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The Natural Resources Body for Wales (Establishment) Order 2012

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PART 1 —E+WPRELIMINARY

Title and commencementE+W

1.—(1) The title of this Order is the Natural Resources Body for Wales (Establishment) Order 2012.

(2) This Order comes into force on the day after the day on which it is made.

Commencement Information

I1Art. 1 in force at 19.7.2012, see art. 1(2)

InterpretationE+W

[F12.  In this Order—

“the Body” (“y Corff”) has the meaning given by article 3(1);

“nature conservation” (“cadwraeth natur”) means the conservation of flora, fauna or geological or physiographical features;

“pollution control functions” (“swyddogaethau rheoli llygredd”) has the same meaning as in section 5 of the Environment Act 1995;

“the Welsh zone” (“parth Cymru”) has the meaning given by section 158 of the Government of Wales Act 2006.]

Textual Amendments

PART 2 —E+WESTABLISHMENT AND GENERAL FUNCTIONS

The BodyE+W

3.—(1) There is to be a body corporate to be known as the Natural Resources Body for Wales or Corff Adnoddau Naturiol Cymru (referred to in this Order as “the Body”).

(2) The Schedule contains further provisions about the Body.

Commencement Information

I2Art. 3 in force at 19.7.2012, see art. 1(2)

[F2General purposeE+W

4.—(1) The Body must—

(a)pursue sustainable management of natural resources in relation to Wales, and

(b)apply the principles of sustainable management of natural resources,

in the exercise of its functions, so far as consistent with their proper exercise.

(2) In this article—

“principles of sustainable management of natural resources” (“egwyddorion rheoli cynaliadwy ar adnoddau naturiol”) has the meaning given by section 4 of the Environment (Wales) Act 2016;

“sustainable management of natural resources” (“rheoli cynaliadwy ar adnoddau naturiol”) has the meaning given by section 3 of the Environment (Wales) Act 2016.]

Textual Amendments

Guidance with respect to the Body’s [F3general] purposeE+W

5.—(1) The Welsh Ministers may give guidance to the Body with respect to the manner in which it should exercise its functions so as to give effect to its [F4general purpose in article 4].

(2) In preparing any guidance under paragraph (1), the Welsh Ministers must have regard to the Body’s responsibilities and resources.

(3) In discharging its [F5general purpose in article 4], the Body must have regard to guidance given under this article.

(4) Before giving guidance to the Body under this article, the Welsh Ministers must consult the Body and such other bodies or persons as the Welsh Ministers consider appropriate.

(5) The Welsh Ministers must publish any guidance given under this article as soon as is reasonably practicable after giving the guidance.

(6) The power to give guidance under this article includes power to vary or revoke it.

Textual Amendments

F3Word in art. 5 heading inserted (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), ss. 5(3)(a), 88(2)(a)

Commencement Information

I3Art. 5 in force at 19.7.2012, see art. 1(2)

[F6Nature conservation dutiesE+W

5A.—(1) The Body must exercise its functions so as to further nature conservation and the conservation and enhancement of natural beauty and amenity.

(2) The duty in paragraph (1) does not apply to the Body's pollution control functions or its functions under the Forestry Act 1967.

(3) In exercising its pollution control functions, the Body must have regard to the desirability of nature conservation and of conserving and enhancing natural beauty and amenity.

(4) Section 1(3A) of the Forestry Act 1967 makes provision about the balance between nature conservation and other matters which the Body must endeavour to achieve in exercising its functions under that Act.

Textual Amendments

F75B  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Access and recreation dutiesE+W

5C.—(1) The Body must exercise its functions so as to promote the provision and improvement of opportunities for—

(a)access to, and enjoyment of, the countryside and open spaces;

(b)open-air recreation; and

(c)the study, understanding and enjoyment of the natural environment.

(2) The duty in paragraph (1) does not apply to the Body's pollution control functions.

(3) In exercising its pollution control functions, the Body must have regard to the desirability of maintaining the availability to the public of existing opportunities of the kinds mentioned in paragraph (1).

(4) Section 2 of the Countryside Act 1968 makes further provision about the Body's duties relating to facilities for the enjoyment of the countryside, the conservation and enhancement of the natural beauty and amenity of the countryside, and public access to the countryside for recreation.

Textual Amendments

Duties relating to historic sitesE+W

5D  In exercising its functions, the Body must have regard to—

(a)the desirability of protecting and conserving buildings, structures, sites and objects of archaeological, architectural, engineering or historic interest;

(b)the desirability of maintaining the availability to the public of any facility for visiting or inspecting any such building, structure, site or object, so far as consistent with sub-paragraph (a) and article 5A.

Textual Amendments

Duties relating to well-beingE+W

F85E  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Duties of Welsh Ministers in relation to proposals relating to the Body's functionsE+W

5F.—(1) The duties in articles 5A to 5E apply to the Welsh Ministers when formulating or considering any proposals relating to the Body's functions, as they apply to the Body in exercising those functions.

(2) But the duty in article 5A(1) applies to the Welsh Ministers when formulating or considering such proposals only to the extent that the duty is consistent with—

(a)the objective of achieving sustainable development; and

(b)the Welsh Ministers' duties under section 2 of the Water Industry Act 1991.

Textual Amendments

Recreation in relation to water and associated landE+W

5G.—(1) This article applies where the Body has rights to the use of water or land associated with water.

(2) The Body must take appropriate steps to secure that those rights are exercised so as to ensure that the water or land—

(a)is made available for recreational purposes; and

(b)is made available in the best manner.

(3) In paragraph (2), “appropriate steps” (“camau priodol”) means steps which are—

(a)reasonably practicable; and

(b)consistent with the provisions of any enactment relating to the Body's functions.

(4) The Body must obtain the consent of any navigation authority, harbour authority or conservancy authority before doing anything under paragraph (1) which causes obstruction of, or other interference with, navigation which is subject to the control of that authority.

(5) Section 6 of the Environment Act 1995 makes further general provision about the Body's functions with respect to water.

Textual Amendments

Provision of facilities for recreation and other purposesE+W

5H.—(1) The Body may provide, or make arrangements for the provision of, facilities for the purposes specified in paragraph (2) on any land belonging to it, which it uses or manages, or which is placed at its disposal by the Welsh Ministers.

(2) The purposes referred to in paragraph (1) are—

(a)tourism and the enjoyment of the countryside and open spaces;

(b)recreation and sport;

(c)the study, understanding and enjoyment of the natural environment.

(3) In paragraph (1), “facilities” (“cyfleusterau”) includes, without limitation—

(a)accommodation for visitors, camping sites and caravan sites;

(b)picnic sites and places for meals and refreshments;

(c)places for enjoying views and parking places;

(d)routes for walking, cycling or study of the natural environment;

(e)education centres, display centres and information;

(f)shops in connection with any of the facilities mentioned in paragraphs (a) to (e);

(g)public conveniences.

Textual Amendments

5I  The power of the Welsh Ministers under section 39 of the Forestry Act 1967 to acquire land includes power to acquire land in proximity to land placed by them at the disposal of the Body pursuant to section 3 of that Act where it appears to the Welsh Ministers that the land which it is proposed to acquire is reasonably required for the provision of the facilities mentioned in article 5H.E+W

Textual Amendments

5J  The power of the Welsh Ministers to make byelaws under section 46 of the Forestry Act 1967 includes power to make byelaws—E+W

(a)for regulating the reasonable use of facilities provided under article 5H, and

(b)in relation to any matter described in section 41(3) of the Countryside Act 1968.]

Textual Amendments

Initial functions of the BodyE+W

F96.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F107.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

General duty of the Body to have regard to costs and benefits in exercising powersE+W

8.—(1) In considering whether or not to exercise any power conferred upon it by or under any enactment, the Body must take into account the likely costs and benefits of the exercise or non-exercise of that power.

(2) In deciding the manner in which to exercise any such power, the Body must take into account the likely costs and benefits of its exercise in the manner in question.

(3) The duties in paragraphs (1) and (2) [F11do not apply if], or to the extent that, it is unreasonable for the Body to be subject to them in view of the nature or purpose of the power or in the circumstances of the particular case.

(4) But those duties do not affect the Body’s obligation to discharge any duties, comply with any requirements, or pursue any objectives, imposed upon or given to it by any enactment other than this article.

[F12(5) For the purposes of this article, costs include costs—

(a)to any person; and

(b)to the environment.]

Textual Amendments

Commencement Information

I4Art. 8 in force at 19.7.2012, see art. 1(2)

[F13Cooperation with the Environment AgencyE+W

8A  The Body must cooperate with the Environment Agency, and coordinate its activities with those of the Environment Agency, as may be appropriate in the circumstances.]

Textual Amendments

General incidental function of the BodyE+W

9.—(1) The Body may do anything that appears to it to be conducive or incidental to the discharge of its functions.

(2) In particular, the Body may—

(a)enter into agreements;

(b)acquire or dispose of property and carry out such engineering or building operations as it considers appropriate;

(c)subject to the approval of the Welsh Ministers, form [F14or participate in the forming of] bodies corporate or acquire or dispose of interests in bodies corporate;

(d)form charitable trusts;

[F15(da)act, or appoint a person to act, as an officer of a body corporate or as a trustee of a charitable trust;]

(e)accept gifts [F16or contributions];

(f)invest money.

(3) In this article “engineering or building operations” (“gwaith peirianyddol neu waith adeiladu”), without prejudice to the generality of that expression, includes—

(a)the construction, alteration, improvement, maintenance or demolition of any building or structure or of any reservoir, watercourse, dam, weir, well, borehole or other works, and

(b)the installation, modification or removal of any machinery or apparatus.

Textual Amendments

Commencement Information

I5Art. 9 in force at 19.7.2012, see art. 1(2)

[F17Power to enter into agreements with local authorities and public bodiesE+W

9A.—(1) Without prejudice to the generality of the powers conferred by article 9, the Body is to be treated as both a local authority and a public body for the purposes of the provisions of the Local Authorities (Goods and Services) Act 1970, except section 2(2).

(2) But the Body may not, under section 1 of that Act, make arrangements which could be made under section 28(1) of the Public Bodies Act 2011.]

Textual Amendments

Advice and assistance to Welsh MinistersE+W

10.—[F18(1)] The Body must provide the Welsh Ministers with such advice and assistance as they may request.

[F19(2) The Body may advise the Welsh Ministers on the development and implementation of policies for or in relation to any matter in respect of which the Body exercises functions, whether or not it has been requested to do so.]

Textual Amendments

Commencement Information

I6Art. 10 in force at 19.7.2012, see art. 1(2)

[F20Advice and assistance to othersE+W

10A.—(1) The Body may provide advice or assistance, including training facilities, to any person on any matter in which the Body has knowledge, skill or experience.

(2) The power conferred by paragraph (1) must not be exercised where the person to whom the advice or assistance is provided is outside Wales, except—

(a)in accordance with a power or duty conferred or imposed by this or any other enactment;

(b)with the consent in writing of the Welsh Ministers; or

(c)in accordance with arrangements approved by the Welsh Ministers.

(3) The Welsh Ministers may impose conditions when giving consent or approving arrangements under paragraph (2).

Textual Amendments

Financial assistanceE+W

10B.—(1) The Body may give financial assistance to any person in respect of any expenditure incurred or to be incurred by that person in doing anything which the Body considers conducive to the attainment of any objective which the Body seeks to attain in the exercise of its functions.

(2) The Body may give financial assistance under this article by way of grant or loan (or partly in one way and partly in the other).

(3) The Body may attach conditions to financial assistance under this article, which may include (without limitation) conditions requiring the repayment of the whole or part of any grant in specified circumstances.

(4) The Body must exercise the power in paragraph (3) so as to ensure that any person receiving financial assistance in respect of premises to which the public are to be admitted (on payment or otherwise) makes appropriate provision for the needs of members of the public with disabilities.

(5) In paragraph (4), “appropriate provision” (“darpariaeth briodol”) means such provision with respect to—

(a)means of access to or within the premises; and

(b)the parking facilities and sanitary conveniences to be available (if any),

as is practicable and reasonable in the circumstances.

(6) The Body may give financial assistance under this article only with the consent of the Welsh Ministers (which may be specific or general) or in accordance with arrangements approved by them.

Textual Amendments

[F21Research and experimental schemesE+W

10C.—(1) The Body may make arrangements for the carrying out (whether by the Body or by other persons) of research and experimental schemes that are relevant to the exercise of its functions.

(2) The Body may provide support (by financial means or otherwise) for research and experimental schemes that are relevant to the exercise of its functions; and paragraphs (2) and (3) of article 10B apply to the giving of financial assistance under this paragraph.

(3) In carrying out activities under this article relating to nature conservation, the Body must have regard to any common standards established under section 34(2)(c) of the Natural Environment and Rural Communities Act 2006 in so far as they are applicable to the activities.

(4) In this article—

“experimental scheme” (“cynllun arbrofol”) means a scheme designed—

(a)

to develop or apply new or modified methods, concepts or techniques, or

(b)

to develop or test proposals for regulatory change;

“research” (“ymchwil”) includes inquiries and investigations.]

Textual Amendments

Further provision about advice, assistance and researchE+W

10D  The functions conferred by articles 10 to 10C are exercisable in relation to Wales and the Welsh zone.

Textual Amendments

Criminal proceedingsE+W

10E.—(1) The Body may institute criminal proceedings in England and Wales.

(2) The Body may authorise persons to prosecute on its behalf in proceedings before magistrates' courts in England and Wales.

(3) A person so authorised is entitled to prosecute in such proceedings even though that person is not a barrister or solicitor.]

Textual Amendments

DirectionsE+W

11.—(1) The Welsh Ministers may give the Body general or specific directions as to the exercise of its functions.

[F22(2) The power in paragraph (1) may also be exercised by the Secretary of State for the purpose of directing the Body as to the exercise of its relevant transferred functions, where the direction—

(a)would have any effect in England; or

(b)relates to water resources management, water supply, rivers or other watercourses, control of pollution of water resources, sewerage or land drainage, and would have any effect in the catchment areas of the rivers Dee, Wye and Severn.

(3) [F23The Welsh Ministers or the Secretary of State may give the Body general or specific directions for—

(a)securing that any [F24assimilated] obligation is met, or

(b)the implementation of any international obligation of the United Kingdom.]

(4) Except in an emergency, the power to give a direction under this article may be exercised only after consultation with the Body.

(5) The Welsh Ministers may give a direction falling within paragraph (2) only after consulting the Secretary of State.

(6) The Secretary of State may give a direction under this article only after consulting the Welsh Ministers.

(7) Any power of the Welsh Ministers or Secretary of State to give directions to the Body under any other enactment is without prejudice to their powers to give directions under this article.

(8) In this article, “relevant transferred functions” (“swyddogaethau trosglwyddedig perthnasol”) means any functions which—

(a)were exercisable by the Environment Agency before 1 April 2013; and

(b)are functions of the Body by virtue of the Natural Resources Body for Wales (Functions) Order 2013,

but this is subject to paragraph (9).

(9) For the purposes of the definition of “relevant transferred functions” (“swyddogaethau trosglwyddedig perthnasol”)—

(a)a function of the Environment Agency was exercisable before 1 April 2013 whether or not the enactment conferring it had come into force before that date; but

(b)a function is only a relevant transferred function when the enactment conferring the function has come into force.]

[F25(10) In this article, “the catchment areas of the rivers Dee, Wye and Severn” (“dalgylchoedd afonydd Dyfrdwy, Gwy a Hafren”) has the meaning given by article 1(3) of the National Assembly for Wales (Transfer of Functions) Order 1999.]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I7Art. 11 in force at 19.7.2012, see art. 1(2)

[F26Further provisions about directionsE+W

11A.—(1) A direction under article 11 must be in writing.

(2) The Welsh Ministers or the Secretary of State (as the case may be) must publish any direction given to the Body—

(a)under article 11;

[F27(b)under any other enactment for the purpose of—

(i)securing that any [F28assimilated] obligation is met, or

(ii)the implementation of any international obligation of the United Kingdom,]

as soon as reasonably practicable after giving the direction, and must make copies available on request.

(3) The power to give directions under article 11 includes power to vary or revoke the directions.

[F29(4) Paragraph (4A) applies if the Welsh Ministers or the Secretary of State vary or revoke any direction given to the Body (whether under article 11 or under any other enactment) for the purpose of—

(a)securing that any [F30assimilated] obligation is met, or

(b)the implementation of any international obligation of the United Kingdom.

(4A) Where this paragraph applies, the person making the variation or revocation must—

(a)publish the variation or revocation as soon as reasonably practicable;

(b)make copies of the variation or revocation available on request.]

(5) The Body and any person exercising functions of the Body must comply with any direction given to the Body under article 11 or any other enactment.

(6) In determining—

(a)any appeal against, or reference or review of, a decision of the Body, or

(b)any application transmitted from the Body,

the person making the determination is bound by any direction given to the Body under article 11 or any other enactment to the same extent as the Body.]

Textual Amendments

Modifications etc. (not altering text)

PART 3 —E+WFINANCIAL MATTERS

GrantsE+W

12.—(1) The Welsh Ministers may make grants to the Body.

(2) A grant under this article may be made subject to conditions.

[F31(3) The conditions which may be imposed include, without limitation, conditions as to the use of the money for the purposes of the Joint Nature Conservation Committee.]

Textual Amendments

Commencement Information

I8Art. 12 in force at 19.7.2012, see art. 1(2)

[F32Power to chargeE+W

12A.—(1) The Body may—

(a)charge for work that it carries out and for goods, services and facilities that it provides;

(b)allow another person to make charges, on such terms as the Body thinks fit, for facilities which that person provides under arrangements made under article 5H.

(2) Any arrangement between the Body and another person entered into pursuant to paragraph (1) may, with the consent of the Welsh Ministers, include provision for the sharing of profits.

(3) The powers conferred by this article are subject to any specific restriction on charging by the Body in particular cases or categories of case contained in this or any other enactment.]

Textual Amendments

General financial dutiesE+W

13.—(1) The Welsh Ministers may determine the financial duties of the Body.

(2) Different determinations may be made for different functions and activities of the Body.

(3) The Welsh Ministers must—

(a)consult the Body before making a determination of the Body’s financial duties, and

(b)give the Body notice of every such determination which they make.

(4) Such a determination may—

(a)relate to a period beginning before, on, or after, the date on which it is made;

(b)contain supplemental provisions; and

(c)be varied by a subsequent determination.

(5) The Welsh Ministers may give a direction to the Body requiring it to pay to them an amount equal to the whole or such part as may be specified in the direction of any sum, or any sum of a description, so specified which is or has been received by that Body.

(6) Where it appears to the Welsh Ministers that the Body has a surplus, whether on capital or revenue account, they may direct the Body to pay them such amount not exceeding the amount of that surplus as may be specified in the direction.

(7) The Welsh Ministers must consult the Body before giving a direction under paragraph (5) or (6).

[F33(8) This article is subject to section 118 of the Water Resources Act 1991.]

Textual Amendments

Commencement Information

I9Art. 13 in force at 19.7.2012, see art. 1(2)

[F34Forestry incomeE+W

13A.—(1) The Body must spend all sums which it receives in respect of the sale or other disposal of timber or other forest products on the exercise of its functions relating to forestry, forests, woods and woodland industries.

(2) This article is subject to any determination or direction made by the Welsh Ministers under article 13.]

Textual Amendments

Borrowing powersE+W

14.—(1) The Body may borrow in accordance with the following provisions of this article, but not otherwise.

(2) The Body may borrow such sums in sterling as it may require for meeting its obligations and carrying out its functions.

(3) The Body may borrow—

(a)from the Welsh Ministers, or

(b)from persons other than the Welsh Ministers, but only with the consent of the Welsh Ministers.

(4) Consent under paragraph (3)(b) may be granted subject to conditions.

Commencement Information

I10Art. 14 in force at 19.7.2012, see art. 1(2)

Welsh Ministers' guarantees of the Body’s borrowingE+W

15.—(1) The Welsh Ministers may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of, the payment of interest on, and the discharge of any other financial obligation in connection with, any sum which the Body borrows from any person.

(2) If any sums are paid out in fulfilment of a guarantee under this article, the Body must make to the Welsh Ministers, at such times and in such manner as they from time to time direct,—

(a)payments of such amounts as they direct in or towards repayment of the sums so paid out, and

(b)payments of interest, at such rate as they direct, on what is outstanding for the time being in respect of sums so paid out.

Commencement Information

I11Art. 15 in force at 19.7.2012, see art. 1(2)

[F35 PART 4 — E+WINFORMATION ABOUT PERMITTING DECISIONS

Textual Amendments

InterpretationE+W

16.  In this Part—

“permit” (“hawlen”) means any registration, exemption, approval, permission, licence, consent, assent or other authorisation, however described;

“permitting decision” (“penderfyniad ynghylch hawlenni”) means any decision to—

(a)

grant or refuse an application for a permit;

(b)

suspend, vary or revoke a permit.

Information publication schemesE+W

17.—(1) The Body must—

(a)develop, adopt and maintain a scheme (in this article referred to as a “publication scheme”) in relation to the publication of information about—

(i)applications for permits made to the Body; and

(ii)permitting decisions made by the Body;

(b)publish information in accordance with its publication scheme;

(c)from time to time review its publication scheme.

(2) A publication scheme must—

(a)specify classes of information which the Body publishes or intends to publish, which must include information about all applications for permits made by the Body in cases where the Body is responsible for determining the application;

(b)specify the manner in which, and the time within which, information of each class is, or is intended to be, published;

(c)specify whether the material is, or is intended to be, available to the public free of charge.

(3) In developing, adopting or reviewing a publication scheme, the Body must—

(a)consult such persons as it considers appropriate;

(b)have regard to the public interest in—

(i)allowing public access to information held by the Body; and

(ii)the publication of information about applications for permits made to the Body and permitting decisions made by the Body.

(4) A publication scheme must be approved by the Welsh Ministers.

(5) If the Welsh Ministers refuse to approve a proposed publication scheme they must give the Body a statement of their reasons for doing so.

(6) The Body must publish its publication scheme on its website and make copies of the scheme available on request.

(7) This article is without prejudice to any other power or duty of the Body to publish or disclose information.

Notification to Welsh Ministers in relation to self permittingE+W

18.—(1) This article applies to any application for a permit in respect of which all of the following conditions are met—

(a)the Body is the applicant;

(b)the Body is responsible for determining the application;

(c)the Welsh Ministers may make a direction that the application be referred to them for determination.

(2) The Body must notify the Welsh Ministers of the application at the time that it makes the application.]

John Griffiths

Minister for Environment and Sustainable Development, one of the Welsh Ministers

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