Welsh Statutory Instruments
ENVIRONMENTAL PROTECTION, WALES
Made
3 February 2012
Laid before the National Assembly for Wales
7 February 2012
Coming into force
6 April 2012
The Welsh Ministers make these Regulations in exercise of the powers conferred by sections 78C(8), (9) and (10), 78G(5) and (6) and 78L(4) and (5) of the Environmental Protection Act 1990(1) and now vested in them(2).
Before making these Regulations, the Welsh Ministers have consulted the Administrative Justice and Tribunals Council, and that Council has consulted the Welsh Committee and the Scottish Committee, in accordance with section 44 of, and paragraph 24 of Schedule 7 to, the Tribunals, Courts and Enforcement Act 2007(3).
1990 c. 43. Sections 78C, 78G and 78L were inserted by section 57 of the Environment Act 1995 (c. 25). Section 78C(10) is prospectively amended by section 86 of the Water Act 2003 (c. 37). Section 78L(4) was amended by section 104 of, and Part 10 of Schedule 5 to, the Clean Neighbourhoods and Environment Act 2005 (c. 16). See the definition of “prescribed” and “regulations” in section 78A(9).
The functions of the Secretary of State under sections 78C, 78G and 78L of the Environmental Protection Act 1990, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by virtue of article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). By virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32) those functions were subsequently transferred to the Welsh Ministers.
2007 c. 15. The “Welsh Committee” and the “Scottish Committee” are defined in paragraph 28(1) of Schedule 7 to that Act.