31Meaning of “environmental law”(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.