Local air quality management and smoke control guidance

This follows the introduction of the Environment (Air Quality and Soundscapes) (Wales) Act 2024.

Responses to this 07 March 2025 at the latest.

email: airqualitypolicy@gov.wales 

post: 

Air Quality Policy 
Environment Protection Division
Welsh Government
Cathays Park
Cardiff
CF10 3NQ

Large print, Braille and alternative language versions of this document are available 
on request.

The consultation documents can be accessed from the Welsh Government’s website at gov.wales/consultations.

This document is also available in Welsh: https://www.llyw.cymru/canllawiau-rheoli-ansawdd-aer-lleol-rheoli-mwg 

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CARDIFF
CF10 3NQ
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The Environment (Air Quality and Soundscapes) (Wales) Act 2024 (‘the 2024 Act’) received Royal Assent in February 2024 and is currently in its implementation phase. The 2024 Act builds on existing legislation and policies, including the Environment Act 1995 and Clean Air Plan for Wales: Healthy Air, Healthy Wales, and aims to improve air quality and reduce the impacts of air pollution on human health, biodiversity, the natural environment and the economy. For the purposes of this consultation, all references to the legislation including the 2024 and the Environment Act 1995 will be referred to as ‘the legislation’.

Once the relevant provisions, section 16, 17 and 18, of the 2024 Act are commenced, the existing guidance to support Local Authorities to discharge their duties will be out of date. Should we commence the provisions without updating the guidance, this could firstly cause confusion and inconsistency in the enforcement of new legislation, as Local Authorities may rely on outdated information that does not reflect the latest legal requirements. 

Secondly, outdated guidance may fail to address new and emerging air quality and soundscape issues, leaving Local Authorities ill-equipped to manage these challenges effectively. 

Lastly, it can undermine public trust and confidence in the regulatory framework. Therefore, it is crucial to ensure that guidance documents are regularly updated to align with current legislation and best practices.

We are revising the guidance on both smoke control and Local Air Quality Management (LAQM) to reflect legislative changes to Local Authority obligations so ensuring Local Authorities can effectively discharge their obligations under the 2024 Act.

Smoke Control

Once commenced, the provisions made within the 2024 Act will amend the Clean Air Act 1993 to strengthen existing smoke control legislation. There are currently four smoke control areas in Wales, in parts of Flintshire, Newport, Swansea and Wrexham.

Under the Clean Air Act 1993, it is an offence to emit visible smoke from a chimney and to buy or sell unauthorised fuels in a smoke control area. These amendments will change the way in which breaches of the prohibition on the emission of smoke from chimneys in smoke control areas would be enforced, while retaining the current position in relation to breaches of the prohibition on the acquisition or sale of unauthorised solid fuel.

Currently these breaches are enforced using the criminal law only. Once commenced, the amendments made by the 2024 Act to the Clean Air Act 1993 will:

1. give Local Authorities the power to issue civil penalties in relation to the emission of smoke, so that enforcing the prohibition would be a civil matter, but
2. retain with modifications the current position in terms of the acquisition or sale of unauthorised solid fuel, which would continue to be enforced using the criminal law.

The aim of these amendments is to make enforcement of smoke control orders easier for Local Authorities by changing the burden of proof from the criminal standard (beyond reasonable doubt) to the civil standard (on the balance of probabilities). The provisions are similar in effect to Schedule 1A to the Clean Air Act 1993, which applies in relation to England.

Local Air Quality Management

The Welsh Government published Local Air Quality Guidance for Local Authorities in 2017, intended to support authorities in discharging their obligations under the Environment Act 1995.

Once commenced, the provisions contained within the 2024 Act will embed into Welsh law the duties placed upon Local Authorities with regard to Local Air Quality Measures, obligations which have previously sat under English and Welsh legislation.

The updated draft guidance reflects the amendments to Local Authority obligations and expands on the guidance regarding amendment and revocation of Air Quality Management Areas.

We are now seeking contributions on whether the draft guidance documents included in this consultation accurately capture the information required for Local Authorities to discharge their obligations within the 2024 Act. 

Your name: Organisation (if applicable): 

email/telephone number: 

Your address: 

Local Air Quality Management (LAQM) Guidance

Question 1

To what extent do you agree that these proposed guidance documents capture what Local Authorities need to assist them in discharging the Local Air Quality Management obligations? 

Question 2

Are there any areas not yet covered by the proposed LAQM guidance documents which would further enable Local Authorities to discharge the Local Air Quality Management obligations within the legislation?

Question 3

Are there any challenges within the LAQM guidance that render the timescales and obligations set unachievable or inappropriate?

Smoke Control Guidance

Question 4

To what extent are you satisfied that the proposed guidance documents enable you to discharge your obligations under the Clean Air Act 1993, as amended by the Environment (Air Quality and Soundscapes) (Wales) Act 2024? 

Question 5

Are there any areas not yet covered by the proposed guidance documents which would further enable you to discharge your obligations more effectively under the smoke control regime?

Question 6

Do you feel that the timescales and obligations for enforcement set out in the Smoke Control Area Guidance for Local Authorities webpage are achievable and appropriate? If not, please provide details as to what could be changed. 

Question 7

The guidance includes example template documents to assist Local Authorities enforcement activities. Please tell us whether you feel these could be used by Local Authorities, and whether anything further is required to use them effectively? Would you like these included in the final guidance document?

Welsh Language

Question 8

What, in your opinion, would be the likely effects of the guidance on the Welsh language?  We are particularly interested in any likely effects on opportunities to use the Welsh language and on not treating the Welsh language less favourably than English. 

• Do you think that there are opportunities to promote any positive effects?
• Do you think that there are opportunities to mitigate any adverse effects?  

Question 9

In your opinion, could the guidance be formulated or changed so as to:

• have positive effects or more positive effects on using the Welsh language and on not treating the Welsh language less favourably than English; or 
• mitigate any negative effects on using the Welsh language and on not treating the Welsh language less favourably than English?

Question 10

We have asked a number of specific questions. If you have any related issues which we have not specifically addressed, please use this space to report them:

Please use the consultation response form to respond to the above questions.