Environment (Wales) Act 2016

Last updated

Environment (Wales) Act 2016
Act of the National Assembly for Wales
Royal Badge of Wales (2008).svg
Long title An Act of the National Assembly for Wales to promote sustainable management of natural resources; to provide for targets for reducing emissions of greenhouse gases; to reform the law on charges for carrier bags; to provide for the separate collection of waste, prohibit disposal of food waste to sewers and provide for prohibiting or regulating disposal of waste by incineration; to make provision about several and regulated fisheries for shellfish; to make provision about fees for marine licences; to establish the Flood and Coastal Erosion Committee; and to make minor changes to the law about land drainage and byelaws made by the Natural Resources Body for Wales.
Citation 2016 anaw 3
Introduced by Carl Sargeant
Territorial extent Wales
Dates
Royal assent 21 March 2016
Commencement 21 March 2016
Other legislation
Relates to Government of Wales Act 2006
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted

The Environment (Wales) Act 2016 (anaw 3) (Welsh : Deddf yr Amgylchedd (Cymru) 2016) is an Act of the National Assembly for Wales that was given royal assent on 21 March 2016. [1] It put into place the necessary legislation to enable the planning and management of the natural resources of Wales in a more sustainable, pro-active and joined-up way than was previously possible. [2]

Contents

Parts

The Act has seven main parts: [3]

Part 1 Sustainable management of natural resources

Part 1 of the Act lays out the approach to be taken by Wales in planning for and managing its natural capital assets and its resources at both a national and a local level in line with the statutory 'principles of sustainable management of natural resources', as defined within the Act. [4]

Section 6 of this Part puts a duty onto public bodies and local authorities to 'maintain and enhance biodiversity' in a manner consistent with the exercising of their normal roles and functions. Whilst doing this, public authorities are also obliged to 'promote the resilience of ecosystems'. This legal duty supersedes the biodiversity duty outlined in Section 40 of the Natural Environment and Rural Communities Act 2006 which was relevant to both England and Wales. However, the obligation still applies to those public authorities in Wales to which the NERC Act duty applied. It also requires those bodies to have regard to the lists of habitats and species of 'principal importance' published as a result of Section 7 of the Environment (Wales) Act. Each public body must report at least every three years on how it is complying with the biodiversity duty. [4] [5] [6]

Section 7 requires Welsh Ministers to publish and maintain lists of species and habitats in Wales that are regarded as of 'principal importance' for the purpose of maintaining and enhancing it biodiversity. This part of the Act replaces the duty outlined in Section 42 of the NERC Act 2006. [4] [7]

Part 2 Climate change

This part of the Act places an obligation on Welsh Ministers to reduce greenhouse gas emissions from Wales such that in the year 2050 they are at least 80% lower than baseline figures for 1990 or 1995 (dependent upon which greenhouse gas is being measured). [8]

Part 3 Carrier bags

Part 3 of the Act empowers ministers to draw up regulations requiring certain sellers of goods to charge for carrier bags, and places an obligation on those regulations to ensure that the proceeds are directed towards charitable purposes, as defined by the Charities Act 2011. [9]

Part 4 Collection and disposal of waste

Part 4 of the Act relates to issues surrounding the prohibition of discharge of food waste into public sewers, or by incineration, general waste collection, and a code of practice relating to this part of the Act. [10]

Parts 5 and 6

Parts 5 of the Act relate to fisheries (particularly shellfish) and to protection of the marine environment. It creates powers for ministers to serve or revoke protection notices in European marine sites as defined in the Conservation of Habitats and Species Regulations 2010, whilst Part 6 relates to marine licensing. [11] [12]

Part 7 Miscellaneous

The final part of the Environment (Wales) Act 2016 relates to various issues, including the establishment and powers of the Flood and Coastal Erosion Committee for Wales, matters relating to land drainage, and to minor amendments of prior legislation relating to Natural Resources Wales. [13]

See also

Related Research Articles

<span class="mw-page-title-main">Environmental law</span> Branch of law concerning the natural environment

Environmental laws are laws that protect the environment. Environmental law is the collection of laws, regulations, agreements and common law that governs how humans interact with their environment. This includes environmental regulations; laws governing management of natural resources, such as forests, minerals, or fisheries; and related topics such as environmental impact assessments. Environmental law is seen as the body of laws concerned with the protection of living things from the harm that human activity may immediately or eventually cause to them or their species, either directly or to the media and the habits on which they depend.

<span class="mw-page-title-main">Conservation in the United Kingdom</span> Overview of the structure of environmental and cultural conservation in the UK

This page gives an overview of the complex structure of environmental and cultural conservation in the United Kingdom.

<span class="mw-page-title-main">Area of Outstanding Natural Beauty</span> Designated area of countryside in England, Wales, and Northern Ireland

An Area of Outstanding Natural Beauty is one of 46 areas of countryside in England, Wales, or Northern Ireland that has been designated for conservation due to its significant landscape value. Since 2023, the areas in England and Wales have also adopted the name National Landscapes.

<span class="mw-page-title-main">Areas of Outstanding Natural Beauty in Wales</span> Designated area of countryside in Wales

There are five Areas of Outstanding Natural Beauty (AONBs) in Wales, known from November 2023 as National Landscapes. AONBs are areas of countryside that have been designated for statutory protection, due to their significant landscape value, by initially the Government of the United Kingdom and later Welsh devolved bodies. Of the current five areas designated, four are wholly in Wales, with another spanning the Wales-England border, and in total AONBs account for 4% of Wales' land area.

<span class="mw-page-title-main">Wildlife and Countryside Act 1981</span> United Kingdom legislation

The Wildlife and Countryside Act 1981 is an Act of Parliament in the United Kingdom implemented to comply with European Council Directive 79/409/EEC on the conservation of wild birds. In short, the act gives protection to native species, controls the release of non-native species, enhances the protection of Sites of Special Scientific Interest and builds upon the rights of way rules in the National Parks and Access to the Countryside Act 1949. The Act is split into 4 parts covering 74 sections; it also includes 17 schedules.

Local government in Wales is primarily undertaken by the twenty-two principal councils. The councils are unitary authorities, meaning they are responsible for providing local government services within their principal area, including education, social work, environmental protection, and most highway maintenance. The principal areas are divided into communities, most of which have an elected community council. The services provided by community councils vary, but they will typically maintain public spaces and facilities. Local councils in Wales are elected; the most recent local elections in Wales took place in 2022, and the next are due to take place in 2027.

The Environment Agency (EA) is a non-departmental public body, established in 1996 and sponsored by the United Kingdom government's Department for Environment, Food and Rural Affairs, with responsibilities relating to the protection and enhancement of the environment in England.

<span class="mw-page-title-main">National parks of Wales</span> Area of landscape in Wales

The national parks of Wales are managed areas of outstanding landscape in Wales, United Kingdom where some forms of development are restricted to preserve the landscape and natural environment. Together, they cover 20% of the land surface of Wales and have a resident population of over 80,000 people. Each National Park Authority is a free-standing body within the local government framework.

A Welsh Government sponsored body (WGSB) is a non-departmental public body directly funded by the Welsh Government. Under the Government of Wales Act 1998 the bodies were sponsored by the National Assembly for Wales and were known as an Assembly sponsored public body, and this was changed by the Schedule 3 of the Wales Act 2017 which amended the Government of Wales Act 2006.

<span class="mw-page-title-main">Water supply and sanitation in England and Wales</span>

Public water supply and sanitation in England and Wales has been characterised by universal access and generally good service quality. In both England and Wales, water companies became privatised in 1989, although Dwr Cymru operates as a not-for-profit organisation. Whilst independent assessments place the cost of water provision in Wales and England as higher than most major countries in the EU between 1989 and 2005, the government body responsible for water regulation, together with the water companies, have claimed improvements in service quality during that period.

<span class="mw-page-title-main">Act of Senedd Cymru</span> Primary legislation enacted by the Senedd

An Act of Senedd Cymru, or informally an Act of the Senedd, is primary legislation that can be made by the Senedd under part 4 of the Government of Wales Act 2006. Prior to 6 May 2020 any legislation was formally known as an Act of the National Assembly for Wales or informally, an Act of the Assembly.

<span class="mw-page-title-main">Natural Environment and Rural Communities Act 2006</span> United Kingdom legislation

The Natural Environment and Rural Communities Act 2006, also referred to as the NERC Act (2006), is an Act of the Parliament of the United Kingdom. In a reorganisation of public bodies involved in rural policy and delivery, the measures dissolved English Nature, the Countryside Agency and the Rural Development Service, and established Natural England.

<span class="mw-page-title-main">Biodiversity of Wales</span> Variety of life in Wales

The biodiversity of Wales is the wide variety of ecosystems, living organisms, and the genetic makeups found in Wales.

<span class="mw-page-title-main">Natural Resources Wales</span> Welsh Government sponsored body

Natural Resources Wales is a Welsh Government sponsored body, which became operational from 1 April 2013, when it took over the management of the natural resources of Wales. It was formed from a merger of the Countryside Council for Wales, Environment Agency Wales, and the Forestry Commission Wales, and also assumed some other roles formerly performed by the Welsh Government.

<span class="mw-page-title-main">King Charles III England Coast Path</span> Hiking trail on the England Coast

The King Charles III England Coast Path (KCIIIECP), originally and still commonly known as the England Coast Path, is a long-distance National Trail that will follow the coastline of England. When complete, it will be 2,674 miles (4,303 km) long.

<span class="mw-page-title-main">Wildlife and Natural Environment (Scotland) Act 2011</span> United Kingdom legislation

The Wildlife and Natural Environment (Scotland) Act 2011 or WANE Act is an Act of the Scottish Parliament which introduced legislation to that country, affecting the way land and the environment is managed. The Act also amended earlier environmental legislation, including the Wildlife and Countryside Act 1981 and the Deer (Scotland) Act 1996.

<span class="mw-page-title-main">Well-being of Future Generations (Wales) Act 2015</span> United Kingdom legislation

The Well-being of Future Generations (Wales) Act 2015 is an Act of the National Assembly for Wales that was given royal assent on 29 April 2015; it came into force in April 2016. It set out seven well-being goals: i) a prosperous Wales, ii) a resilient Wales, iii) a healthier Wales, iv) a more equal Wales, v) a Wales of cohesive communities, vi) a Wales of vibrant culture and thriving Welsh language and vii) a globally responsible Wales. A 'sustainable development principle' comprising five aspects is intended to assist in the delivery of the Act's goals and actions; i) long-term thinking, ii) prevention, iii) integration, iv) collaboration and v) involvement.

<span class="mw-page-title-main">Cabinet Secretary for Climate Change</span> Welsh Government cabinet minister

The Cabinet Secretary for Climate Change is a member of the Cabinet in the Welsh Government. The current officeholder is Huw Irranca-Davies since March 2024.

References

  1. "National Assembly for Wales". The Gazette Official Public Record. 1 April 2016. Retrieved 19 February 2017.
  2. "Environment (Wales) Act 2016". gov.wales. Welsh Government. 22 March 2016. Archived from the original on 3 July 2017. Retrieved 19 February 2017.
  3. "Environment (Wales) Act 2016". legislation.gov.uk. The National Archives. Retrieved 19 February 2017.
  4. 1 2 3 "Environment (Wales) Act". www.biodiversitywales.org.uk. Wales Biodiversity Partnership. Retrieved 19 February 2017.
  5. "Biodiversity and resilience of ecosystems duty". www.legislation.gov.uk. The National Archives. Retrieved 19 February 2017.
  6. "Environment (Wales) Act 2016 Factsheet: Biodiversity and Resilience of Ecosystems Duty" (PDF). gov.wales. Welsh Government. 2016. Retrieved 19 February 2017.
  7. "Biodiversity lists and duty to take steps to maintain and enhance biodiversity". www.legislation.gov.uk. The National Archives. Retrieved 19 February 2017.
  8. "PART 2: Climate Change". www.legislation.gov.uk. The National Archives. Retrieved 19 February 2017.
  9. "PART 3: Charges for Carrier Bags". www.legislation.gov.uk. The National Archives. Retrieved 19 February 2017.
  10. "PART 4: Collection and Disposal of Waste". www.legislation.gov.uk. The National Archives. Retrieved 19 February 2017.
  11. "PART 5: Fisheries for Shellfish". www.legislation.gov.uk. The National Archives. Retrieved 19 February 2017.
  12. "PART 6: Marine Licensing". www.legislation.gov.uk. The National Archives. Retrieved 19 February 2017.
  13. "PART 7: Miscellaneous". www.legislation.gov.uk. The National Archives. Retrieved 19 February 2017.