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Environment Act 1995 (C. 25) OPSI - Environment Act 1995 (C. 25)
Amended by:Food Standards Act 1999 (C. 28)
Water Act 2003 (37)
Natural Environment and Rural Communities Act 2006 (Committee.16)
 
To establish the Environment Agency; to make provision for contaminated land and abandoned mines, National Parks, the control of pollution, conservation of the environment, obligations relating to products and materials, and fisheries.  

Functions exercisable solely by WAG or the National Assembly for Wales.

The following Ministerial functions under this Act are exercisable solely by the Welsh Ministers in relation to Wales namely:

Part I: The Environment Agency:

  • sections 4 and 5: Power to give guidance to the Agency and requirements for the Agency to carry out environmental assesments.
  • section 7: Duty to exercise powers under Part I to further the conservation of the environment.
  • section 9: Power to issue code of practice giving guidance to the Agency.
  • section 11: Establishment of and payment of advisory committee for Wales.
  • section 14 and Schedule 4: Power to alter the boundaries of a committee.
  • section 16A, 16B and Schedule 4: Power to alter composition of regional flood defence committees in Wales. See also shared powers.
  • section 18A: Power to revoke local flood defence schemes. See also shared powers.
  • section 42(10): Power to determine questions relating to the recovery of sums arising from a charging scheme.
  • section 80: Duty to publish policies relating to the strategy for the assessment or management of fair quality.
  • section 84: Power to approve local authorityÆs action plan.
  • section 85: Reserve powers to give directions.
  • section 87: Power to make Regulations to implement the strategy and for assessment or management of air quality.
  • section 88: Power to issue guidance.
  • section 90and Schedule 11: Consultation by local authorities with the Secretary of State.

Miscellaneous:

Waste:

  • section 93 and 94: Regulations imposing producer responsibility obligations or persons to re-use products or materials.

Hedgerows and Protection of Countryside:

  • section 97: Power to make regulations for the protection of hedgerows.
  • section 98: Power to make regulations to give grants with Treasury consent , for the conservation of the countryside.

General;

  • section 114 and Schedule 20: Delegation of listed appellate functions of the Secretary of State.
  • section 121: Power to amend or repeal local Acts for any purposes contained in this Act.
  • Schedule 7, Paragraphs 1: Power to appoint members of National Parks Authorities
  • Schedule 14: Power to specify review date.

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