‘Landmark’ Welsh Legislation: The Environment (Principles, Governance and Biodiversity Targets) (Wales) Bill passed by Senedd Cymru

On 24 February, the Environment (Principles, Governance and Biodiversity Targets) (Wales) Bill (the “Bill”) was passed in the Senedd Cymru, marking a significant step for environmental protection legislation in Wales.

The Bill, described by the Welsh government as a “landmark” piece of legislation, aims to close gaps in environmental governance in Wales and to put nature at the forefront of decision-making following Brexit. The Bill (i) establishes a new framework for environmental protection in Wales; (ii) provides for the creation of a new independent watchdog, the Office of Environmental Governance Wales; and (iii) sets duties for Welsh Ministers to set biodiversity targets and promote awareness of threats to and the importance of biodiversity. 

We have considered each of the key policies below.

New framework for environmental protection

Part 1 of the Bill establishes a new framework for environmental protection via the introduction of a statutory environmental objective (intended to ensure a high level of environmental protection whilst improving environmental quality and contributing to sustainable development) and several environmental principles. 

Welsh Ministers will be obliged to take the environmental objective and principles into consideration in their decision-making and when carrying out their functions, unless a policy is assessed to have no or negligible impact on the environment. Principles incorporated within the Bill include the polluter pays principle, the precautionary principle, rectification at source and the prevention of environmental harm. 

The impact of this framework is to ensure environmental considerations are at the forefront of policy decisions in Wales.

New independent watchdog 

Possibly the most high profile element of the legislation is Part 2 of the Bill, the creation of the new Office of Environmental Governance Wales (the “OEGW”). Much like the Office for Environmental Protection (“OEP”) which performs a similar function in England and Northern Ireland, the purpose of the OEGW is to plug the gap in environmental accountability of public authorities in Wales following Brexit. The OEGW will be able to investigate alleged failures to comply with environmental law by public authorities and will have powers to take enforcement action if required. The OEGW will also be able to scrutinise the Welsh Government, Natural Resources Wales (NRW), local authorities and even private companies performing public functions relating to environmental law, such as water companies. 

Biodiversity targets 

Part 3 of the Bill amends the Environment (Wales) Act 2016 by setting new legally binding biodiversity targets, intended to operate in a similar fashion to existing climate change targets by providing clear benchmarks to measure progress and hold Ministers to account. The Welsh government is committed to setting both short- and long-term biodiversity targets following the Bill's receiving Royal Assent. 

Implications and next steps

The passage of the Bill through the Senedd is arguably a significant milestone for environmental protection in Wales. The Bill will sit alongside existing ESG-focussed Welsh legislation such as the Well-being of Future Generations (Wales) Act 2015. The Bill will also act as a nexus to existing long-term goals in Wales, such as improvement of well-being, reinforcing Wales’s existing approach to legislating on certain matters.  Following passage in the Senedd, the Bill will proceed to Royal Assent, which should take place within four weeks of its passing. 

 If you would like to know about the potential implications of the Bill, please contact Michael Barlow or another member of the Environment Team.

Written by Sasha Anisman.