Assembly powers tracking notes

Matter

Source

[6.1 - proposed matter]  Preventing, reducing, collecting, managing, treating or disposing of waste in Wales and disposing in the sea adjacent to Wales, out as far as the seaward boundary of the territorial sea, of waste collected, managed or treated on land.

This matter does not include regulation of the provision of postal services by a person who holds, or is required to hold, a licence from the Postal Services Commission authorising the person to convey letters from one place to another (whether or not the licence relates to the services).

This matter does not include regulation of decommissioned explosives that are outside the scope of the waste directive by virtue of Article 2(1)(b)(v) of the waste directive and are or have been - (a) held on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence; (b) held by or for the purposes of visiting forces.

This matter does not include regulation of radioactive material that is at military premises.

This matter does not include regulation of the decommissioning of offshore energy installations and related infrastructure.

This matter does not include regulation of the capture, conveyance and disposal of carbon dioxide as part of relevant carbon capture and storage.

This matter does not include regulation of the following activities in the territorial sea adjacent to Wales - (a) depositing any substance or object in the sea or on or under the seabed from any vehicle, vessel, aircraft, marine structure or floating container; (b) depositing any explosive substance or article in the sea or on or under the seabed; (c) incinerating any substance or object on any vehicle, vessel, marine structure or floating container.

See below for further provision about what this matter does not include.

Proposed by the National Assembly for Wales (Legislative Competence) (Environment) Order 2009

Further information about the progress of the Order

[6.2 - proposed matter]  Protecting or improving the environment in relation to pollution.

This matter does not include regulation of oil and gas exploration and exploitation in those parts of the territorial sea adjacent to Wales that are not relevant territorial waters.

This matter does not include - (a) regulating the composition and content of fuel used in any of the following - (i) a means of transport; (ii) non-road mobile machinery; (iii) an agricultural or forestry tractor; (b) obligations upon persons who supply transport fuel at or for delivery to places in the United Kingdom to produce evidence showing the supply of renewable transport fuel; (c) making provision regarding the proportion of renewable energy consumed in transport, including the imposition of requirements relating to sustainability that determine whether any particular renewable energy is to be counted towards any renewable energy obligation or target; (d) provision of financial support in connection with - (i) the production of renewable energy for consumption in transport, or (ii) the use of that energy in transport, including the imposition of requirements relating to sustainability that determine whether any particular renewable energy qualifies for financial support.

See below for further provision about what this matter does not include.

as above

[6.3 - proposed matter]  Protecting or improving the environment in relation to nuisances.

This matter does not include imposition of criminal or civil liability in respect of energy nuisances that consist of acts, omissions and states of affairs for which there is statutory authority, except criminal or civil liability which the Welsh Ministers have power to impose.

This matter does not include removal of relevant defences to, or relevant exclusions from, rules of law which impose civil or criminal liability in respect of energy nuisances, except those defences and exceptions which the Welsh Ministers have power to remove.

This matter does not include regulation of the emission of smoke, artificial light or noise from military premises.

This matter does not include regulation of electricity activities, gas activities, oil activities, and infrastructure that is necessary for carrying out any such activities.

This matter does not include regulation of oil and gas exploration and exploitation in the territorial sea adjacent to Wales.

This matter does not include regulation of electronic communications and electronic communications networks.

See below for further provision about what this matter does not include.

as above

[Not included in matters 6.1, 6.2 and 6.3]

Provision made by health and safety regulations.

[Not included in matters 6.2 and 6.3]

Matters 6.2 and 6.3 do not include any of the following - (a) regulation of the contained use of genetically modified organisms; (b) regulation of the decommissioning of offshore energy installations and related infrastructure; (c) regulation of the following activities in the territorial sea adjacent to Wales - (i) depositing any substance or object in the sea or on or under the seabed from any vehicle, vessel, aircraft, marine structure or floating container, or any structure on land constructed or adapted wholly or mainly for the purpose of depositing solids in the sea; (ii) scuttling any vessel or floating container; (iii) constructing, altering or improving works in or over the sea or on or under the seabed; (iv) using any vehicle, vessel, aircraft, marine structure or floating container to remove any substance or object from the seabed; (v) dredging; (vi) depositing or using any explosive substance or article in the sea or on or under the seabed; (vii) incinerating any substance or object on any vehicle, vessel, marine structure or floating container, (d) marine licensing under Part 4 of the Marine and Coastal Access Act 2009.

as above