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Assembly powers tracking notes (May 2007 - March 2011)

Field 6: Environment

Schedule 5 to the Government of Wales Act 2006 could be amended to add specific 'matters' to broad subject 'fields', thereby extending the legislative competence of the Assembly and providing more policy areas in which it was possible to make Measures.

This tracking note provides an updated log of amendments, both proposed and enacted, to Field 6 of Schedule 5. This field relates to the environment.

Field 6 | NAFW

Matter

Source

6.1  Preventing, reducing, collecting, managing, treating or disposing of waste.

This matter does not include—(a) regulation of any activity in the sea;  (b) regulation of the provision of postal services by a person who holds, or is required to hold, a licence from the Postal Services Commission authorising the person to convey letters from one place to another (whether or not the licence relates to the services).

See below for further provision about what this matter does not include.

National Assembly for Wales (Legislative Competence) Environment Order 2010

Came into force: 11/02/10

6.2  Disposal of waste in the sea where the waste has been collected, managed or treated on land.

This matter does not include regulation of the following activities—(a) depositing any substance or object in the sea or on or under the seabed from any vehicle, vessel, aircraft, marine structure or floating container;  (b) depositing any explosive substance or article in the sea or on or under the seabed;  (c) incinerating any substance or object on any vehicle, vessel, marine structure or floating container.

See below for further provision about what this matter does not include.

as above

6.3  Protecting or improving the environment in relation to pollution.

This matter does not include— (a) regulating the composition and content of fuel used in— (i) a means of transport,  (ii) non-road mobile machinery, or  (iii) an agricultural or forestry tractor;  (b) obligations upon persons who supply transport fuel at or for delivery to places in the United Kingdom to produce evidence showing the supply of renewable transport fuel;  (c) making provision regarding the proportion of renewable energy consumed in transport, including the imposition of requirements relating to sustainability that determine whether any particular renewable energy is to be counted towards any renewable energy obligation or target;  (d) provision of financial support in connection with— (i) the production of renewable energy for consumption in transport, or (ii) the use of that energy in transport,  including the imposition of requirements relating to sustainability that determine whether any particular renewable energy qualifies for financial support. (e) regulation of oil and gas exploration and exploitation in those parts of the territorial sea that are not relevant territorial waters.

See below for further provision about what this matter does not include.

as above

6.4  Protecting or improving the environment in relation to nuisances.

This matter does not include—(a) imposition of criminal or civil liability in respect of energy nuisances that consist of acts, omissions and states of affairs for which there is statutory authority, except criminal or civil liability which the Welsh Ministers have power to impose;  (b) removal of relevant defences to, or relevant exclusions from, rules of law which impose civil or criminal liability in respect of energy nuisances, except those defences and exceptions which the Welsh Ministers have power to remove;  (c) regulation of the emission of smoke, artificial light or noise from military premises;  (d) regulation of gas activities, oil activities, and infrastructure that is necessary for carrying out any such activities;  (e) regulation of oil and gas exploration and exploitation in the sea;  (f) regulation of electronic communications and electronic communications networks.

See below for further provision about what this matter does not include.

as above

Not included in matters 6.1, 6.2, 6.3 and 6.4

Matters 6.1, 6.2, 6.3 and 6.4 do not include any of the following—(a) regulation concerning the control of major accident hazards involving dangerous substances (this exception is to be interpreted in accordance with Council Directive 96/82/EC and it relates only to activity within the scope of that Directive);  (b) regulation of the decommissioning of offshore energy installations and related infrastructure.

Not included in matters 6.1 and 6.2

Matters 6.1 and 6.2 do not include any of the following—(a) regulation of decommissioned explosives that are outside the scope of the Waste Directive by virtue of Article 2(1)(b)(v) of the Waste Directive and are or have been— (i) held on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or (ii) held by or for the purposes of visiting forces;  (b) regulation of radioactive material that is at military premises;  (c) regulation of the capture, conveyance or disposal of carbon dioxide as part of relevant carbon capture and storage.

Not included in matters 6.3 and 6.4

Matters 6.3 and 6.4 do not include any of the following—(a) regulation of the contained use of genetically modified organisms;  (b) regulation of the following activities in the sea— (i) depositing any substance or object in the sea or on or under the seabed from any vehicle, vessel, aircraft, marine structure or floating container, or any structure on land constructed or adapted wholly or mainly for the purpose of depositing solids in the sea;  (ii) scuttling any vessel or floating container;  (iii) constructing, altering or improving works in or over the sea or on or under the seabed;  (iv) using any vehicle, vessel, aircraft, marine structure or floating container to remove any substance or object from the seabed;  (v) dredging;  (vi) depositing or using any explosive substance or article in the sea or on or under the seabed;  (vii) incinerating any substance or object on any vehicle, vessel, marine structure or floating container;  (c) marine licensing under Part 4 of the Marine and Coastal Access Act 2009.

as above

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See also:


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The above information is compiled by the Research Service.

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