.4.2028 (conditional on an earlier day not being appointed by Welsh Ministers), see s. 46(4)(5)(6)(c)

29 Application of Environmental Information Regulations 2004 E+W

If information or correspondence mentioned in section 27(1) and held by the OEGW, or mentioned in section 28(1) and held by a public authority, is environmental information for the purposes of the Environmental Information Regulations 2004 (SI 2004/3391), it is held by the OEGW or (as the case may be) the public authority, for the purposes of the application of those Regulations to that information, in connection with confidential proceedings.

Commencement Information

I22 S. 29 in force at 27.4.2028 (conditional on an earlier day not being appointed by Welsh Ministers), see s. 46(4)(5)(6)(c)

Staff transfer schemes E+W

30 Staff transfer schemes E+W

Schedule 3 makes provision about schemes for the transfer of staff from the Welsh Government to the OEGW.

Commencement Information

I23 S. 30 in force at 27.6.2026, see s. 46(2)(d)

Interpretation E+W

31 Meaning of “environmental law” E+W

(1) In this Part, “environmental law” means any devolved provision to the extent that it—

(a) wholly or mainly relates to environmental protection, and

(b) does not relate to—

(i) disclosure of, or access to, information;

(ii) taxation, finance or budgets.

(2) Subsection (1)(b)(i) does not exclude from the meaning of “environmental law” provisions in this Part that relate to the disclosure of information.

(3) In subsection (1), “devolved provision” means—

(a) provision contained in, or in an instrument made under, an Assembly Measure or an Act of Senedd Cymru, and

(b) provision contained in any other enactment which, if contained in an Act of Senedd Cymru, would be within the legislative competence of the Senedd (ignoring any requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006 (c. 32)).

(4) The Welsh Ministers may, by regulations, provide that a devolved provision specified in the regulations is, or is not, within the definition of “environmental law” in subsection (1) (and this Part applies accordingly).

(5) Before making regulations under subsection (4) the Welsh Ministers must consult—

(a) the OEGW, and

(b) such other persons as they consider appropriate.

Commencement Information

I24 S. 31 in force at 27.6.2026, see s. 46(2)(e)

32 Meaning of “public authority” E+W

In this Part, “public authority” means a person, other than the OEGW, who is—

(a) a devolved Welsh authority within the meaning given by section 157A of the Government of Wales Act 2006 (c. 32), or

(b) listed in paragraph 9(2) or (6) of Schedule 7B to that Act.

Commencement Information

I25 S. 32 in force at 27.6.2026, see s. 46(2)(e)

33 Meaning of “effectiveness of environmental law” E+W

In this Part, references to the effectiveness of environmental law are references to its effectiveness in contributing to environmental protection.

Commencement Information

I26 S. 33 in force at 27.6.2026, see s. 46(2)(e)

34 Meaning of “failing to comply with environmental law” E+W

In this Part, references to a public authority failing to comply with environmental law are references to the authority—

(a) exercising its functions in a way that is contrary to environmental law, or

(b) failing to exercise its functions where the failure is contrary to environmental law.

Commencement Information

I27 S. 34 in force at 27.6.2026, see s. 46(2)(e)