PWYLLGOR CRAFFU
DIOGELU’R CYHOEDD A’R AMGYLCHEDD

 

5 GORFFENNAF 2019

 

 

Y DIWEDDARAF AM Y CYNNYDD A WNAED WRTH GYFLWYNO BLAEN-GYNLLUN DEDDF YR AMGYLCHEDD CYNGOR SIR CAERFYRDDIN

Ystyried y materion canlynol a chyflwyno sylwadau arnynt:

 

Bod y Pwyllgor yn nodi’r cynnydd a wnaed wrth gyflwyno Blaen-gynllun Deddf yr Amgylchedd 2017 y Cyngor.

 

 

Rhesymau:

 

·         Rhoi'r wybodaeth ddiweddaraf i'r Pwyllgor am y cynnydd a wnaed wrth gyflwyno Blaen-gynllun Deddf yr Amgylchedd Cyngor Sir Caerfyrddin a gyhoeddwyd ym mis Mawrth 2017.

·         Yn ogystal â chyhoeddi Blaen-gynllun Deddf yr Amgylchedd, ym mis Rhagfyr 2019 bydd yn ofynnol i gyrff cyhoeddus adrodd ar y modd y maent wedi cyflawni’r Ddyletswydd Bioamrywiaeth a Chydnerthedd Ecosystemau.

 

I’w gyfeirio at y Bwrdd Gweithredol er mwyn penderfynu arno: N/A

Yr Aelod o’r Bwrdd Gweithredol sy’n gyfrifol am y portffolio:

 

Y Cynghorydd Hazel Evans (Yr Amgylchedd) 

 

Y Gyfarwyddiaeth:

Yr Amgylchedd

Enw Pennaeth y Gwasanaeth:

Llinos Quelch

 

Awdur yr Adroddiad:

Rosie Carmichael

 

Swyddi:

 

 

 

 

Pennaeth Cynllunio

 

 

Rheolwr Cadwraeth Cefn Gwlad

 

Rhifau ffôn /E-Bost:

 

 

 

 

01267 228918

LQuelch@sirgar.gov.uk

 

 

01267 228727

RACarmichael@sirgar.gov.uk

 


 

EXECUTIVE SUMMARY

 

ENVIRONMENTAL & PUBLIC PROTECTION

SCRUTINY COMMITTEE

 

5TH JULY 2019

 

UPDATE ON PROGRESS IN DELIVERING CARMARTHENSHIRE COUNTY COUNCIL’S ENVIRONMENT ACT FORWARD PLAN

 

 

Section 6 of the Environment (Wales) Act 2016 replaces and strengthens the previous biodiversity duty under Section 40 of the Natural Environment and Rural Communities (NERC) Act 2006. It states that all public bodies in Wales, when carrying out their functions, must seek to maintain and enhance biodiversity and promote ecosystem resilience.

 

The Act also requires all pubic bodies in Wales to publish an Environment Act Forward Plan setting out how they will evidence that they are delivering this Section 6 duty.

 

Not only are public bodies required to publish their Environment Act Forward Plan, but they will be required, by December 2019, to report to the Welsh Government on how they have met the Section 6 Biodiversity and Resilient Ecosystem Duty set out in the legislation, i.e. how they have delivered their Forward Plan. Ahead of the 2019 reporting, the Scrutiny Committee will be provided an opportunity to monitor the annual report of the progress being made in delivering the Council’s Environment Act Forward Plan.

 

The intention in the legislation is that the duty to forward plan will ensure that all public bodies will be able to demonstrate how they have delivered the Section 6 Biodiversity and Resilient Ecosystems Duty placed on them by the legislation. It is also the intention that the required approach to decision making and ways of working becomes embedded into new or revised working practices. The reporting duty makes public authorities more responsible for demonstrating how their actions have helped enhance biodiversity and ecosystems.

 

Attached is a detailed report of the progress in delivering the 29 actions set out in the Council’s Environment Act Forward Plan 2017. These actions are all monitored twice a year by the Council’s PIMS system. The attached report relates to the December 2018 monitoring period. All actions are on target, with some completed. Some actions have been re-worded, or amalgamated as necessary during the year, in order to make improvements to the plan delivery.

 

The Rural Conservation Section continues to lead on ensuring that the actions in the plan are delivered, and this requires regular liaison with the officers responsible for each action to ensure that all are progressed. This is proving to be an effective approach to delivering the plan, and it is helping to ensure that new ways of working, consistent with the Section 6 duty, are becoming embedded in the Council’s working practices.

 

DETAILED REPORT ATTACHED?

YES

 


IMPLICATIONS

 

 

I confirm that other than those implications which have been agreed with the appropriate Directors / Heads of Service and are referred to in detail below, there are no other implications associated with this report.

 

Signed:  

Llinos Quelch

 

   Head of Planning

 

Policy, Crime & Disorder and Equalities

 

Legal

Finance

ICT

Risk Management Issues

Staffing Implications

Physical Assets

YES

YES

YES

 NONE

YES

NONE

YES

 

1.    Policy, Crime & Disorder and Equalities

 

The plan is consistent with the Council’s Community Strategy, and its Corporate Strategy, as it sets out how the Council will demonstrate, through its actions, that it is maintaining and enhancing the natural environment.

The Biodiversity Duty set out in the Environment Act is consistent with Sustainable Development. The Act states that the Councils has a duty to maintain and enhance biodiversity and promote ecosystem resilience where it is within the proper exercise of its functions. 

 

2. Legal

The preparation of an Environment Act Forward Plan is a requirement placed on public bodies by the Part 1 Section 6 of the Environment (Wales) Act 2016. The Council’s Environment Act Forward Plan must be submitted to the Welsh Government by 31st March 2017.

 

3. Finance

 At this stage the financial implications of delivering the goals set out within the plan have not been calculated as the details of each action remains to be considered.

 

4. ICT

None

 

5. Risk Management

Failing to publish the Forward Plan would result in the authority being non-compliant with the duty placed on public bodies by the Environment (Wales) Act 2016.

 

6. Staffing Implications

None, however, the commitments of staff time in the Forward Plan are expected to be met within existing workloads.

7. Physical Assets 

As a result of implementing goals set out in the Forward Plan there may well be implications for the way in which some Council owned properties are managed, in that greater emphasis may be placed on management that will maintain and enhance biodiversity and promote ecosystem resilience.


 

 

CONSULTATIONS

 

 

I confirm that the appropriate consultations have taken in place and the outcomes are as detailed below:

 

Signed:  

Llinos Quelch

 

Title: Head of Planning

 

 

1.Local Member(s) – N/A

2. Community / Town Councils – N/A

3. Relevant Partners – N/A

4. Staff Side Representatives and other Organisations – N/A

 

Section 100D Local Government Act, 1972 – Access to Information

List of Background Papers used in the preparation of this report:

THESE ARE DETAILED BELOW

 

Title of Document

 

File Ref No.

Locations that the papers are available for public inspection

 

Environment Act Forward Work Plan:-

Minutes and Reports for EB held on 27th March 2017 [Agenda Item 10]

 

 

http://democracy.carmarthenshire.gov.wales/ieListDocuments.aspx?CId=131&MId=698&Ver=4

 

Environment (Wales) Act 2016

 

Biodiversity and Resilience of Ecosystems Duty

 

http://www.legislation.gov.uk/anaw/2016/3/contents/enacted

 

http://gov.wales/docs/desh/publications/160321-biodiversity-and-resilience-of-ecosystems-duty-en.pdf