Commentary on Sections Part 1 – Air quality Chapter 1 – National targets Section 3 – Target-setting process
17.This section sets out the process that the Welsh Ministers must follow before setting, amending or revoking a long-term air quality target under section 1 and before setting or amending a PM2.5 air quality target under section 2. Neither a target set to comply with the duty in section 1(2) nor a PM2.5 air quality target can be revoked by regulations made under section 1 or 2 respectively (see subsections (7) and (8)).
18.Pursuant to subsection (1), before making regulations under sections 1 or 2 the Welsh Ministers must: (a) seek advice from persons they consider to be independent and have relevant expertise; and (b) have regard to scientific knowledge on air pollution. This could include, for example, international evidence on the health and environmental effects of air pollution and the economic, technical and social analyses, and the feasibility of meeting targets.
19.Under subsection (2), before making regulations that set or amend a target in respect of a particular pollutant, the Welsh Ministers must have regard to any guidelines for that pollutant published by the World Health Organisation in its most recent global air quality guidelines.
20.Subsection (3) requires the Welsh Ministers to set targets they are satisfied can be met. This applies to a target or targets set under the first exercise of the powers under sections 1 and 2 and to any amended targets that are set using those powers. Subsection (9) provides that a target is met if the specified standard is achieved by the specified date.
21.Subsections (4) to (8) set out the process that must be followed in order to revoke or lower a target that has been set under section 1 or 2. Subsection (6) explains that a target is lowered if it replaces the specified standard with a lower standard or replaces the specified date with a later date.
22.Pursuant to subsection (4), the Welsh Ministers can only revoke or lower an existing target if they are satisfied that (a) meeting the existing target would have no significant benefit compared with not meeting it or meeting a lower target; or (b) because of changes in circumstances since the existing target was set or last amended the environmental, social, economic, or other costs of meeting it would be disproportionate to the benefits.
23.Meeting a target may have no significant benefit. For example, if meeting it was anticipated to generate a health benefit, and new scientific evidence has now demonstrated that the same health benefit is achievable through meeting a revised or entirely new target. Alternatively, the new scientific evidence may demonstrate that the anticipated health benefit is no longer expected.
24.A change in circumstances may, for example, occur as a result of unforeseen reductions in international emission reduction ambitions, assumed when the targets were set, affecting pollutant levels in Wales. This may significantly reduce the ability of actions taken in Wales to achieve a target, or disproportionately increase the associated costs.
25.Subsection (5) requires that before lowering or revoking a target, the Welsh Ministers must publish and lay before Senedd Cymru a statement that explains why they are satisfied that at least one of the grounds in subsection (4) has been met.
26.Subsection (10) requires the Welsh Ministers to lay a draft statutory instrument containing the regulations required by section 1(2) before Senedd Cymru before the end of the period of 6 years beginning with the date on which this Act receives Royal Assent.
27.Subsection (11) requires the Welsh Ministers to lay a draft statutory instrument containing regulations setting a PM2.5 target before Senedd Cymru before the end of the period of 3 years beginning with the date on which this Act receives Royal Assent.