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STATUTORY INSTRUMENTS


2001 No. 3211 (C. 102)

ENVIRONMENTAL PROTECTION, WALES

The Environment Act 1995 (Commencement No. 20 and Saving Provision) (Wales) Order 2001

  Made 14th September 2001 

The Secretary of State for Wales in exercise of the powers conferred upon him by section 125(3) and (4) of the Environment Act 1995[1] hereby makes the following Order:

Citation, interpretation and application
     1.  - (1) This Order may be cited as the Environment Act 1995 (Commencement No. 20 and Saving Provision) (Wales) Order 2001.

    (2) In this Order:

    (3) The provisions of the Environment Act 1995 brought into force by this Order are brought into force for the purposes of their application to Wales only.

     2. The following provisions of the 1995 Act shall (in so far as not already in force) come into force on 15th September 2001: - 

Saving provision
    
3. Where, before 15th September 2001, - 

it, and any proceedings consequent upon any such notice, complaint or order, shall continue to have effect notwithstanding the amendments made to section 79 of the 1990 Act by paragraph 89 of Schedule 22 to the 1995 Act.




Secretary of State for Wales

14th September 2001



EXPLANATORY NOTE

(This note is not part of the Order)


Article 2 of this Order brings various provisions of the Environment Act 1995 ("the 1995 Act") into force in respect of Wales on 15th September 2001.

Article 2(a) brings into force section 57 of the 1995 Act, which inserts a new Part IIA in the Environmental Protection Act 1990 ("the 1990 Act"). Part IIA provides for a regime for the identification and remediation of contaminated land.

Article 2(b) brings into force section 120(1) of the 1995 Act in so far as it relates to the following paragraphs in Schedule 22 - 

Article 2(c) brings into force section 120(3) of the 1995 Act in so far as it relates to the repeal in Schedule 24 of sections 61 and 143 of the 1990 Act.

Article 3 makes saving provision in connection with the commencement of paragraph 89 of Schedule 22 of the 1995 Act.

The Environment Act 1995 (Commencement and Saving Provision) (Wales) Order 2001 (S.I. 2001/2351) (W.191)) was made by the National Assembly for Wales and purported to bring into force the provisions referred to above. The National Assembly for Wales subsequently found it did not have the power to make a commencement order in relation to these provisions. That order therefore had no effect, necessitating the making of the present order.



NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)




Provision Date of Commencement S.I. No.
Section 1 28th July 1995 1995/1983
Section 2 1st April 1996 1996/186
Section 3(1) 1st April 1996 1996/186
Section 3(2) to (8) 28th July 1995 1995/1983
Section 4 28th July 1995 1995/1983
Section 5 1st February 1996 and 1st April 1996 1996/186
Section 6 1st April 1996 1996/186
Section 7 28th July 1995 1995/1983
Section 8 1st April 1996 1996/186
Section 9 28th July 1995 1995/1983
Sections 10 and 11 1st April 1996 1996/186
Section 12 28th July 1995 1995/1983
Sections 13 to 19 1st April 1996 1996/186
Sections 20 to 23 12th October 1995 1995/2649
Sections 25 to 29 1st April 1996 1996/186
Sections 30 to 32 12th October 1995 1995/2649
Sections 33 to 35 1st April 1996 1996/186
Section 36 12th October 1995 1995/2649
Section 37 28th July 1995 and 1st April 1996 1995/1983 and 1996/186
Sections 38 to 40 28th July 1995 1995/1983
Section 41 21st September 1995, 1st February 1996 and 1st April 1996 1995/1983 and 1996/186
Section 42 21st September 1995 1995/1983
Sections 43 to 52 28th July 1995 1995/1983
Sections 53 and 54 1st April 1996 1996/186
Section 55 1st February 1996 and 1st April 1996 1996/186
Section 56 28th July 1995 1995/1983
Section 57 (partially) 21st September 1995 1995/1983
England 1st April 2000 2000/340
Scotland 14th July 2000 S.S.I. 2000/180
Scotland 14th July 2000 2000/1986
Section 58 21st September 1995 and 4th March 1998 1995/1983 and 1998/604
Section 59 12th October 1995 and 1st January 1999 1995/2649 and 1998/3272
Section 60 1st July 1997 and 1st July 1998 1997/1626 and 1998/604
Section 78 and Schedule 10 (partially), with savings 23rd November 1995, 1st April 1996 and 1st April 1997 1995/2950 and 1996/2560
Section 80 1st February 1996 1996/186
Section 81 1st April 1996 1996/186
Sections 82 to 86 23rd December 1997 1997/3044
Sections 87 to 89 1st February 1996 1996/186
Section 90 and Schedule 11 1st February 1996 and 23rd December 1997 1996/186 and 1997/3044
Section 91 1st February 1996 1996/186
Section 92 1st April 1996 1996/186
Sections 93 to 95 21st September 1995 1995/1983
Section 96(1), (5) and (6) and Schedules 13 and 14 (England and Wales) 1st November 1995 1995/2765
Section 96(1), (5) and (6) and Schedules 13 and 14 (Scotland) 1st January 1997 1996/2857
Section 96(2) 1st November 1995 1995/2765
Section 96(3) 1st January 1997 1996/2857
Section 96(4) (partially) 1st November 1995 1995/2765
Section 96(4) (partially) (Scotland) 1st January 1997 1996/2857
Sections 97 to 103 21st September 1995 1995/1983
Section 104 1st April 1996 1996/186
Section 105 and Schedule 15 21st September 1995, 1st February 1996, 1st April 1996 and 1st January 1999 1995/1983 and 1996/186
Sections 106 to 114 1st April 1996 1996/186
Section 115 1st April 1996 1995/2950 and 1996/186
Section 116 and Schedule 21 (partially) 21st September 1995, 1st July 1997 and 8th April 1998 1995/1983, 1997/1626 and 1998/781
Section 117 1st April 1996 1996/186
Section 118(1) to (3), (4) and (5) (partially) and (6) 1st April 1996 1996/186
Section 119 1st April 1996 1996/186
Section 120(1) and Schedule 22 (partially) 21st September 1995 1995/1983
     12th October 1995 1995/2649
     1st February 1996 1996/186
     1st April 1996 1996/2909
     21st November 1996 1997/3044
     31st December 1996 1998/604
     23rd December 1997 1999/803
     1st April 1998 1999/1301
     16th March 1999 1999/1301
     1st April 1999     
     29th April 1999     
England 1st April 2000 and 2000/340
Scotland 14th July 2000 S.S.I. 2000/180
     1st January 2001 S.S.I. 2000/433
Section 120(2) and Schedule 23 (partially) 1st April 1996 and 1st January 1999 1995/1983 and 1996/186
Section 120(3) and Schedule 24 (partially) 21st September 1995 1995/1983
     1st November 1995 1995/2765
     1st February 1996 1996/186
     1st April 1996 1996/2560
     31st December 1996 1996/2857
     1st January 1997 1996/2909
     1st April 1997     
     1st January 1999     
England 1st April 2000 and 2000/340
Scotland 14th July 2000 S.S.I. 2000/180
Section 120(4) to (6) 28th July 1995 1995/1983
Sections 121 to 124 28th July 1995 1995/1983
Paragraph 7(2) of Schedule 7 1st April 1997 1996/2560


Notes:

[1] 1995 c. 25. Some functions of the Secretary of State were transferred in relation to Wales to the National Assembly for Wales by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), but this transfer excluded the commencement powers in section 125 (see article 2(e) of S.I. 1999/672).back

[2] 1990 c. 43.back



ISBN 0 11 029952 3


 © Crown copyright 2001

Prepared 2 October 2001


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