Environment (Principles, Governance and Biodiversity Targets) (Wales) Bill: Bill Summary

Section 1

Section 1 of the Bill establishes the “environmental objective”. It is defined as the attainment of a high level of environmental protection and an improvement of the environment, with a view, in particular to:

- meeting the needs of the present without compromising the ability of future generations to meet their own needs and contributing to achieving the well-being goals in section 4 of the Well-being of Future Generations (Wales) Act 2015;

- maintaining and enhancing the resilience of ecosystems and the benefits they provide;

- mitigating and adapting to climate change; and

- contributing to halting and reversing the decline in biodiversity.

Section 2

Section 2 establishes four environmental principles:

- the precautionary principle so far as relating to the environment;

- the principle that preventative action should be taken to avoid environmental damage;

- the principle that environmental damage should as a priority be rectified at source; and

- the polluter pays principle.

Section 3

Section 3 places a duty on the Welsh Ministers to contribute to the environmental objective by:

- having special regard to the environmental principles when making policy in relation to Wales that has, or could have, any effect on the environment; and

- integrating environmental protection into the making of such policy.

Section 4

Section 4 amends the legislation which established NRW to impose a duty on it to have special regard to the environmental principles when making policy in relation to Wales, and to integrate environmental protection into the making of such policy.

Section 5

Section 5 places a duty on public authorities in Wales to contribute to the environmental objective by:

- having regard to the environmental principles when assessing plans and programmes relating to Wales under the Environmental Assessment of Plans and Programmes (Wales) Regulations 2004; and

- integrating environmental protection when carrying out those functions.

This section also provides a definition of “public authority” for the purposes of sections 5 and 6 of the Bill.

Section 6

Section 6 requires the Welsh Ministers to prepare and publish an “environmental principles and integrating environmental protection statement” and sets out what the statement must contain, including: an explanation of how the environmental principles relate to each other, and guidance to public authorities about how to comply with their duties under the Bill. 

Section 7

Section 7 sets out the procedural and consultation requirements in connection with the preparation and publication of the statement required under section 6.

Section 8

Section 8 establishes the Office of Environmental Governance Wales (the “OEGW”) as a body corporate.

Section 9

Section 9 provides that the OEGW must exercise its functions for the general purpose of contributing to the environmental objective in an impartial, objective, proportionate and transparent manner.

Section 10

Section 10 requires the OEGW to prepare and publish a strategy setting out how it intends to exercise its functions.  It also introduces Schedule 2 which makes further provision about the required contents of the strategy.

Section 11

Section 11 requires the OEGW to monitor public authorities’ compliance with environmental law (as defined in section 29) and the implementation and application of environmental law.  It also confers a discretion on the OEGW to report on any matter it’s required to monitor, or any other matter concerned with the making of environmental law or its effectiveness.

Section 12

Section 12 provides that the OEGW may give advice to Welsh Ministers relating to new proposals for environmental legislation, or changes to existing legislation.  The OEGW has discretion as to whether it provides advice requested by Welsh Ministers, but must explain in a statement if it chooses to refuse.

Section 13

Section 13 provides that the OEGW may issue or give guidance on any matter relating to environmental law.  If the guidance is provided to a public authority and contains recommendations, the OEGW may require the authority to respond to such recommendation.

Section 14

Section 14 empowers the OEGW to serve information notices on public authorities requiring them to provide it with information reasonably required for the purposes of exercising its functions.  Public authorities have at least two months to provide the requested information.

Section 15

Section 15 empowers the OEGW to investigate (on its own initiative, or in response to any representation made to it by any person) any matter relating to:

- whether a public authority is failing or has at any time failed to comply with environmental law (including breaches existing before the Bill becomes law);

- how environmental law is implemented and applied; or

- the effectiveness of environmental law.

Section 16

Section 16 empowers the OEGW to serve ‘compliance notices’ on public authorities if it considers that they are failing to comply with environmental law, or have failed to comply with an information notice. Amongst other things, a compliance notice must set out the actions required to address the alleged failures, and a timescale of at least 30 days from service of the notice for compliance.  The public authority has a right to request a review of any compliance notice before the deadline for compliance (see section 18).

Section 17

Section 17 empowers the OEGW to serve ‘urgent compliance notices’ on public authorities where it considers that steps need to be taken urgently to prevent or mitigate an imminent risk of serious damage to the environment or to human health. Urgent compliance notices may specify a period of at least 7 days, but less than 30 days for compliance.

Section 18

Section 18 requires the OEGW’s review committee to review a compliance notice if requested to do so by a public authority in writing.  Trivial defects may be disregarded and the committee must either confirm, withdraw or vary a compliance notice after review.  A review has the effect of freezing the time limit for compliance by a public authority. 

Section 19

Section 19 empowers the OEGW to apply to the High Court for an order requiring a public authority to take an action specified in a compliance notice if it considers that a public authority has failed to take the specified action within the specified period.  The Court may order the public authority to take the specified action, to take such appropriate action as varied by the Court or it may ultimately withdraw any part of a notice it considers unreasonable.

Section 20

Section 20 empowers the OEGW to publish an ‘improvement report’ if it considers that a public authority is failing or has at any time failed to comply with environmental law, or failed to implement or apply environmental law effectively.  It may also publish an improvement report if it considers that the Welsh Ministers or other public authority has failed to make effective environmental law.

Section 21

Section 21 sets out the specific details required in an improvement report. These include details of the alleged failures, the impact of the alleged failures and recommendations for the Welsh Ministers to take in response to such failures with associated timescales.

Section 22

Section 22 requires the Welsh Ministers to respond to an improvement report by publishing an ‘improvement plan’ within six months in normal circumstances, or within nine months if a consultation is required.  An improvement plan must set out what the Welsh Ministers propose to do in response to the recommendations with associated timescales, or an explanation if the Welsh Ministers do not intend to implement the recommendations.

Section 23

Section 23 imposes duties on public authorities to co-operate with the OEGW.  This includes giving the OEGW reasonable assistance in connection with the exercise of its functions, and to take reasonable efforts to swiftly resolve alleged failures identified by the OEGW.

Section 24

Section 24 provides, amongst other things, that a public authority is not required to provide the OEGW with any information that it would be entitled to withhold in connection with legal proceedings or under data protection laws.   

Section 25

Section 25 imposes confidentiality obligations on the OEGW in connection with information and correspondence disclosed to it, or produced by it, subject to certain exceptions.

Section 26

Section 26 imposes confidentiality obligations on public authorities in connection with correspondence relating to information notices, compliance notices or improvement reports, subject to certain exceptions.

Section 27

Section 27 stipulates that certain information held by the OEGW or a public authority under the Bill constitutes ‘environmental information’ for the purposes of the Environmental Information Regulations 2004. This designation has the effect of allowing a public authority to potentially refuse disclosure under those regulations if it would compromise the confidentiality of an OEGW investigation.

Section 28

Section 28 introduces Schedule 3 which makes provision in connection with staff transfer schemes from the Welsh Government to the OEGW.

Section 29

Section 29 defines ‘environmental law’ for the purposes of Part 2 of the Bill. It is defined by reference to devolved provision, which essentially means legislation wholly or mainly relating to environmental protection that has, or could be made, by the Senedd.

Section 30

Section 30 defines ‘public authority’ for the purposes of Part 2 of the Bill.

Section 31

Section 31 clarifies that references to the “effectiveness of environmental law” in Part 2 of the Bill are references to its effectiveness in contributing to environmental protection.

Section 32

Section 32 clarifies that references to “failing to comply with environmental law” in Part 2 of the Bill are references to the relevant public authority exercising its functions in a way that is contrary to environmental law, or failing to exercise its functions where the failure is contrary to environmental law.

Section 33

Section 33 amends Part 1 of the Environment (Wales) Act 2016 to insert seven new sections which collectively introduce a biodiversity target setting framework.

Section 34

Section 34 amends section 6 of the Environment (Wales) Act 2016 to add provision compelling a public authority designated under new section 6F to take action to contribute to meeting a target in relation to which it has been designated.

Section 35

Section 35 amends section 6 of the Environment (Wales) Act 2016 to require the Welsh Ministers to specify in a plan what action they propose to take to ensure that the biodiversity targets are met, when they propose to take that action and how the targets, if met, will contribute to halting and reversing the decline in biodiversity.

Section 36

Section 36 amends section 6 of the Environment (Wales) Act 2016 to require a public authority to explain in a report what it has done to contribute to meeting the biodiversity target to which it has been designated (where applicable).  In the Welsh Ministers’ section 6 report, a new provision is added requiring them to report on progress being made towards meeting the biodiversity targets set, and whether they are likely to be met.

Section 37

Section 37 amends the Environment (Wales) Act 2016 to add new section 6A requiring the Welsh Ministers to publish an ‘evaluation report’ before the end of 2031 and every three years thereafter.  The evaluation report must outline the Welsh Ministers’ assessment of the impact and effectiveness of the proposals set out in their plans to maintain and enhance biodiversity under section 6 of the 2016 Act.

Section 38

Section 38 amends the Environment (Wales) Act 2016 to confer a duty on Welsh Ministers to take steps to promote awareness in Wales of the importance of biodiversity and the threats to biodiversity.

Section 39

Section 39 empowers the Welsh Ministers to make such supplementary, incidental or consequential provision as necessary to give full effect to any provision of the Bill.

Section 40

Section 40 makes general provision about regulations made under the Bill, setting out the applicable Senedd regulation-making procedure

Section 41

Section 41 makes provision in connection with documents, notices and directions required to be provided under the Bill including how such items may be delivered, and when they are deemed served.

Section 42

Section 42 is an interpretation provision which defines certain words and terms used in the Bill.

Section 43

Section 43 introduces Schedule 4 which makes consequential amendments to certain statutes in connection with the establishment of the OEGW.

Section 44

Section 44 sets out when each provision of the Bill comes into force.

Section 45

Section 45 provides the short title which is the “Environment (Principles, Governance and Biodiversity Targets) (Wales) Act 2025” or “Deddf yr Amgylchedd (Egwyddorion, Llywodraethiant a Thargedau Bioamrywiaeth) (Cymru) 2026”