PART 2CLIMATE CHANGE
Targets and budgets: scope and main concepts
33The net Welsh emissions account
1
The “net Welsh emissions account” for a period is the amount calculated as follows—
a
determine the amount of net Welsh emissions of greenhouse gases for the period in accordance with section 34;
b
subtract the amount of carbon units credited to the net Welsh emissions account for the period;
c
add the amount of carbon units debited from the net Welsh emissions account for the period.
2
The Welsh Ministers may by regulations make provision about—
a
the circumstances in which carbon units may be credited to the net Welsh emissions account for a period;
b
the circumstances in which carbon units must be debited from the net Welsh emissions account for a period;
c
how this is to be done.
3
The regulations must contain provision for ensuring that carbon units that are credited to the net Welsh emissions account for a period cease to be available to offset other greenhouse gas emissions.
4
The Welsh Ministers must by regulations set a limit on the net amount of carbon units by which the net Welsh emissions account for a period may be reduced as a result of applying subsection (1)(b) and (c).
5
The regulations may provide that carbon units of a description specified in the regulations do not count towards the limit.
34Net Welsh emissions
1
In this Part, the “net Welsh emissions” of a greenhouse gas for a period means the amount of Welsh emissions of that gas for the period, reduced by the amount of Welsh removals of that gas for the period.
2
“Welsh emissions” of a greenhouse gas are—
a
emissions of that gas from sources in Wales, and
b
emissions of that gas from international aviation or international shipping that count as Welsh emissions by virtue of regulations under section 35.
3
“Welsh removals” of a greenhouse gas are removals of that gas from the atmosphere due to land use in Wales, land-use change in Wales or forestry activities in Wales.
4
The amounts of Welsh emissions and Welsh removals of a greenhouse gas for a period must, so far as reasonably practicable, be determined consistently with international carbon reporting practice.
35Welsh emissions from international aviation and shipping
1
The Welsh Ministers may by regulations make provision for emissions of a greenhouse gas from international aviation and international shipping to count as Welsh emissions of the gas.
2
The regulations may—
a
specify activities which are to be regarded as international aviation or international shipping;
b
specify the circumstances in which, and the extent to which, emissions of a greenhouse gas from international aviation or international shipping are to count as Welsh emissions of that gas;
c
specify the period (whether past or future) from which emissions of a greenhouse gas from international aviation or international shipping are to count as Welsh emissions of that gas;
d
make provision about how emissions of a greenhouse gas from international aviation or international shipping are to be taken into account in determining Welsh emissions of that gas for the baseline year for that gas;
e
make different provision for different greenhouse gases and different periods.
36Carbon units
1
In this Part, a “carbon unit” means a unit of a kind specified in regulations made by the Welsh Ministers and representing—
a
a reduction in an amount of greenhouse gas emissions,
b
the removal of an amount of greenhouse gas from the atmosphere, or
c
an amount of greenhouse gas emissions allowed under a scheme or arrangement imposing a limit on such emissions.
2
The Welsh Ministers may by regulations make provision for a scheme—
a
for registering or otherwise keeping track of carbon units, or
b
for establishing and maintaining accounts in which carbon units may be held, and between which they may be transferred, by the Welsh Ministers.
3
The regulations may, in particular, provide for an existing scheme to be adapted for these purposes (including by amending any enactment relating to the existing scheme).
4
The regulations may make provision—
a
appointing a person (an “administrator”) to administer the scheme;
b
conferring or imposing functions on the administrator for that purpose (including by amending any enactment relating to the administrator);
c
conferring power on the Welsh Ministers to give guidance or directions to the administrator;
d
conferring power on the Welsh Ministers to delegate the performance of any of the functions conferred or imposed on the Welsh Ministers by the regulations;
e
requiring the payment by persons using the scheme of charges (of an amount determined by or under the regulations) towards the cost of operating it.
37Greenhouse gases
1
For the purposes of this Part, each of the following is a “greenhouse gas”—
a
carbon dioxide;
b
methane;
c
nitrous oxide;
d
hydrofluorocarbons;
e
perfluorocarbons;
f
sulphur hexafluoride;
g
nitrogen trifluoride.
2
The Welsh Ministers may by regulations amend subsection (1) to add a gas or modify a description of a gas.
38The baseline
1
In this Part, the “baseline” means the aggregate amount of net Welsh emissions of greenhouse gases for the baseline years.
2
The baseline year for each greenhouse gas is—
a
carbon dioxide: 1990;
b
methane: 1990;
c
nitrous oxide: 1990;
d
hydrofluorocarbons: 1995;
e
perfluorocarbons: 1995;
f
sulphur hexafluoride: 1995;
g
nitrogen trifluoride: 1995.
3
The Welsh Ministers may by regulations amend subsection (2) to—
a
specify the baseline year for a greenhouse gas added by regulations under section 37(2);
b
modify the baseline year for a greenhouse gas.
4
The Welsh Ministers may make provision under subsection (3)(b) only if they are satisfied that it is appropriate to do so as a result of significant developments in EU or international law or policy relating to climate change.