Consultation on the Environment (Wales) Bill
and Sustainability Committee is undertaking an inquiry into the
general principles of the Environment (Wales) Bill.
The terms of reference for the inquiry are:
To consider the general principles of the Environment (Wales) Bill
1. The need for
legislation in the following areas –
Planning and managing Wales’ natural resources at a national
and local level;
Providing Natural Resources Wales with a general purpose linked to
statutory ‘principles of sustainable management of natural
resources’ defined within the Bill;
Enhancing the powers available to Natural Resources Wales (NRW) to
undertake land management agreements and experimental
Providing a requirement for public authorities to maintain and
Creating a statutory framework for action on climate change
including targets for reducing emissions of greenhouse
Reforming the law on charges for carrier bags;
Providing powers to Welsh Ministers in relation to waste recycling
(including the separate collection of waste); food waste treatment
and energy recovery in business.
Making provision about several and regulated orders for fisheries
Fees for marine licences;
Establishing a Flood and Coastal Erosion Committee; and
Changes to the law on land drainage and bylaws made by
2. Any potential
barriers to the implementation of these provisions and whether the
Bill takes account of them;
3. Whether there
are any unintended consequences arising from the Bill;
4. The financial
implications of the Bill (as set out in Part 2 of the Explanatory
Memorandum (the Regulatory Impact Assessment, which estimates the
costs and benefits of implementation of the Bill);
appropriateness of the powers in the Bill for Welsh Ministers to
make subordinate legislation (as set out in Chapter 5 of Part 1 of
the Explanatory Memorandum, which contains a table summarising the
powers for Welsh Ministers to make subordinate
To expand on the terms of reference, a series of questions are
provided below. These have been designed to help those wishing to
respond to this consultation and are not intended to be
Part 1: Natural Resources Management
Do you agree with the Welsh Government’s proposals on
definitions for ‘natural resources’ and
‘sustainable management of natural resource’? Are there
things missing that you think should be included?
What are your views on the proposals for a National Natural
Resource Policy? Is the Bill clear enough about what this will
Do you agree with the proposals for area statements? What should
these cover and is the process for their development clear enough
in the Bill?
What are your views on the proposal to strengthen the biodiversity
duty on public authorities operating in Wales?
Are you content with the proposals for NRW to have wider powers to
enter into land management agreements and have broader experimental
Part 2: Climate Change
Do you agree with the proposals for the 2050 target?
For your views as to whether the interim targets should be on the
face of the Bill?
Do you believe that the introduction of carbon budgets is a more
effective approach than the 3% annual emissions reduction target
that is currently in place in Wales?
What are your views on what emissions should be included in
targets? All Welsh emissions or those within devolved
Do you agree with the Bill’s proposals as to what should
happen if the Welsh Ministers fail to meet emissions targets or
What should the role of an advisory body on climate change
Part 3: Carrier Bags
Do you agree with the proposal that Welsh Ministers should have
powers to raise a charge on all types of carrier bags not only
single use bags?
Do you agree with the proposal that Welsh Ministers should have
powers to raise different charges on different types of bags
- Do you agree that the
profits from the sale of carrier bags should be directed to all
charitable causes rather than just environmental ones?
Part 4: Collection and Disposal of Waste
For your views on whether the Welsh Ministers need further powers
to require that certain types of waste are collected, treated and
Do you agree that non-domestic premises should be required to put
their waste out for collection in line with any separation
requirements set out by the Welsh Government?
Whether you agree that the Welsh Government needs wider powers to
ban some recyclable waste from incineration?
What will the impacts of these waste proposals be for you or your
Are there other waste proposals that you think should be included
in the Bill?
Parts 5 & 6: Marine Licensing and Fisheries for
Do you agree with the proposals to introduce charges for further
aspects of the marine license process? What will the impacts of
these changes be for you?
Do you agree with the proposals to give Welsh Ministers powers to
include provisions in Several and Regulating Orders to secure
protection of the marine environment?
For your views on the proposals to give Welsh Ministers powers to
issue site protection notices where harm may have been caused by
the operation of a fisheries Order to a European marine
Are there any other marine and fisheries provisions you would like
to see included in the Bill?
Part 7: Flood and Coastal Erosion and Land Drainage
Do you agree with the proposals to replace the Flood Risk
Management Wales committee with a Flood and Coastal Erosion
Committee for Wales?
Whether you agree with the proposal for powers to be given Welsh
Government agents to enter land to investigate alleged
non-compliance with an Agricultural Land Tribunal order in relation
For your views on the relationship between this Bill and the
Well-being of Future Generations Act 2015 and the Planning (Wales)
Bill? Are the links and connections between them clear?
What are your views on the costs and benefits of implementing the
Bill? (You may want to consider the overall cost and benefits or
just those of individual sections)
You may also want to consider:
How accurate are the costs and benefits identified in the
Regulatory Impact Assessment?
Whether there are any costs or benefits you think may have been
What is the cumulative impact of the costs or benefits of the
Bill’s proposals for you/your organisation?
Do you think 10 years (2016-17 to 2025-26) is an appropriate time
period over which to analyse the costs and benefits?
The cumulative cost and/or benefit to organisations who will be
affected by the Well-being of Future Generations (Wales) Act 2015,
the Planning Bill and the Environment Bill?
Are there any other options that would achieve the intended effect
of the Bill in a more cost effective way?
Invitation to contribute to the inquiry
The Committee welcomes evidence from both individuals and
We will be holding oral evidence sessions during the summer term
2015 so it would be helpful if you could indicate in your
submission whether you would be prepared to give oral evidence, if
Generally, we ask for submissions to be made in writing because it
is normal practice for the National Assembly to publish evidence
provided to a Committee on our internet site so that it becomes
part of the public record. Please let us know if you have any
objections to our publishing your evidence. We are also able to accept
evidence in audio or video format.
As a result of the Bill covering a wide range of areas the
Committee recognises that not all individuals and/or organisations
may wish to comment on every aspect of it. The Committee encourages
all responses, including those which are limited to certain parts
of the Bill.
The Committee welcomes contributions in English or Welsh, and we
ask organisations with Welsh Language policies / schemes to provide
bilingual responses, where applicable, in line with their public
If you wish to submit evidence, please send an electronic copy of
your submission to: SeneddEnv@Assembly.Wales
Alternatively, you can write to:
Environment and Sustainability Committee
National Assembly for Wales
Cardiff Bay, CF99 1NA.
Submissions should arrive by 12 June 2015 and should preferably be
no longer than six pages of A4 including annexes, have numbered
paragraphs and in a word format. We also recommend that the first
page of any response includes a summary of the key points or
recommendations being made. It may not be possible to take into
account responses received after this date.
The Committee would like to hear your views on the Bill by asking a
range of questions on environmental issues, from climate change,
nature conservation, recycling and the five pence plastic bag
charge. Please take a few moments to complete the survey to help us
understand your views.
Disclosure of Information
You can find details about how we will use your information at
Please ensure that you have considered these details carefully
before submitting information to the Committee.