Newsletter of the Interim Environmental Protection Assessor (IEPAW) for Wales: Spring 2026

We are pleased to welcome our newest deputy, William Wilson who joined our team in December 2025. William replaces our former deputy, Anna Heslop who moved to pastures new in September 2025. William is an experienced environmental, energy and climate lawyer. He has worked in government, private practice and consulting. 

We are also pleased to welcome Isabelle Metcalfe, a new member to our secretariat team. Isabelle has an MSc in Ethnobotany and a background in pesticide compliance and is providing support in place of Tim Morris who completed his contract last summer.

Following scrutiny by the Climate Change, Environment and Infrastructure Committee, the Welsh Government published the Environment (Principles, Governance and Biodiversity Targets) (Wales) Bill in November of last year, with a number of our recommendations reflected in the legislation, demonstrating the positive impact of the IEPAW’s contribution to strengthening environmental governance in Wales.

Since our previous newsletter, we have published more reports, gaining largely positive responses from the Minister for Climate Change and Rural Affairs, Mr Huw Irranca Davies and from the stakeholder community. 

Trees and Woodlands

Our report on trees and woodlands, published in October last year, is recommending urgent reforms to close critical gaps in the legislation and enforcement framework protecting trees and woodlands in Wales. We recommended urgent reforms, including:

• Stronger enforcement action against unauthorised felling
• Improved national monitoring of tree loss
• Enhanced protection for ancient woodlands
• Specialist support within councils 
• Exploring automatic protection for ancient trees.

These recommendations aim to strengthen legal protections and safeguard some of Wales’s most valuable natural assets from outdated legislation and weak enforcement.

Protected Sites

Our Protected Sites Report, published earlier this year, urged action to be taken around significant concerns regarding the monitoring and condition of Sites of Special Scientific Interest (SSSIs) in Wales. Our report noted the17 year gap between 2020 and 2003 of full assessments of protected sites, resulting in approximately half of SSSI features being recorded as in “unknown” condition due to insufficient evidence

Only 20% of assessed sites were found to be in favourable condition, with 30% in unfavourable condition and 50% not achieving their desired state. Our report also noted that 97% of SSSIs were designated prior to updated guidelines introduced in 2013, meaning the current protected sites network was not designed as a coherent system capable of supporting long term nature recovery.

The report makes 19 recommendations, structured around five key themes:

• Improved monitoring and evidence gathering for protected sites
• Establishing robust baselines for nature recovery on damaged sites
• Developing a strategic, costed action plan to restore SSSIs to favourable condition, aligned with the Environment Bill
• Extending the availability of civil sanctions
• Expanding and adequately resourcing Land Management Agreements to support long term conservation outcomes

Advice to Ministers

Special Protection Areas (SPAs)

We received a submission concerning the management of Special Protection Areas (SPAs). While we are not able to investigate breaches of environmental law or incidences of non compliance, advice was provided to Welsh Ministers on this issue. Furthermore, SPAs are also considered in our report on the functioning of environmental law relating to the management and protection of protected sites in Wales.

The Aarhus Convention

The Aarhus Convention grants public rights to environmental information, participation, and access to justice. We received a submission claiming the Wales Environment Bill would not meet its objectives without incorporating the ‘Aarhus principles.’ IEPAW advised Ministers to include judicial review and intervention rights in the Bill and recommended that the Welsh Government collaborate with the MOJ in the next Senedd term to amend the Act, explicitly allowing OEGW to apply for judicial review in Wales. We were pleased to hear that a reference to judicial review is being added to the Explanatory Memorandum to the Act.

Water

Work on our report on Water Quality in Wales continues. The investigation has been complex, with the scope expanding as evidence has developed resulting in a diverse piece of work which aims to look at the key elements affecting freshwater in Wales. We are working towards publishing conclusions and recommendations by the end of the year.

Contaminated Land

We received a number of submissions relating to contaminated land and continue to work on this report maintaining a heavy focus on the role of environmental law in addressing the issues raised. 

Marine Environment

We are undertaking an investigation into marine environmental protection in Wales. A submission from the RSPB highlighted concerns that insufficient priority and resources have been allocated to delivering an ecologically coherent network of Marine Protected Areas (MPAs). Particular issues relate to gaps in legislative delivery and limited capacity within Welsh Government marine teams. We intend to publish a report on this topic in due course.

We received a submission questioning why the legislation on Conservation Covenants has not been implemented in Wales. We explained that although the relevant legislation extends to England and Wales, it only applies in England. It could be introduced in Wales but this would be a policy decision for Welsh Government and, therefore, outside the remit of IEPAW.

Unfortunately, we continue to receive submissions on other matters that fall outside our remit, often relating to possible breaches and or individual cases which we have no powers to investigate. We nevertheless welcome submissions via our online process, subject to the remit set out in our Terms of Reference which can be viewed on the links provided. 

IEPAW Terms of Reference and remit explained

IEPAW report on Controlled Burning

In March 2026, IEPAW and the RSPB met with stakeholders at Lake Vyrnwy following a submission from Wild Cymru to investigate controlled burning practices regulated under The Heather and Grass etc. Burning (Wales) Regulations 2008. The visit provided key insights on issues with data collection and legislative application such as distinguishing controlled burns that have gone out of control from arson incidents.

The discussion highlighted regional variations in the caused of wildfires across Wales and examined how controlled burning can escalate into wildfire events. Participants reviewed the existing legislation, potential improvements to regulatory processes and compared approaches used elsewhere in the UK. The session also recognised the value of Wales’s collaborative approach and the success of community funded initiatives in reducing wildfire risk.

On Friday 17 March 2026, IEPAW hosted a stakeholder meeting involving representatives from Defra, the Office for Environmental Protection and Welsh Government. Discussions focused on marine conservation and strategic alignment across organisations. 

The workshop provided valuable insight into government processes and supported cross boarder collaboration. It also assisted us in refining the scope of our ongoing water quality investigation.

IEPAW will be attending the Royal Welsh Agricultural Society Show on Thursday 23 July 2026. We will host an expert panel discussion with Derek Walker, Future Generations Commissioner for Wales, members of our team and other experts to be confirmed. The event will focus on our ongoing water quality investigation and shared ambitions for cleaner water in Wales.

IEPAW@gov.wales 

If you have concerns about the functioning of environmental law in Wales, find information on how to raise your concern by searching: IEPAW

In the Autumn, IEPAW are hoping to be involved in an event based on the hedgerows report, to be hosted by the Environmental Law Foundation and Cardiff University. We are also working with UKELA Wales working group on a discussion even on our ongoing work on the water report.