Local air quality management
86.Under Part 4 of the 1995 Act, local authorities in Wales are responsible for managing air quality at local level, through the Local Air Quality Management process (LAQM). The LAQM process requires local authorities to periodically review and assess air quality in their area, and to designate air quality management areas and produce action plans for those areas where air quality is found to be at risk of exceeding pollutant standards and objectives.
87.Section 82 of the 1995 Act makes provision for every local authority in Wales to conduct a review of the quality, and the likely future quality within the relevant period, of air within the authority's area. Where a local authority carries out such a review, it must also make an assessment of whether air quality standards and objectives are being achieved or are likely to be achieved within the relevant period within the authority's area.
88.Following an air quality review, if it appears that any air quality standards or objectives are not being achieved or are not likely to be achieved within the period prescribed in regulations, the local authority must designate any part of its area in which those standards are not being achieved, as an air quality management area or “designated area”.
Section 16 - Local authority air quality reviews
89.Section 16 inserts a new subsection (1A) into section 82 of the 1995 Act. The effect of this new subsection is to require every local authority in Wales to conduct an air quality review every calendar year, rather than from time to time.
Section 17 - Action plans in relation to air quality management areas
90.Section 17 inserts a new section 83B into the 1995 Act. This section applies in relation to local authorities in Wales, and in part re-enacts section 84 of the 1995 Act (duties of Scottish and Welsh local authorities in relation to designated areas) which is disapplied in relation to Welsh local authorities by section 17(2) of the Act.
91.New section 83B(2) requires a local authority to prepare an action plan in relation to a designated area and send a copy to the Welsh Ministers for approval. Section 83B(8) provides that the plan does not take effect unless it is approved by the Welsh Ministers.
92.Section 83B(3) requires an action plan to set out how the local authority will exercise its functions to secure that air quality standards and objectives are achieved in the area covered by the plan, and to specify, in relation to each standard and objective, a date by which the local authority will aim to achieve that standard or objective.
93.Section 83B(4) provides that an action plan must also set out how the local authority intends to exercise its functions to secure that air quality standards and objectives are maintained once they have been achieved in the area to which the plan relates. Section 83B(5) provides that an action plan must specify the particular measures to be taken to secure the achievement, and maintenance, of air quality standards and objectives in the area covered by the plan, and specify a date by which each measure will be carried out.
94.Section 83B(6) provides that a local authority may prepare revisions to an action plan at any time. However, the authority must revise an action plan if it considers that further or different measures need to be taken in order to achieve the air quality standards and objectives identified in the plan by the date set under section 83B(3)(b) and in order to maintain those standards and objectives in the area covered by the plan.
95.If an action plan is revised, section 83B(7) provides that the local authority must send copies of the revisions to the Welsh Ministers for approval. Under section 83B(8), the revision to the plan does not take effect unless it is approved by the Welsh Ministers.
Section 18 - Welsh Ministers’ powers of direction
96.Section 18 amends section 85 of the 1995 Act. Section 85(3) sets out the circumstances in which the Welsh Ministers may give a direction to a local authority to take the steps contained in the direction.
97.Section 18 inserts new paragraphs (e) and (f) into section 85(3). New section 85(3)(e) means that if a local authority in Wales has failed to carry out a measure specified in an action plan by the date specified in the plan in relation to that measure, the Welsh Ministers can direct the local authority to take specified steps. New section 85(3)(f) means that if an air quality standard or objective has not been achieved, within a designated area in Wales, by the date specified in the action plan as the date by which the standard or objective is expected to be achieved, the Welsh Ministers can, again, direct the relevant local authority to take specified steps.
