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Statutory Instruments made by the National Assembly for Wales


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URL: http://www.bailii.org/wales/legis/num_reg/2006/20060768e.html

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STATUTORY INSTRUMENTS


2006 No. 768 (W.75) (C.18)

ENVIRONMENTAL PROTECTION, WALES

The Clean Neighbourhoods and Environment Act 2005 (Commencement No.1 and Savings) (Wales) Order 2006

  Made 15 March 2006 

The National Assembly for Wales ("the National Assembly"), in exercise of the powers conferred upon it by section 108(1)(b), (2) and (5) of the Clean Neighbourhoods and Environment Act 2005 ("the 2005 Act")[1], makes the following Order:

Title, application and interpretation
     1. —(1) The title of this Order is the Clean Neighbourhoods and Environment Act 2005 (Commencement No.1 and Savings) (Wales) Order 2006.

    (2) This Order applies in relation to Wales.

    (3) In this Order, "the 1990 Act" means the Environment Protection Act 1990[
2].

Provisions of the 2005 Act coming into force on 16 March 2006
     2. The following provisions of the 2005 Act come into force on 16 March 2006—

Provisions of the 2005 Act coming into force for certain purposes on 16 March 2006
     3. So much of the following provisions as confers on the National Assembly a power or imposes a duty to make or make provision by regulations or orders, or to give directions or give or issue guidance, or make provision with respect to the exercise of any such power or performance of any such duty, comes into force on 16 March 2006—

Provisions of the 2005 Act coming into force on the date on which the Contaminated Land (Wales) Regulations 2006 come into force
    
4. The following provisions of the 2005 Act come into force on the coming into force of the[e] Contaminated Land (Wales) Regulations 2006.

Savings
     5. —(1) Notwithstanding their repeal by section 47 of, and Part 4 of Schedule 5 to, the 2005 Act, section 32 (as read with section 30(5)) of, and Part 2 of Schedule 2 to, the 1990 Act continue to have effect for the purposes of regulating the—

    (2) In paragraph (1), "waste disposal authority" has the meaning given to it in section 30(2) of the 1990 Act and "control" has the meaning given to it in section 32(11) of that Act.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[
3]


D. Elis-Thomas
The Presiding Officer of the National Assembly

15 March 2006



EXPLANATORY NOTE

(This note is not part of the Order)


This Order brings into force the following provisions of the Clean Neighbourhoods and Environment Act 2005 ("the 2005 Act") on 16 March 2006—

This Order also brings into force, on the date on which the Contaminated Land (Wales) Regulations 2006 come into force, section 104 (insofar as it is not brought into force by this Order on 16 March 2006) of, and Part 10 of Schedule 5 to, the 2005 Act.

Article 2 of this Order—

Article 3 of this Order brings into force a number of provisions of the 2005 Act to the extent that they enable the National Assembly to make, give or issue subordinate legislation (or to make provision by such means).

Article 4 of this Order brings section 104 of the 2005 Act into force (insofar as it is not already in force by virtue of article 3 of this Order). Section 104 amends the arrangements for appeals against remediation notices served under section 78E of the Environmental Protection Act 1990, and brings into force the related repeal in Part 10 of Schedule 5 to the 2005 Act.

Article 5 of this Order makes a saving relating to the commencement of section 47 of the 2005 Act.


Notes:

[1] 2005 c.16.back

[2] 1990 c.43.back

[3] 1998 c.38.back



Cymraeg (Welsh)


[a] Amended by Correction Slip. Page 2, Welsh language version, in the Explanatory Note, the second paragraph (c), line four; "i Deddf 2005); ac" should read, "i Ddeddf 2005); ac";

[b] Amended by Correction Slip. Page 3, Welsh language version, article 2(ch); "y diddymiad i Ddeddf 1990" should read, "y diddymiadau i Ddeddf 1990";

[c] Amended by Correction Slip. Page 3, English language version, article 2(b), line six; "Part 2 of the 1990 Act;" should read, "Part 2 of the 1990 Act);"; back

[d] Amended by Correction Slip. Page 3, English language version, article 2(c), line two; "amendments);" should read, "amendments),"; and back

[e] Amended by Correction Slip. Page 4, English language version; article 4 should read, "The following provisions of 2005 Act come into force on the coming into force of the Contaminated Land (Wales) Regulations 2006-". back




ISBN 0 11 091300 0


 © Crown copyright 2006

Prepared 24 March 2006


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URL: http://www.bailii.org/wales/legis/num_reg/2006/20060768e.html