38.Subsection (1) requires the Welsh Ministers to consult the Environment Agency, local authorities, and such other persons as they consider appropriate before making orders or regulations under section 3 or regulations under sections 4, 5 or 6, or before providing any guidance under section 7.
39.Subsection (2) provides that if the Welsh Ministers have carried out any consultation for the purposes of subsection (1) prior to the Measure being passed, it has effect as if it were undertaken after the Measure was passed. In other words, it satisfies the requirement in subsection (1).