Explanatory Notes

Environment (Wales) Act 2016


21 March 2016

Commentary on Sections

Part 8 – General

324.This Part includes provisions relating to the interpretation, coming into force and short title of the Act.

Section 87 – Interpretation

325.This section sets out some key terms referred to in the Act. In particular, the definition of “Wales” is as in section 158(1) of the Government of Wales Act 2006 which defines it as including the sea adjacent to Wales out as far as the seaward boundary of the territorial sea – i.e. that it goes out to twelve nautical miles. It does not include the Welsh zone which is also defined in section 158(1).

Section 88 – Coming into force

326.Section 88 provides that Part 8 of the Act comes into force on the day that the Act receives Royal Assent. Some provisions come into force at the end of two months after the Act receives Royal Assent. These are: Part 1 (sustainable management of natural resources), Part 2 (climate change), Part 5 (fisheries for shellfish), section 83 (repeal of publication requirements), section 84 (appeals against special drainage levies), section 85 (power of entry) and section 86 (byelaws).

327.Other provisions of the Act will come into force when the Welsh Ministers bring them into force by order. These are: Part 3 (charges for carrier bags), Part 4 (collection and disposal of waste), Part 6 (marine licensing), and section 82 (flood and coastal erosion committee).