The Climate Change (Carbon Budgets) (Wales) Regulations 2018

Welsh Statutory Instruments

2018 No. 1303 (W. 257)

Climate Change, Wales

The Climate Change (Carbon Budgets) (Wales) Regulations 2018

Made

5 December 2018

Coming into force

6 December 2018

A draft of this instrument was laid before and approved by a resolution of the National Assembly for Wales in accordance with section 48(3) of the Environment (Wales) Act 2016 M1 .

Before the draft was laid the Welsh Ministers obtained and took into account the advice of the Committee on Climate Change, in accordance with section 49(1) of the Act.

The Welsh Ministers, in accordance with section 32(1)(b) of the Act, are satisfied that the carbon budgets set out herein are consistent with meeting the 2050 emissions target.

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

Accordingly, the Welsh Ministers, in exercise of the powers conferred by 31(1) of the Environment (Wales) Act 2016, make the following Regulations.

Marginal Citations

M1 2016 anaw 3.

Title and commencement W

1.—(1) The title of these Regulations is the Climate Change (Carbon Budgets) (Wales) Regulations 2018.

(2) These Regulations come into force on the day after the day on which they are made.

Carbon Budgets W

2.—(1) The carbon budget for the 2016 to 2020 budgetary period is limited to an average of 23% lower than the baseline.

(2) The carbon budget for the 2021 to 2025 budgetary period is limited to an average of [F1 37%] lower than the baseline.

Textual Amendments

F1 Word in reg. 2(2) substituted (19.3.2021) by The Climate Change (Carbon Budgets) (Wales) (Amendment) Regulations 2021 (S.I. 2021/332), regs. 1(2), 2

Lesley Griffiths

Cabinet Secretary for Energy, Planning and Rural Affairs, one of the Welsh Ministers

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for a maximum total amount for the net Welsh emissions account (a carbon budget) for the first two budgetary periods, 2016-2020 and 2021- 2025, provided for in section 31(3) of the Environment (Wales) Act 2016.

The purpose of Part 2 of the Environment (Wales) Act 2016 is to require the Welsh Ministers to meet targets for reducing net Welsh emissions of greenhouse gases from Wales. Section 29 places a duty upon the Welsh Ministers to ensure that net Welsh emissions for the year 2050 are at least 80% lower than the 1990 baseline emissions figures.

Section 31(1) provides that the Welsh Ministers set carbon budgets for each 5 year budgetary period between 2016 and 2050. Section 32(2) requires that each carbon budget set by the Welsh Ministers is set at a level consistent with meeting the 2050 Target.

Regulation 2 provides that the carbon budget for the budgetary period 2016-2020 is limited to an average of 23% lower than the baseline and that the budgetary period for 2021-2025 is limited to an average of 33% lower than the baseline.

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.