Environment (Wales) Act 2016

50 Advice about proposed regulations relating to targets and budgets

(1) When the advisory body provides the Welsh Ministers with advice about a proposal to make regulations under section 29 changing the 2050 emissions target or regulations under section 30 setting or changing an interim emissions target, the advice must include the advisory body’s opinion as to—

(a) whether the target proposed by the Welsh Ministers is the highest achievable target, and

(b) if not, what is the highest achievable target.

(2) When the advisory body provides the Welsh Ministers with advice about a proposal to make regulations under section 31 setting or changing a carbon budget for a budgetary period, the advice must include the advisory body’s opinion as to—

(a) the appropriate level of the carbon budget for the period;

(b) the extent to which the carbon budget for the period should be met—

(i) by reducing the amount of net Welsh emissions of greenhouse gases, or

(ii) by the use of carbon units that in accordance with regulations under sections 33 and 36 may be credited to the net Welsh emissions account for the period;

(c) the respective contributions towards meeting the carbon budget for the period that should be made—

(i) by the sectors of the Welsh economy covered by trading schemes (taken as a whole);

(ii) by the sectors of the Welsh economy not so covered (taken as a whole);

(d) the sectors of the Welsh economy in which there are particular opportunities for contributions to be made towards meeting the carbon budget for the period through reductions in emissions of greenhouse gases.

(3) When advising the Welsh Ministers about a proposal to make regulations changing the 2050 emissions target, or setting or changing an interim emissions target or a carbon budget, the advisory body must have regard to the matters mentioned in section 32(3).

(4) In subsection (2), “trading scheme” has the meaning given by section 44 of the Climate Change Act 2008 (c. 27).