SCHEDULE 2THE OFFICE OF ENVIRONMENTAL GOVERNANCE WALES: STRATEGY
Content
1
(1)
The strategy prepared and published under section 11(1) must set out how the OEGW intends to—
(a)
comply with—
(i)
its duty to exercise its functions for the general purpose set out in section 10(a), and
(ii)
its duties under other enactments, including the duty to carry out sustainable development under Part 2 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2);
(b)
act impartially, objectively, proportionately and transparently;
(c)
monitor developments in the effectiveness of legislation relating to environmental protection that applies other than in Wales or which is made by international organisations;
(d)
collaborate with other persons for the purpose of the exercise of its functions;
(e)
exercise its functions in a way that seeks to avoid overlap with the exercise of functions by—
the Auditor General for Wales,
the Committee on Climate Change (within the meaning given by section 32 of the Climate Change Act 2008 (c. 27)),
the Future Generations Commissioner,
the Information Commissioner,
Natural Resources Wales,
the Public Services Ombudsman for Wales, and
any other person whose functions appear to the OEGW to be capable of overlapping with the OEGW’s functions.
(2)
The strategy must also set out how the OEGW intends to—
(a)
in carrying out its functions under section 12(1), monitor any targets relating to the environment set by or under environmental law;
(b)
manage representations it receives in accordance with the document published under section 16, including its policy on—
(i)
publishing information relating to the representations, and
(ii)
prioritising its consideration of the representations;
(c)
enable a public authority to make representations to it about an information notice with which the authority has been served.
(3)
The strategy must also contain the OEGW’s investigation policy, setting out in particular—
(a)
how the OEGW intends to take account of different kinds of information in determining whether to carry out an investigation;
(b)
circumstances in which the OEGW may determine not to carry out an investigation;
(c)
how the OEGW intends to prioritise investigations;
(d)
how the OEGW intends to engage with a public authority in relation to which the OEGW is, or is considering, carrying out an investigation;
(e)
how the OEGW intends to publish information relating to its investigations.
(4)
The strategy must also contain the OEGW’s enforcement policy, setting out in particular—
(a)
circumstances in which the OEGW may determine—
(i)
to serve a compliance notice,
(ii)
to publish an improvement report instead of serving a compliance notice, or
(iii)
not to serve a compliance notice or publish an improvement report;
(b)
how the OEGW intends to prioritise cases in which it considers it appropriate to serve a compliance notice;
(c)
how the OEGW intends to engage with a public authority in relation to which the OEGW may, or will, serve a compliance notice or publish an improvement report;
(d)
how the OEGW intends to determine—
(i)
for the purposes of section 19(1), whether steps specified in a compliance notice are required to be taken urgently to prevent or mitigate an imminent risk of serious damage to the environment or to human health, or
(ii)
whether to apply to the High Court for a review under section 21(1);
(e)
how the OEGW intends to publish information relating to compliance notices, reviews of compliance notices, and improvement reports.
Procedural requirements
2
(1)
In preparing the strategy, the OEGW must consult—
(a)
a committee of Senedd Cymru for the time being with remit for environmental protection, and
(b)
any other persons it considers appropriate.
(2)
The OEGW must review its strategy—
(a)
before the end of the period of 4 years beginning with the day it is first published, and
(b)
subsequently before the end of each period of 4 years beginning with the day the previous review is concluded.
(3)
The OEGW may revise its strategy following a review under sub-paragraph (2).
(4)
Sub-paragraph (1) applies to a revision of the OEGW’s strategy under sub-paragraph (3) as it applies to the initial preparation of the strategy.
(5)
If the OEGW revises its strategy under sub-paragraph (3), it must publish the revised strategy as soon as reasonably practicable.
(6)
The OEGW must, as soon as reasonably practicable after publishing the strategy or a revised strategy, lay a copy of the strategy or revised strategy before Senedd Cymru.