The Environment (Wales) Act 2016 (anaw 3) ( cy, Deddf yr Amgylchedd (Cymru) 2016) is an Act of the
National Assembly for Wales
The Senedd (; ), officially known as the Welsh Parliament in English language, English and () in Welsh language, Welsh, is the Devolution in the United Kingdom, devolved, unicameral legislature of Wales. A democratically elected body, it makes ...
that was given
royal assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
on 21 March 2016.
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.
Parts
The Act has seven main parts:
*Part 1: Sustainable management of natural resources
*Part 2:
Climate change
In common usage, climate change describes global warming—the ongoing increase in global average temperature—and its effects on Earth's climate system. Climate change in a broader sense also includes previous long-term changes to E ...
*Part 3: Charges for carrier bags
*Part 4: Collection and disposal of waste
*Part 5: Fisheries for shellfish
*Part 6: Marine licensing
*Part 7: Flood &
coastal erosion
Coastal erosion is the loss or displacement of land, or the long-term removal of sediment and rocks along the coastline due to the action of waves, currents, tides, wind-driven water, waterborne ice, or other impacts of storms. The landward ...
committee
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
Natural capital is the world's stock of natural resources, which includes geology, soils, air, water and all living organisms. Some natural capital assets provide people with free goods and services, often called ecosystem services. All of t ...
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.
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
Biodiversity or biological diversity is the variety and variability of life on Earth. Biodiversity is a measure of variation at the genetic ('' genetic variability''), species (''species diversity''), and ecosystem ('' ecosystem diversity'') ...
outlined in Section 40 of the
Natural Environment and Rural Communities Act 2006
The Natural Environment and Rural Communities Act 2006 (c 16), 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 d ...
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.
Section 7 requires
Welsh Ministers
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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.
Part 2 Climate change
This part of the Act places an obligation on Welsh Ministers to reduce
greenhouse gas emissions
Greenhouse gas emissions from human activities strengthen the greenhouse effect, contributing to climate change. Most is carbon dioxide from burning fossil fuels: coal, oil, and natural gas. The largest emitters include coal in China and lar ...
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).
Part 3 Carrier bags
Part 3 of the Act empowers ministers to draw up regulations requiring certain sellers of goods to charge for
carrier bag
Plastic shopping bags, carrier bags, or plastic grocery bags are a type of plastic bag used as shopping bags and made from various kinds of plastic. In use by consumers worldwide since the 1960s, these bags are sometimes called single-use bags, ...
s, and places an obligation on those regulations to ensure that the proceeds are directed towards
charitable purposes, as defined by the
Charities Act 2011
The Charities Act 2011c 25 is a UK Act of Parliament. It consolidated the bulk of the Charities Act 2006, outstanding provisions of the Charities Act 1993, and various other enactments.
Repeals
Legislation repealed in its entirety by the 2011 A ...
.
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.
Parts 5 and 6
Parts 5 of the Act relate to fisheries (particularly
shellfish
Shellfish is a colloquial and fisheries term for exoskeleton-bearing aquatic invertebrates used as food, including various species of molluscs, crustaceans, and echinoderms. Although most kinds of shellfish are harvested from saltwater envir ...
) 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.
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
Natural Resources Wales ( cy, Cyfoeth Naturiol Cymru) 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 Count ...
.
See also
*
List of Acts and Measures of the National Assembly for Wales
This is list of Acts of Senedd Cymru (referred to as Acts of the National Assembly for Wales if passed before 6 May 2020) and Measures of the National Assembly for Wales, passed by (the Welsh Parliament; or simply the Senedd) from its establish ...
*
Wildlife and Natural Environment (Scotland) Act 2011
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 environme ...
References
{{reflist
External links
The Environment (Wales) Act, Part 1: Interim GuidanceGuidance for Public Authorities on Implementing the Biodiversity Duty
2016 in the environment
Acts of the National Assembly for Wales
Conservation in Wales
Conservation in the United Kingdom
Environmental law in the United Kingdom