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The Natural Resources Body for Wales (Functions) Order 2013

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Article 4(2)

SCHEDULE 5E+WWELSH STATUTORY INSTRUMENTS

Countryside Access (Draft Maps) (Wales) Regulations 2001E+W

1.  The Countryside Access (Draft Maps) (Wales) Regulations 2001 M1 are amended as follows.

Marginal Citations

M1S.I. 2001/4001 (W. 329) as amended by S.I. 2002/1796 (W. 171).

2.—(1) Regulation 2(1) is amended as follows.E+W

(2) Omit the definition of “the Council”.

(3) In the appropriate place insert—

the NRBW” (“CANC”) means the Natural Resources Body for Wales;.

(4) For “Council”, in each place where it occurs, substitute “ NRBW ”.

3.  In regulations 3 to 7, for “Council”, in each place where it occurs, substitute “ NRBW ”.E+W

4.  In Schedule 1, after “Forestry Commission” insert “ (where land included in a draft map has a border with England) ”.E+W

Countryside Access (Local Access Forums) (Wales) Regulations 2001E+W

5.  The Countryside Access (Local Access Forums) (Wales) Regulations 2001 M2 are amended as follows.

Marginal Citations

6.  In regulations 10(2)(d) and 15(9), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.E+W

7.—(1) Regulation 17 is amended as follows.E+W

(2) In sub-paragraph (a), for “the Countryside Council for Wales (the Council)” substitute “ the Natural Resources Body for Wales (the NRBW) ”.

(3) In sub-paragraphs (b) and (c), for “Council”, in each place where it occurs, substitute “ NRBW ”.

Wildlife and Countryside (Sites of Special Scientific Interest, Appeals) (Wales) Regulations 2002E+W

8.  The Wildlife and Countryside (Sites of Special Scientific Interest, Appeals) (Wales) Regulations 2002 M3 are amended as follows.

Marginal Citations

9.—(1) Regulation 2 is amended as follows.E+W

(2) In paragraph (1)—

(a)omit the definition of “the Council”;

(b)in the appropriate place insert—

the NRBW” (“CANC”) means the Natural Resources Body for Wales;.

(3) In paragraph (2), for “Council”, in each place where it occurs, substitute “ NRBW ”.

10.  In regulations 3(g), 6 to 10, 12 to 14, 16 and 19, for “Council”, in each place where it occurs (including in the headings to regulations 7, 8 and 10), substitute “ NRBW ”.E+W

Countryside Access (Appeals Procedures) (Wales) Regulations 2002E+W

11.—(1) Regulation 2(1) of the Countryside Access (Appeals Procedures) (Wales) Regulations 2002 M4 is amended as follows.

(2) Omit the definition of “the Council”.

(3) In the appropriate place insert—

the NRBW” (“CANC”) means the Natural Resources Body for Wales;.

(4) For “Council”, in each place where it occurs (except in the definition of “the Council”), substitute “NRBW”.

Marginal Citations

M4S.I. 2002/1794 (W. 169) as amended by S.I. 2003/142 (W. 14), S.I. 2005/1154 (W. 71), S.I. 2005/1270 (W. 90).

Countryside Access (Provisional and Conclusive Maps) (Wales) Regulations 2002E+W

12.  The Countryside Access (Provisional and Conclusive Maps) (Wales) Regulations 2002 M5 are amended as follows.

Marginal Citations

13.—(1) Regulation 2(1) is amended as follows.E+W

(2) Omit the definition of “the Council”.

(3) In the appropriate place insert—

the NRBW” (“CANC”) means the Natural Resources Body for Wales;.

(4) For “Council”, in each place where it occurs (except in the definition of “the Council”), substitute “NRBW”.

14.  In regulations 3 to 10, for “Council”, in each place where it occurs, substitute “ NRBW ”.E+W

15.  In Schedule 1, after “The Environment Agency” and “Forestry Commission” insert “ (where land included in the provisional or conclusive map has a border with England) ”.E+W

Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002E+W

16.—(1) Regulation 13(4) of the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 M6 is amended as follows.

(2) In sub-paragraph (e), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

(3) Omit sub-paragraph (f).

Marginal Citations

M6S.I. 2002/3188 (W. 304) as amended by S.I. 2005/1913 (W. 156), S.I. 2005/2759, S.I. 2011/1043.

Countryside Access (Dedication of Land as Access Land) (Wales) Regulations 2003E+W

17.  The Countryside Access (Dedication of Land as Access Land) (Wales) Regulations 2003 M7 are amended as follows.

Marginal Citations

18.  In regulation 2(1), omit the definition of “the Council”.E+W

19.—(1) Regulation 4(4) is amended as follows.E+W

(2) In sub-paragraph (b), for “the Council” substitute “ the Natural Resources Body for Wales ”.

(3) Omit sub-paragraph (d).

Countryside Access (Exclusion or Restriction of Access) (Wales) Regulations 2003E+W

20.  The Countryside Access (Exclusion or Restriction of Access) (Wales) Regulations 2003 M8 are amended as follows.

Marginal Citations

21.—(1) Regulation 2(1) is amended as follows.E+W

(2) Omit the definition of “the Council”.

(3) In the appropriate place insert—

the NRBW” (“CANC”) means the Natural Resources Body for Wales;.

22.  In regulations 12(1) and 14(7) and (9), for “Council”, in each place where it occurs, substitute “ NRBW ”.E+W

Coast Protection (Notices) (Wales) Regulations 2003E+W

23.  In regulation 4(c) of the Coast Protection (Notices) (Wales) Regulations 2003 M9, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Marginal Citations

Water Industry (Prescribed Conditions) (Undertakers Wholly or Mainly in Wales) Regulations 2004E+W

24.—(1) Regulation 3(3) of the Water Industry (Prescribed Conditions) (Undertakers Wholly or Mainly in Wales) Regulations 2004 M10 is amended as follows.

(2) For sub-paragraph (b), substitute—

(b)where the determination relates to an area that is the whole or part of an area of a water undertaker whose area is wholly in Wales, the Natural Resources Body for Wales;.

(3) For sub-paragraph (c), substitute—

(c)where the determination relates to an area that is the whole or part of an area of a water undertaker whose area is partly in Wales and partly in England, the Natural Resources Body for Wales and the Environment Agency;.

Marginal Citations

M10S.I. 2004/701 (W. 75) as amended by S.I. 2005/2035.

Landfill Allowances Scheme (Wales) Regulations 2004E+W

25.  In regulation 5 of the Landfill Allowances Scheme (Wales) Regulations 2004 M11, for “Environment Agency” substitute “ Natural Resources Body for Wales ”.

Marginal Citations

M11S.I. 2004/1490 (W. 155) as amended by S.I. 2005/1820 (W. 148), S.I. 2011/971 (W. 141), S.I. 2012/65 (W. 16).

Environmental Assessment of Plans and Programmes (Wales) Regulations 2004E+W

26.—(1) Regulation 4 of the Environmental Assessment of Plans and Programmes (Wales) Regulations 2004 M12 is amended as follows.

(2) For paragraph (1) substitute—

(1) Subject to paragraph (2), in relation to every plan or programme to which these Regulations apply, each of the following bodies are consultation bodies—

(a)the Natural Resources Body for Wales;

(b)Cadw.

(3) In paragraph (2), for “a body mentioned in paragraph (1)” substitute “ Cadw ”.

Marginal Citations

M12S.I. 2004/1656 (W. 170) as amended by S.I. 2011/1043.

Hazardous Waste (Wales) Regulations 2005E+W

27.  The Hazardous Waste (Wales) Regulations 2005 M13 are amended as follows.

Marginal Citations

M13S.I. 2005/1806 (W. 138) as amended by S.I. 2006/937, S.I. 2007/3538, S.I. 2009/2861 (W. 250), S.I. 2010/675, S.I. 2010/1820 (W. 177), S.I. 2011/556 (C. 19), S.I. 2011/971 (W. 141), S.I. 2011/2043.

28.  In regulation 5(1), in the appropriate place insert—E+W

NRBW” (“CANC”) means the Natural Resources Body for Wales;.

29.  In regulation 11, after paragraph (a) insert—E+W

(aa)the NRBW;.

30.  In the following provisions, for “Agency”, in each place where it occurs, substitute “ NRBW ”E+W

(a)regulation 21(1) and (2);

(b)regulations 23 to 28;

(c)regulation 33(1);

(d)regulation 42(5)(a) and (6)(b)(ii);

(e)regulation 47(4)(b);

(f)regulation 49(5)(a) and (6);

(g)regulation 51(3) and (4)(b);

(h)regulation 53;

(i)regulation 55.

31.  In the heading to Part 8, for “Agency's” substitute “ NRBW's ”.E+W

32.  In the following provisions, for “Agency”, in each place where it occurs, substitute “ NRBW ”E+W

(a)regulation 56;

(b)regulation 58 (including the heading);

(c)regulation 60(1);

(d)regulations 62 to 64 (including the heading to regulation 63).

33.  In regulation 65A(1), for “the Environment Agency” substitute “ the NRBW ”.E+W

34.  In regulations 70 and 71(3), for “Agency”, in each place where it occurs, substitute “ NRBW ”.E+W

35.—(1) Schedule 7 is amended as follows.E+W

(2) In paragraph 4—

(a)in sub-paragraph (2)(a), for “Agency” substitute “ NRBW ”;

(b)in sub-paragraph (3)(b), after “from Northern Ireland)” insert “ or the Agency (where the waste is transported from England) ”;

(c)in sub-paragraph (4)—

(i)after “or Northern Ireland” insert “ or England ”;

(ii)after “from Northern Ireland)” insert “ or the Agency (where the waste is transported from England) ”.

(3) In paragraph 5—

(a)in sub-paragraph (1), after “or Northern Ireland” insert “ or England ”;

(b)in sub-paragraph (2)(a)(i), after “in Northern Ireland)” insert “ or the Agency (where the waste is to be consigned to a consignee in England) ”.

36.  In Schedule 10, in the Form of Fixed Penalty Notices, for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”.E+W

Town and Country Planning (Local Development Plan) (Wales) Regulations 2005E+W

37.—(1) Regulation 2(1) of the Town and Country Planning (Local Development Plan) (Wales) Regulations 2005 M14 is amended as follows.

(2) In the definition of “specific consultation bodies”—

(a)in sub-paragraph (a), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”;

(b)omit sub-paragraph (b).

Marginal Citations

M14S.I. 2005/2839 (W. 203) as amended by S.I. 2011/971 (W. 141).

Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 2006E+W

38.  In regulation 18(2)(a) of the Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 2006 M15, after “the Agency” insert “ , the Natural Resources Body for Wales ”.

Marginal Citations

M15S.I. 2006/2988 (W. 277) as amended by S.I. 2007/3250, S.I. 2008/521, S.I. 2010/2146.

Contaminated Land (Wales) Regulations 2006E+W

39.  The Contaminated Land (Wales) Regulations 2006 M16 are amended as follows.

Marginal Citations

M16S.I. 2006/2989 (W. 278) as amended by S.I. 2007/3538, S.I. 2010/675, S.I. 2012/283 (W. 47).

40.  In regulations 5(1), 7(1)(o) and 13(3)(b), and in Schedule 3, in paragraphs 10(1) and 13, for “the Environment Agency” and “the Agency”, in each place where they occur, substitute “ the Natural Resources Body for Wales ”.E+W

Controls on Dogs (Non-application to Designated Land) (Wales) Order 2007E+W

41. —  In the Schedule to the Controls on Dogs (Non-application to Designated Land) (Wales) Order 2007 M17, the Table is amended as follows.

(2) In the first description of land, in the first column, for “the Forestry Commissioners” substitute “ the Natural Resources Body for Wales ”.

Marginal Citations

Zoonoses (Monitoring) (Wales) Regulations 2007E+W

42.  In regulation 7 of the Zoonoses (Monitoring) (Wales) Regulations 2007 M18, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Marginal Citations

Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007E+W

43.  The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007 M19 are amended as follows.

Marginal Citations

M19S.I. 2007/2933 (W. 253) as amended by S.I. 2011/1043.

44.—(1) In regulation 2(1), the definition of “consultation bodies” is amended as follows.E+W

(2) In sub-paragraph (a), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

(3) Omit sub-paragraph (b).

45.  In regulation 5(7)(d), omit “by the Countryside Council for Wales”.E+W

Nitrate Pollution Prevention (Wales) Regulations 2008E+W

46.  The Nitrate Pollution Prevention (Wales) Regulations 2008 M20 are amended as follows.

Marginal Citations

M20S.I. 2008/3143 (W. 278) as amended by S.I. 2010/489 (W.55), S.I. 2012/1238 (W. 151).

47.—(1) Regulation 6 is amended as follows.E+W

(2) Omit the definition of “Agency”.

(3) In the appropriate place insert—

NRBW” (“CANC”) means the Natural Resources Body for Wales;.

48.  In regulations 7(1)(a), 8(3) and 13A to 13D, for “Agency”, in each place where it occurs, substitute “ NRBW ”.E+W

49.  In regulation 49, for “Environment Agency” substitute “ NRBW ”.E+W

50.  In Schedule 4, in paragraph 19(1) and (2), for “Agency” substitute “ NRBW ”.E+W

Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009E+W

51.  The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 M21 are amended as follows.

Marginal Citations

M21S.I. 2009/995 (W. 81) as amended by S.I. 2011/556 (C. 19), S.I. 2011/971 (W. 141), S.I. 2011/1043, S.I 2011/2131, S.I. 2012/630.

52.—(1) Regulation 10 is amended as follows.E+W

(2) In paragraph (2)—

(a)before “the Environment Agency”, in the first place where it occurs, insert “ either the Natural Resources Body for Wales or ”;

(b)for “the Environment Agency”, in the second place where it occurs, substitute “ the Natural Resources Body for Wales ”.

(3) In paragraph (3)(b)—

(a)in paragraph (ii), for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”;

(b)in paragraph (iii), for “Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

53.—(1) Regulation 11 is amended as follows.E+W

(2) In the table, in the third column—

(a)for “Environment Agency” in each place where it occurs substitute “ Natural Resources Body for Wales ”;

(b)for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”.

54.  In regulation 31(2), for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”.E+W

Crime and Disorder Strategies (Prescribed Descriptions) (Wales) Order 2009E+W

55.  In article 3(2)(a) of the Crime and Disorder Strategies (Prescribed Descriptions) (Wales) Order 2009 M22, for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”.

Marginal Citations

M22S.I. 2009/3050 (W. 267) as amended by S.I. 2010/1142 (W. 101).

Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009E+W

56.—(1) Regulation 2(1) of the Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009 M23 is amended as follows.

(2) In the definition of “the consultation bodies”, in sub-paragraph (b)—

(a)in paragraph (ii), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”;

(b)omit paragraph (iii).

(3) In the definition of “sensitive area”, in sub-paragraph (g), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Marginal Citations

Water Resources (Control of Pollution) (Silage, Slurry and Agriculture Fuel Oil) (Wales) Regulations 2010E+W

57.  The Water Resources (Control of Pollution) (Silage, Slurry and Agriculture Fuel Oil) (Wales) Regulations 2010 M24 are amended as follows.

Marginal Citations

58.—(1) Regulation 2(1) is amended as follows.E+W

(2) Omit the definition of “Environment Agency”.

(3) In the appropriate place insert—

NRBW” (“CANC”) means the Natural Resources Body for Wales;.

59.  In regulations 3(1)(c)(i) and 7 to 9, and in Schedule 2, in paragraphs 5(1)(b) and 7, for “Environment Agency”, in each place where it occurs, substitute “ NRBW ”.E+W

Environmental Civil Sanctions (Wales) Order 2010E+W

60.  In article 2 of the Environmental Civil Sanctions (Wales) Order 2010 M25, for “The Environment Agency” substitute “ The Natural Resources Body for Wales ”M26 .

Marginal Citations

M26Schedule 7 contains transitional provisions relating to this Order.

Llangollen and Corwen Railway Order 2010E+W

61.  The Llangollen and Corwen Railway Order 2010 M27 is amended as follows.

Marginal Citations

62.  In article 9(8)(a) and the heading to article 21, for “Environment Agency” substitute “ Natural Resources Body for Wales ”.E+W

63.  In Schedule 4, for “Environment Agency”, in each place where it occurs (including in the heading to that Schedule), substitute “ Natural Resources Body for Wales ”.E+W

Sea Fish (Specified Area) (Prohibition of Fixed Engines) (Wales) Order 2010E+W

64.  In article 4(1)(a) of the Sea Fish (Specified Area) (Prohibition of Fixed Engines) (Wales) Order 2010 M28, for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”.

Marginal Citations

Marine Licensing (Exempted Activities) (Wales) Order 2011E+W

65.  The Marine Licensing (Exempted Activities) (Wales) Order 2011 M29 is amended as follows.

Marginal Citations

66.  In articles 18(1) and 19(1), after “by or on behalf of” insert “ the Natural Resources Body for Wales or ”.E+W

67.  In article 25(1), for “the Countryside Council for Wales”, in each place where it occurs, substitute “ the Natural Resources Body for Wales ”.E+W

Flood and Coastal Erosion Risk Management Information Appeals (Wales) Regulations 2011E+W

68.  In regulation 1(c)(ii) of the Flood and Coastal Erosion Risk Management Information Appeals (Wales) Regulations 2011 M30, after “the Environment Agency” insert “ and the Natural Resources Body for Wales ”.

Marginal Citations

Recycling, Preparation for Re-use and Composting Targets (Monitoring and Penalties) (Wales) Regulations 2011E+W

69.  The Recycling, Preparation for Re-use and Composting Targets (Monitoring and Penalties) (Wales) Regulations 2011 M31 are amended as follows.

Marginal Citations

70.  In regulation 2, in the definition of “the WasteDataFlow system”, for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”.E+W

71.  In regulation 3(1), for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”.E+W

Incidental Flooding and Coastal Erosion (Wales) Order 2011E+W

72.  The Incidental Flooding and Coastal Erosion (Wales) Order 2011 M32 is amended as follows.

Marginal Citations

73.  In article 3(3), for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”.E+W

74.—(1) Article 3 is amended as follows.E+W

(2) In paragraph (2)—

(a)in sub-paragraph (b), for “reference in section 157(6)(a)” substitute “ references in section 157(6)(a) and (7)(a) ”;

(b)in sub-paragraph (c), after “to (e)” insert “ and (7)(c) ”.

(3) In paragraph (3), after “An authorisation to” insert “ the Natural Resources Body for Wales or ”.

75.—(1) Article 4 is amended as follows.E+W

(2) In paragraph (1)—

(a)in sub-paragraph (a), after “Agency” insert “ or the NRBW ”;

(b)in sub-paragraph (c)—

(i)in the opening words, omit “the words “the Agency””;

(ii)in paragraph (i), at the beginning insert “ the words “the Agency or the NRBW” in ”;

(iii)after paragraph (i) insert—

(ia)the words “the Agency or, as the case may be, by the NRBW” in section 154(2);;

(iv)in paragraph (ii), for “where they appear” substitute “ the words “the Agency or the NRBW” ”;

(v)in paragraph (iii), for “the second and third places they appear” substitute “the words “the Agency or the NRBW” and “the Agency or, as the case may be, the NRBW””;

(c)after sub-paragraph (d) insert—

(e)section 154(7) were omitted.

(3) In paragraph (2)—

(a)in sub-paragraph (a), after “The Agency” insert “ and the NRBW ”;

(b)in sub-paragraph (b)—

(i)after “the Agency” insert “ or, as the case may be, the NRBW ”;

(ii)omit “and (6)”;

(c)in sub-paragraph (c), after “157(2)(b)” insert “ and (6) ”;

(d)after sub-paragraph (c) insert—

(ca)the words “the local authority” were substituted for the words “the NRBW” where they appear in section 157(7);;

(e)in sub-paragraph (d), for “157(6)(a)” substitute “ 157(7)(a) ”;

(f)in sub-paragraph (e), for “157(6)(c) to (e)” substitute “ 157(7)(c) ”.

76.—(1) Article 6 is amended as follows.E+W

(2) In paragraph (1)—

(a)in sub-paragraph (a)—

(i)in the opening words, after “Agency” insert “ or by the NRBW ”;

(ii)in paragraph (ii), omit “first”;

(b)in sub-paragraph (b)—

(i)in the opening words, after “Agency” insert “ or the NRBW ”;

(ii)in paragraph (ii), for “the second place” substitute “ where ”.

(3) In paragraph (2)—

(a)in sub-paragraph (a), after “Agency” insert “ or by the NRBW ”;

(b)in sub-paragraph (b), after “Agency” insert “ or the NRBW ”;

(c)in sub-paragraph (d), after “171(2)(b)” insert “ and (6) ”.

(4) In paragraph (3)—

(a)in sub-paragraph (f)—

(i)after “Agency” insert “ or the NRBW ”;

(ii)omit “and 8”;

(b)after sub-paragraph (f) insert—

(fa)the words “or a local authority” were substituted for “, the Agency or the NRBW” in paragraph 8(1);.

77.  In article 8, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.E+W

Town and Country Planning (Development Management Procedure) (Wales) Order 2012E+W

78.  The Town and Country Planning (Development Management Procedure) (Wales) Order 2012 M33 is amended as follows.

Marginal Citations

M33S.I. 2012/801 (W. 110) as modified by S.I. 2012/1659.

79.—(1) Article 27(3) is amended as follows.E+W

(2) In sub-paragraph (b), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”.

(3) Omit sub-paragraph (c).

80.—(1) In Schedule 4, the Table is amended as follows.E+W

(2) For “Environment Agency”, in each place where it occurs, substitute “ Natural Resources Body for Wales ”.

(3) For “Countryside Council for Wales”, in each place where it occurs, substitute “ Natural Resources Body for Wales ”.

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