The Environment Act 2021 (Commencement No. 1 and Saving Provision) (Wales) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force specified provisions of the Environment Act 2021 (c. 30) (“the Act”). These are the first commencement regulations made by the Welsh Ministers under the Act.

Regulation 2 brings into force on 7 March 2022 specified sections of the Act. Section 50 and Schedule 4 are commenced so far as they relate to Wales and provide for the Welsh Ministers to make regulations about producer responsibility obligations and the enforcement of those regulations. Section 60 is commenced so far as relating to Wales and amends the Environmental Protection Act 1990 (c. 43) to include powers to make regulations on hazardous waste and makes minor amendments to the Environment Act 1995 (c. 25) relating to hazardous waste. Section 64 amends the Environment Act 1995 in so far as it applies to the Natural Resources Body for Wales to supplement existing charging powers.

Regulation 3 contains a saving provision for the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (S.I. 2007/871), which were principally made under sections 93 to 95 of the Environment Act 1995, which are repealed by section 50(6) of the Act. It provides for the Regulations to remain in force in relation to Wales despite the repeal of their enabling power, and to have effect as if made under Schedules 4 and 6 to the Act.