Why Wales needs a stronger environmental principles, governance and biodiversity Bill

Wales Environment Link

Wales stands at an environmental crossroads. Our shared natural heritage, once rich in wildlife, is under unprecedented pressure.

Species like the fen orchid and hen harrier are vanishing, and our landscapes, seascapes, and the natural processes underpinning them – and supporting us – are degrading at an alarming rate.

There’s been a 20% decline in the average abundance of terrestrial and freshwater species over the last three decades.

In response, the Welsh Government has introduced the Environment (Principles,
Governance and Biodiversity Targets) (Wales) Bill, offering a once-in-a-generation opportunity to embed environmental recovery into law.

This Bill isn’t just timely, it’s essential.

It’s our chance to put nature on an equal footing with climate change in Welsh law, with legal targets to improve nature to sit alongside the legal targets to reduce carbon emissions.

As highlighted in Wales Environment Link’s (WEL) briefings, the vision is clear: Cymru Natur Bositif | Nature Positive Wales.

This means halting and reversing nature loss by 2030 to set it on a path to recovery so that by 2050 nature is thriving.

The Bill, long in the making, is welcome and will create a legal foundation for this important journey for present and future generations.

Solid

It is encouraging to see the Bill placed before the Senedd and to begin examining its detail. It is a solid start, and we thank all those who have worked on it to date.

However, it doesn’t yet go far enough to secure a safe, accountable, and enforceable level of protection. Nor does it fully embed the value of a thriving natural environment into all aspects of decision-making.

We must all seize this moment to strengthen the Bill as it progresses through the Senedd.

The Bill has three key parts:

1. Environmental Principles and the Environmental Objective
2. The Office of Environmental Governance Wales (the OEGW)
3. Biodiversity Targets

Embedding Environmental Principles

At its core, the Bill enshrines internationally recognised environmental principles, including prevention, precaution, environmental damage to be rectified at source, and the polluter pays principle, together with a requirement to integrate environmental protection when making policy.

These aren’t abstract ideals – they require Ministers and public bodies to consider how to avoid environmental harm and potentially benefit the environment before they make decisions; to act to prevent damage, and ensure those responsible are held to account when harm occurs.

This should move Wales away from reacting and trying to mitigate damage done to nature, towards preventing damage from happening in the first place.

These environmental principles offer a powerful legal compass. But WEL members are concerned that the duty on Ministers to only apply the principles to policy that could have an impact on the environment is too limited, taking a more lenient approach than the UK and Scottish Governments, where the principles apply to all policy-making.

It’s also unclear whether the duty extends to budget-setting or whether Ministers will need to take account of the principles when deciding where to prioritise government spending.

Ministers are also required to make a statement about how the Principles and new duties work.

This should be in place as quickly as possible after the Bill passes and reviewed 24 to 36 months after each Senedd election, to ensure it always reflects the highest standards in environmental protection.

Independent Governance and Oversight

Since Brexit, the loss of EU oversight has left a significant governance gap. This Bill presents a Welsh-led solution, ensuring environmental law is enforced, not just promised, through the creation of an independent watchdog: the OEGW.

This body will hold Welsh Ministers and public authorities to account on their environmental duties and commitments, restoring trust and ensuring transparency in environmental decision-making.

The Bill currently lacks explicit provisions to safeguard the independence of the OEGW and is too prescriptive about what the body must include in its strategy, creating a risk of future governments limiting scrutiny.

To protect the watchdog’s integrity:

● The Senedd should have greater oversight of appointments to the OEGW’s board.

● Ministers must be legally required to respect the body’s independence and provide adequate funding.

● All aspects of the OEGW’s enforcement powers must remain within its control and not placed in the hands of a government-approved list, which represents a serious design flaw.

Further, to give Welsh citizens the same rights as they previously had under the EU, the

OEGW should have:

● A formal mechanism for members of the public to make complaints and
representations to the OEGW if they think that an environmental law has been
broken.

● A clear purpose to focus on what the public expects its role to be: environmental protection and the improvement of the natural environment.

● A power to cooperate with equivalent environmental governance bodies in the UK.

● An explicit power for the OEGW to intervene in proceedings brought by other parties
(which the OEP and ESS are empowered to do).

● Further clarity on the process for seeking a legal order from the High Court (clause
19).

Biodiversity Targets that Matter

It’s well-known that Wales is one of the most nature-depleted countries in the world, with one in six species here at risk of extinction from our lands. It’s now time we do something about it.

This is why the Bill’s legally binding biodiversity targets are so critical. These should reflect the Global Biodiversity Framework’s focus on species abundance, ecosystem resilience, pollution reduction, and safeguarding genetic diversity.

We are disappointed that the Bill lacks a headline target to drive urgent action. We propose a specific requirement: a target to reverse the decline in species abundance by 2035—ensuring abundance is equal to or greater than its level today and trending upward.

This would embed urgency and provide a measurable North Star for nature recovery. This 2035 target builds on the COP15, 2030 goal of halting and reversing biodiversity loss, agreed by the Welsh Government.

This delivers clearer accountability, demanding proof the work being done to restore biodiversity is effective. A short-term abundance target would send a clear message that immediate action is required—and ensure this Senedd term leaves a lasting legacy for nature.

Importantly, the current three-year window to set targets is far too long. It must be reduced to 12 months post-Royal Assent. Nature can’t wait four more years for statutory targets.

It’s positive the Bill requires Ministers to publish action plans and progress reports as a way to keep delivery on track. But the lack of a defined target duration is a big gap.

The Bill must be clear that both long term and short term, or interim, targets are needed to deliver urgent and enduring action to restore nature.

A chance to lead – but we must get it right

If passed with ambition, this Bill could position Wales as a global leader in environmental governance.

But it must be properly resourced, independently monitored, and effectively implemented, through a Team Wales approach led by Government and involving communities, individuals, local authorities, farmers, foresters, fishers, smallholders, the third sector, businesses, and public bodies, all of whom play vital roles.

This Bill has the potential to be not just legislation, but a legacy. A legacy delivering a thriving, biodiverse Wales with a strong natural heritage for future generations.

Let’s seize this moment. Let’s make the Environment (Principles, Governance and Biodiversity Targets) (Wales) Bill strong, fair, and transformative.

Let’s build a Nature Positive Wales.

Wales Environment Link (WEL) is a network of over 30 environmental organisations working in Wales. 

The public can support work to strengthen the Bill by supporting the RSPB’s E-Action here, and speaking to their MS, asking for a strong Bill to deliver a nature positive Wales