35Biodiversity targets(1)

After section 6A of the Environment Act (as inserted by section 39 of this Act), insert—Biodiversity targets

6BBiodiversity targets: general(1)

The Welsh Ministers may by regulations set targets in respect of any matter relating to biodiversity in Wales.

(2)

The Welsh Ministers may set a target in the regulations only if they are satisfied that meeting it would contribute to halting and reversing the decline in biodiversity or to restoring biodiversity to resilient levels, in particular through one or more of the following—

(a)

increasing the abundance of native species;

(b)

enhancing the resilience of ecosystems (in particular the aspects specified in section 6(2)(a) to (e));

(c)

increasing genetic diversity.

(3)

In considering whether a target would contribute to‍ the matters specified in subsection (2)(a), (b) or (c), the Welsh Ministers must have regard to the list published under section 7.

(4)

The regulations must, in relation to each target—

(a)

specify a standard to be achieved, which must be capable of being objectively measured, and

(b)

specify a date by which the standard is to be achieved.

(5)

The regulations must—

(a)

include provision about how to measure—

(i)

progress towards achieving each standard specified under subsection (4), and

(ii)

whether the standard has been achieved, and

(b)

specify indicators as a means of measuring those things.

(6)

A target under this section is set when the regulations setting it come into force.

(7)

In this section—

(a)

“native species” means species that naturally occur or have in the past naturally occurred in Wales, including—

(i)

regularly occurring migratory species (both breeding and non-breeding) and natural colonists, and

(ii)

species that have been reintroduced in Wales following past extinction;

(b)

“natural colonists” means species that arrived in Wales of their own accord and have become established, including those that become migratory species.

(8)

In sections 6C, 6D, 6G, 6H and 6I, “specified standard” and “specified date”, in relation to a target set under this section, mean the standard and date specified under subsection (4).

6CDuty to make regulations setting targets: priority areas(1)

The Welsh Ministers must exercise the power in section 6B to‍ —

(a)

set a long-term target in respect of at least one matter within each of the priority areas in subsection (2)(a) and (b),

(b)

set a short-term target in respect of at least one matter within each of the priority areas in subsection (2)(a) and (b), and

(c)

set a target in respect of at least one matter within each of the priority areas in subsection (2)(c) and (d).

(2)

The priority areas are—

(a)

reducing the risk of the extinction of native species;

(b)

the effective management of ecosystems;

(c)

reducing pollution;

(d)

the quality of evidence to inform decisions relating to biodiversity, access to that evidence and its use and application.

(3)

A target is a “long-term target” if the specified date is at least 15 years after the date on which the target is set.

(4)

A target is a “short-term target” if the specified date is less than 15 years after the date on which the target is set.

(5)

Targets may not be set in respect of a matter within the priority area in subsection (2)(c) if a target may be set in respect of that matter under the Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2).

(6)

In subsection (2)(a), ”native species” has the meaning given by section 6B(7).

(7)

The Welsh Ministers must lay a draft of a Welsh statutory instrument containing the regulations required by this section before Senedd Cymru before the end of the period of‍ 2 years beginning with the date on which the Environment (Principles, Governance and Biodiversity Targets) (Wales) Act 2026 (asc xx) receives Royal Assent.

6DTarget-setting process(1)

Before making regulations under section 6B, the Welsh Ministers must seek advice from persons they consider to be independent and to have relevant expertise.

(2)

The Welsh Ministers must publish a summary of any such advice they receive.

(3)

When making regulations under section 6B, the Welsh Ministers must apply the principles of sustainable management of natural resources.

(4)

Before making regulations under section 6B, the Welsh Ministers must publish a report summarising—

(a)

the consultation that was carried out in connection with the regulations, and

(b)

any representations that were received as a result of the consultation.

(5)

Before making regulations under section 6B that set or amend a target, the Welsh Ministers must be satisfied that the target or amended target can be met.

(6)

For the purposes of this Part, a target is met if the specified standard is achieved by the specified date.

(7)

Subsections (1) to‍ (4) do not apply to provisions in regulations under section 6B that revoke a target that has been met.

6EDuty to meet targets

The Welsh Ministers must ensure that targets set in regulations made under section 6B are met.

6FDesignation of public authorities for the purpose of section 6(2A)(1)

The Welsh Ministers may by regulations designate a public authority within section 6(11) in relation to a target set in regulations made under section 6B.

(2)

Before making regulations under this section, the Welsh Ministers must consult—

(a)

the public authority they propose to designate, and

(b)

such other persons as they consider appropriate.

6GReview of targets(1)

The Welsh Ministers may, from time to time, review a target set in regulations under section 6B.

(2)

The Welsh Ministers must review a target set in regulations under section 6B if it appears to them—

(a)

that the target may not be met, or

(b)

that the target may no longer be appropriate.‍

(3)

The Welsh Ministers may, from time to time, review the effectiveness of all current targets for the purpose of determining whether setting further targets in regulations under section 6B would be more effective in contributing to halting and reversing the decline in biodiversity or to restoring biodiversity to resilient levels.

(4)

The Welsh Ministers must review the effectiveness of all current targets for the purpose mentioned in subsection (3)—

(a)

if a target set in regulations under section 6B has not been met by the specified date in relation to that target;

(b)

if 10 years have passed since the most recently completed review under any of subsection (3), this subsection or subsection (5).

(5)

If no review under subsection (3) or (4) has been completed before the end of 2041, the Welsh Ministers must review the effectiveness of all current targets for the purpose mentioned in subsection (3).

(6)

A target is current for the purpose of subsections (3) to (5) if—

(a)

it has been set in regulations under section 6B that are in force at the time of the review, and

(b)

it has not been met at that time.

(7)

In carrying out a review under this section, the Welsh Ministers must seek advice from persons they consider to be independent and to have relevant expertise.

(8)

The Welsh Ministers must publish a summary of any such advice they receive.

(9)

After carrying out a review under this section, the Welsh Ministers must lay before Senedd Cymru, and publish, a statement noting its conclusions.

(10)

If‍ a review under subsection (1) or (2) concludes that a target will not be met or is no longer appropriate, the statement must note the reasons for that conclusion and the steps, if any, the Welsh Ministers intend to take in relation to the target in consequence of the review.

(11)

If a review under subsection (3), (4) or (5) concludes that further targets should be set in regulations under section 6B, the Welsh Ministers must lay a draft of a Welsh statutory instrument containing such regulations before Senedd Cymru before the end of the period of 2 years beginning with the day on which the review was completed.

(12)

A review is completed for the purpose of subsections (4)(b), (5) and (11) when the statement required by subsection (9) is published.

6HRevoking or lowering targets(1)

The Welsh Ministers may not make regulations under section 6B that revoke or lower a target (the “existing target”) unless they are satisfied that—

(a)

because of changes to the evidence to which they had regard when setting the existing target, meeting it would not contribute to halting and reversing the decline in biodiversity or to restoring biodiversity to resilient levels,

(b)

meeting the existing target would have no significant benefit compared with not meeting it or with meeting a lower target,

(c)

because of changes in circumstances since the existing target was set, the environmental, social, economic or other costs of meeting it would be disproportionate to the benefits, or

(d)

meeting the existing target is no longer achievable—

(i)

because of changes in circumstances since the existing target was set, or

(ii)

because of changes to the evidence to which the Welsh Ministers had regard when setting the existing target.

(2)

If the Welsh Ministers are satisfied that—

(a)

the costs of meeting the existing target would be disproportionate to the benefits as mentioned in subsection (1)(c), or

(b)

meeting the existing target is no longer achievable as mentioned in subsection (1)(d),

they must, before making regulations under section 6B that revoke the target, consider whether to make regulations that lower the target.

(3)

Before making regulations under section 6B that revoke or lower a target, the Welsh Ministers must lay before Senedd Cymru, and publish, a statement explaining why the Welsh Ministers are satisfied as mentioned in subsection (1).

(4)

Regulations lower a target if, to any extent, they—

(a)

replace the specified standard with a lower standard, or

(b)

replace the specified date with a later date.

(5)

This section does not apply to provisions in regulations under section 6B that revoke a target that has been met.

6IStatement about targets(1)

On or before the specified date in relation to each target set under regulations under section 6B, the Welsh Ministers must lay before Senedd Cymru, and publish, a statement containing the required information.

(2)

The required information is (as appropriate)—

(a)

that the target has been met,

(b)

that the target has not been met, or

(c)

that the Welsh Ministers are not yet able to determine whether the target has been met, the reasons for that and the steps the Welsh Ministers intend to take in order to determine whether the target has been met.

(3)

Where the Welsh Ministers make a statement that a target has not been met, the Welsh Ministers must, before the end of‍ 6 months beginning with the date on which the statement is laid, lay before Senedd Cymru, and publish, a report.

(4)

The report must—

(a)

explain why the target has not been met, and

(b)

set out the steps the Welsh Ministers have taken, or intend to take, to ensure the target is met as soon as reasonably practicable.

(5)

Before deciding on the steps referred to in subsection (4)(b), the Welsh Ministers must seek advice from persons they consider to be independent and to have relevant expertise.

(6)

The Welsh Ministers must publish a summary of any such advice they receive.

(7)

Where the Welsh Ministers make a statement that they are not yet able to determine whether a target has been met, the Welsh Ministers must, before the end of 6 months beginning with the date on which the statement is laid, lay before Senedd Cymru, and publish, a further statement containing the required information.

(8)

Subsections (2) to (7) apply to further statements under subsection (7) as they apply to a statement under subsection (1).

(2)

Before section 7 of the Environment Act, insert—Biodiversity lists.

(3)

In section 25(4) of the Environment Act, after “section 22(1)” insert “, or to revoke a target that has been set in regulations under section 6B and that has been met,”.