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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Air Quality (Wales) Regulations 2000 URL: http://www.bailii.org/wales/legis/num_reg/2000/20001940e.html |
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The National Assembly for Wales makes the following Regulations, in exercise of the powers conferred on the Secretary of State by sections 87(1) and (2) and 91(1) of the Environment Act 1995[1] and of all other powers enabling him in that behalf and now vested in the National Assembly for Wales[2], having, in accordance with section 87(7) of that Act, consulted the Environment Agency, such bodies or persons appearing to the National Assembly to be representative of the interests of local government and of industry as it considers appropriate, and such other bodies or persons as it considers appropriate: Citation, commencement and application. 1. - (1) These Regulations may be cited as the Air Quality (Wales) Regulations 2000 and shall come into force on 1 August 2000. (2) These Regulations apply to Wales only. Interpretation 2. - (1) In these Regulations,
(2) The provisions of Part II of the Schedule shall have effect for the purpose of the interpretation of the Schedule.
(b) at which members of the public are regularly present.
Revocation
Interpretation For the purposes of this Schedule: 1. - (1) A running annual mean is a mean which is calculated on an hourly basis, yielding one running annual mean per hour. The running annual mean for a substance at a particular location for a particular hour is the mean of the hourly levels for that substance at that location for that hour and the preceding 8759 hours. (2) For the purpose of the calculation of a running annual mean, the hourly level for a substance at a particular location is either:
(b) the mean of the levels recorded at that location on the basis of 2 or more samples of air taken during the hour for an aggregate period of at least 30 minutes.
2.
A running 8 hour mean is a mean which is calculated on an hourly basis, yielding one running 8 hour mean per hour. The running 8 hour mean for a substance at a particular location for a particular hour is the mean of the hourly means for that substance at that location for that hour and the preceding 7 hours.
(b) in the case of nitrogen dioxide, the mean of the hourly means for that year; and (c) in the case of PM10, the mean of the 24 hour means for that year.
(2) For the purpose of the calculation of the annual mean for lead, the daily level for lead at a particular location for a particular day is the level at which lead is recorded as being present in the air at that location during the week in which the day occurs on the basis of a continuous sample of air taken throughout that week (each day in that week therefore being attributed with the same daily level). (This note is not part of the Regulations) Part IV of the Environment Act 1995 ("the 1995 Act") requires county and county borough councils in Wales to review the quality of air within their area. The reviews have to consider the air quality for the time being and the likely future air quality during the "relevant period" (a period to be prescribed by regulations). Such reviews have to be accompanied by an assessment of whether any air quality standards or objectives, as prescribed by regulations, are being achieved or are likely to be achieved within the relevant period. These Regulations, which come into force on 1 August 2000, prescribe the relevant period referred to above (regulation 3) and the air quality objectives to be achieved by the end of that period (regulation 4 and the Schedule). The objectives are the same as those set out in the Air Quality Strategy for England, Scotland, Wales and Northern Ireland (Cm 4548, January 2000) and published by the National Assembly for Wales in accordance with section 80 of the 1995 Act. Where any of the air quality objectives prescribed by these Regulations are not likely to be achieved within any part of a council's area within the relevant period, the council concerned will have to designate that part of its area as an air quality management area (section 83(1) of the 1995 Act). An action plan covering the designated area will then have to be prepared setting out how the council intends to exercise its powers in relation to the designated area in pursuit of the achievement of the prescribed objectives (section 84(2) of the 1995 Act). These Regulations revoke the Air Quality Regulations 1997. Those Regulations applied to Great Britain but have already been revoked in relation to Scotland by the Air Quality (Scotland) Regulations 2000 (S.S.I. 2000/97) and in relation to England by the Air Quality (England) Regulations 2000 (S.I. 2000/928). Notes: [1] 1995 c.25. See the definition of "prescribed", "regulations" and "the relevant period" in section 91(1) of the Environment Act 1995 ("the 1995 Act").back [2] The functions of the Secretary of State under sections 87 and 91 of the 1995 Act are transferred 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) to which there are amendments not relevant to these Regulations.back [3] See sections 82 to 85 of the 1995 Act.back [4] S.I. 1997/3043. These Regulations, which applied to Great Britain, were revoked in relation to Scotland by S.S.I. 2000/97 and in relation to England by S.I. 2000/928.back
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