The following Corporate Crime practice note produced in partnership with Christopher Badger of 6 Pump Court and Christian Jowett of 30 Park Place, Cardiff and 36 Group, 36 Commercial, London provides comprehensive and up to date legal information covering:
Natural Resources Wales (NRW) is the principal regulator responsible for the enforcement of environmental law and the prosecution of environmental crime in Wales.
The Environment Agency (EA) was set up as a corporate body in 1996 under the Environment Act 1995 (EA 1995). For information about the powers of the EA to investigate criminal offences, see Practice Note: Environment Agency—powers to investigate environmental crime.
Under the devolution settlement, most ministerial functions relating to the functioning of EA in Wales were transferred to Environment Agency Wales (EAW). EAW became an executive Welsh Government sponsored body (at the time, Assembly Sponsored public body), remaining part of EA England and Wales, but directly funded by the Welsh Government.
On 1 April 2013, NRW took over the functions of EAW. NRW was created by article 3 of the Natural Resources Body for Wales (Establishment) Order 2012, SI 2012/1903 (the Establishment Order). NRW assumed the responsibilities of EAW, Countryside Council for Wales and Forestry Commission Wales by virtue of the Natural Resources Body for Wales (Functions) Order 2013, SI 2013/755 (the Functions Order).
Article 2 of the Establishment Order sets out that NRW, like the EA, must exercise its pollution control powers as set out in EA 1995, s 5:
‘(1) ...for the purpose of preventing or minimising, or remedying or mitigating the effects of, pollution of the
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