Environment (Wales) Act 2016

[F1 6H Revoking or lowering targets E+W

(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.]

Textual Amendments

F1 Ss. 6B-6I and cross-heading inserted (27.6.2026) by Environment (Principles, Governance and Biodiversity Targets) (Wales) Act 2026 (asc 4), ss. 35(1), 46(2)(f)