Environment (Wales) Act 2016

Emissions targets and carbon budgets: main duties of the Welsh Ministers

29The 2050 emissions target

(1)The Welsh Ministers must ensure that the net Welsh emissions account for the year 2050 is at least 80% lower than the baseline.

(2)For the meaning of the “net Welsh emissions account” see section 33, and for the meaning of the “baseline” see section 38.

(3)The Welsh Ministers may by regulations amend subsection (1) so that it specifies a percentage greater than 80%.

(4)In this Part, the target in subsection (1) is referred to as the “2050 emissions target”.

30Interim emissions targets

(1)For each interim target year, the Welsh Ministers must by regulations set a maximum amount for the net Welsh emissions account, expressed as a percentage below the baseline (an “interim emissions target”).

(2)The Welsh Ministers must ensure that the net Welsh emissions account for each interim target year does not exceed the interim emissions target for that year.

(3)The interim target years are 2020, 2030 and 2040.

(4)The Welsh Ministers must set the interim emissions targets before the end of 2018.

31Carbon budgets

(1)For each budgetary period, the Welsh Ministers must by regulations set a maximum total amount for the net Welsh emissions account (a “carbon budget”).

(2)The Welsh Ministers must ensure that the net Welsh emissions account for each budgetary period does not exceed the carbon budget for that period.

(3)The budgetary periods are—

(a)2016 to 2020, and

(b)each succeeding period of five years, ending with 2046 to 2050.

(4)The Welsh Ministers must—

(a)set the carbon budgets for the first two budgetary periods before the end of 2018, and

(b)set the carbon budget for the third and later budgetary periods at least five years before the start of the period in question.

32Emissions targets and carbon budgets: principles

(1)The Welsh Ministers must—

(a)set each interim emissions target at a level that they are satisfied is consistent with meeting the 2050 emissions target, and

(b)set the carbon budget for each budgetary period at a level that they are satisfied is consistent with meeting—

(i)the 2050 emissions target, and

(ii)the interim emissions target for any interim target year that falls within or after that budgetary period.

(2)The Welsh Ministers may not make regulations changing the 2050 emissions target, an interim emissions target or a carbon budget unless at least one of the following conditions is met—

(a)they are satisfied that it is appropriate to make the change as a result of significant developments in—

(i)scientific knowledge about climate change, or

(ii)EU or international law or policy relating to climate change;

(b)the change has been recommended by the advisory body;

(c)the change is in connection with provision made under section 35(1) or 37(2).

(3)When making regulations changing the 2050 emissions target, or setting or changing an interim emissions target or a carbon budget, the Welsh Ministers must have regard to—

(a)the most recent report under section 8 on the state of natural resources in relation to Wales,

(b)the most recent future trends report under section 11 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2),

(c)the most recent report (if any) under section 23 of that Act (future generations report),

(d)scientific knowledge about climate change,

(e)technology relevant to climate change, and

(f)EU and international law and policy relating to climate change (including international agreements on measures designed to limit increases in global average temperatures).

(4)Sections 49 and 50 make provision about advice that the Welsh Ministers must obtain from the advisory body and take into account before making regulations changing the 2050 emissions target or setting or changing an interim emissions target or a carbon budget.