The Environment (Wales) Act 2016 (Amendment of 2050 Emissions Target) Regulations 2021

Welsh Statutory Instruments

2021 No. 333 (W. 88)

Climate Change, Wales

The Environment (Wales) Act 2016 (Amendment of 2050 Emissions Target) Regulations 2021

Made

17 March 2021

Coming into force

19 March 2021

In accordance with section 48(3) of the Environment (Wales) Act 2016(1) (“the Act”), a draft of this instrument was laid before and approved by a resolution of Senedd Cymru(2).

Before the draft was laid the Welsh Ministers—

(a) had regard to the matters listed in section 32(3) of the Act, and

(b) obtained and took into account the advice of the Committee on Climate Change(3), in accordance with section 49(1) of the Act.

The Committee on Climate Change has recommended that the 2050 emissions target be changed.

Accordingly, the Welsh Ministers, in exercise of the powers conferred by section 29(3) of the Act, and in accordance with section 32(2)(b) of the Act, make the following Regulations.

Title and commencement

1.—(1) The title of these Regulations is the Environment (Wales) Act 2016 (Amendment of 2050 Emissions Target) Regulations 2021.

(2) These Regulations come into force on 19 March 2021.

Amendment of 2050 emissions target

2.  In section 29(1) of the Environment (Wales) Act 2016, for “80%” substitute “100%”.

Lesley Griffiths

Minister for Environment, Energy and Rural Affairs, one of the Welsh Ministers

17 March 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

The purpose of Part 2 of the Environment (Wales) Act 2016 (“the Act”) is to require the Welsh Ministers to meet targets for reducing emissions of greenhouse gases from Wales. Section 29 requires that the Welsh Ministers ensure that the net Welsh emissions account for the year 2050 is at a specified percentage lower than the baseline.

These Regulations amend section 29 of the Act by altering the percentage amount in subsection (1). Section 29(1) imposes a duty on the Welsh Ministers as to the level of the “net Welsh emissions account” (the amount of Welsh emissions of greenhouse gases for a period adjusted by the amount of Welsh removals of those gases for that period) for the year 2050. The duty is to ensure that the net Welsh emissions account is lower than the “the baseline” (the baseline of net Welsh emissions of greenhouse gases against which the percentage amount in section 29(1) is applied) by a minimum percentage amount.

The amendment in these Regulations has the effect that the minimum percentage by which the net Welsh emissions account for the year 2050 must be lower than the baseline is increased from 80% to 100%.

In accordance with section 32 of the Act, the Welsh Ministers in drafting these Regulations have had regard to the factors listed in section 32(3).

In accordance with section 49 of the Act, the Welsh Ministers have obtained and taken into account the advice of the advisory body before laying draft regulations.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

(1)

2016 anaw 3.

(2)

The reference in the Environment (Wales) Act 2016 to the National Assembly for Wales now has effect as a reference to Senedd Cymru, by virtue of section 150A(2) of the Government of Wales Act 2006 (c. 32).

(3)

The Committee on Climate Change is the relevant advisory body to the Welsh Ministers by virtue of section 44(3) of the Environment (Wales) Act 2016.