5. Motion to Annul The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021

Part of the debate – in the Senedd at 3:30 pm on 3 March 2021.

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Photo of Mick Antoniw Mick Antoniw Labour 3:30, 3 March 2021

Thank you, Dirprwy Lywydd. We considered these regulations at our meeting on 22 February 2021, and in doing so we noted that the motion being debated today had already been tabled. Our report contained only one merits point, which I will briefly outline for Members.

Regulation 30 of the regulations enables the Natural Resources Body for Wales to serve a notice requiring a person to carry out works or take precautions or other steps, as specified in the notice. Appeals against regulation 30 notices can be made to the Welsh Ministers. Where such an appeal is made, regulation 31(6) provides that the period for compliance is subject to any direction made by the Welsh Ministers, and such a direction can include an extension to that period.

We consider this to be important because, where the Welsh Ministers determine that works, precautions or other steps are required, there appear to be circumstances where appellants are obligated to undertake such action on the same day as the result of their appeal is known. This may mean that appellants are unable to comply in time with the determination. If our assessment is correct, then the power for the Welsh Ministers to extend the period for compliance is important to reduce the risk of this occurring.

We asked the Welsh Government to respond to our assessment. The Government has confirmed that, when deciding whether or not to exercise their discretion-making power, the Welsh Ministers will be subject to their public law duty to act reasonably. The Government’s response to our report also states that the mechanism provides appellants with a sufficient safeguard from having to undertake works or take action within an inadequate time frame once the result of their appeal is known. Diolch, Dirprwy Lywydd.