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The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009

Type Welsh-Statutory-Instrument

Publication 2009-12-16

Last updated 2024-12-31

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 16 December 2009

Laid before the National Assembly for Wales: 17 December 2009

Coming into force: 8 January 2010

The Welsh Ministers, having been designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment, in so far as it concerns town and country planning, make the following Regulations:

PART 1 — General

Title, commencement and application

1

(1) The title of these Regulations is the Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009.

(2) These Regulations come into force on 8 January 2010.

(3) These Regulations apply in relation to Wales.

Interpretation

2

(1) Yn y Rheoliadau hyn—

ystyr “ardal sensitif” (“sensitive area”) yw unrhyw un o'r canlynol—tir a hysbyswyd o dan is-adran (1) o adran 28 (ardaloedd o ddiddordeb gwyddonol arbennig) o Ddeddf Bywyd Gwyllt a Chefn Gwlad 1981[^f00003];tir y mae is-adran (3) o adran 29 (gorchmynion cadwraeth natur) o Ddeddf Bywyd Gwyllt a Chefn Gwlad 1981 yn gymwys iddo;ardal y mae paragraff (u)(ii) yn y tabl yn erthygl 10 o'r Gorchymyn yn gymwys iddi;Parc Cenedlaethol o fewn ystyr Deddf Parciau Cenedlaethol a Mynediad i Gefn Gwlad 1949[^f00004];eiddo sy'n ymddangos ar Restr Treftadaeth y Byd a gedwir o dan Erthygl 11(2) o Gonfensiwn UNESCO er Diogelu Treftadaeth Ddiwylliannol a Naturiol y Byd 1972;heneb gofrestredig o fewn ystyr adran 3 o Ddeddf yr Amgylchedd Hanesyddol (Cymru) 2023;ardal o harddwch naturiol eithriadol, a ddynodwyd fel y cyfryw drwy orchymyn a wnaed gan Gorff Adnoddau Naturiol Cymru o dan adran 82 (dynodi ardaloedd) o Ddeddf Cefn Gwlad a Hawliau Tramwy 2000[^f00006] fel y'i cadarnhawyd gan Weinidogion Cymru[^f00007];safle Ewropeaidd o fewn ystyr “European site” yn rheoliad 8 o Reoliadau Cadwraeth Cynefinoedd a Rhywogaethau 2017[^f00012] ;

ystyr “awdurdod cynllunio mwynau perthnasol” (“relevant mineral planning authority”) yw'r corff y mae'n dod i'w ran, neu y byddai'n dod i'w ran oni bai am gyfarwyddyd o dan baragraff—7 o Atodlen 2 i Ddeddf 1991;13 o Atodlen 13 i Ddeddf 1995; neu8 o Atodlen 14 i Ddeddf 1995,i benderfynu'r cais AHGM amhenderfynedig dan sylw;

ystyr “barn gwmpasu” (“scoping opinion”) yw datganiad ysgrifenedig o farn yr awdurdod cynllunio mwynau perthnasol, a fabwysiadwyd yn unol â rheoliad 12 ynglŷn â chwmpas yr wybodaeth y cyfeirir ati yn Rhan I o Atodlen 2 ac y mae'r awdurdod yn credu ei bod yn berthnasol i'r canlynol—priodweddau neilltuol y datblygiad AEA penodol y mae'r farn yn ymwneud ag ef;priodweddau neilltuol datblygiad o'r math sydd o dan sylw;y nodweddion amgylcheddol y mae'n debyg y byddai'r datblygiad AEA yn effeithio arnynt,ac y mae'r awdurdod, o ystyried yn benodol yr wybodaeth a'r dulliau asesu cyfredol, yn credu y gellir yn rhesymol, ei gwneud yn ofynnol ei chrynhoi;

ystyr “cais AEA” (“EIA application”) yw cais AHGM amhenderfynedig am ddatblygiad AEA;

ystyr “cais AHGM” (“ROMP application”) yw cais a wneir i awdurdod cynllunio mwynau perthnasol am benderfynu ar yr amodau y bydd cais cynllunio'n ddarostyngedig iddynt o dan baragraff—2(2) o Atodlen 2 i Ddeddf 1991 (cofrestru hen ganiatadau mwyngloddio);9(1) o Atodlen 13 i Ddeddf 1995 (adolygu hen ganiatadau cynllunio mwynau); neu6(1) o Atodlen 14 i Ddeddf 1995 (adolygiadau cyfnodol o ganiatadau cynllunio mwynau);

ystyr “cais AHGM amhenderfynedig” (“undetermined ROMP application”) yw cais AHGM a wnaed cyn 15 Tachwedd 2000 ac y mae, ar neu ar ôl y dyddiad y daw'r Rheoliadau hyn i rym, i'w benderfynu gan awdurdod cynllunio mwynau perthnasol neu Weinidogion Cymru;

ystyr “cofrestr” (“register”) yw cofrestr a gedwir yn unol ag adran 69 (cofrestrau o geisiadau etc.) ac ystyr “cofrestr briodol” (“appropriate register”) yw'r gofrestr y mae manylion cais AHGM amhenderfynedig yn dod i'w cofnodi ynddi yn rhinwedd adran 69, fel y'i cymhwysir gan reoliad 47(1), a rheoliad 48(1);

ystyr “cyfarwyddyd cwmpasu” (“scoping direction”) yw datganiad ysgrifenedig o farn Gweinidogion Cymru a wnaed yn unol â rheoliad 13, 14 neu 15, ynglŷn â chwmpas yr wybodaeth y cyfeirir ati yn Rhan I o Atodlen 2 y maent yn credu ei bod yn berthnasol i'r canlynol—priodweddau neilltuol y datblygiad AEA penodol y mae'r cyfarwyddyd yn ymwneud ag ef;priodweddau neilltuol datblygiad o'r math sydd o dan sylw;y nodweddion amgylcheddol y mae'n debyg y byddai'r datblygiad AEA yn effeithio arnynt,ac y mae Gweinidogion Cymru, o ystyried yn benodol yr wybodaeth a'r dulliau asesu cyfredol, yn credu y gellir yn rhesymol, ei gwneud yn ofynnol ei chrynhoi;

ystyr “cyfarwyddyd sgrinio” (“screening direction”) yw cyfarwyddyd a roddir yn unol â rheoliad 9 i'r perwyl bod datblygiad AHGM yn ddatblygiad esempt, neu'n unol â rheoliad 11, ynghylch p'un a yw datblygiad AHGM yn ddatblygiad AEA ai peidio;

ystyr “cyfarwyddyd sgrinio cadarnhaol” (“positive screening direction”) yw cyfarwyddyd a roddir yn unol â rheoliad 11, i'r perwyl bod datblygiad AHGM yn ddatblygiad AEA;

ystyr “cyfarwyddyd sgrinio negyddol” (“negative screening direction”) yw cyfarwyddyd a roddir yn unol â rheoliad 9 i'r perwyl bod datblygiad AHGM yn ddatblygiad esempt, neu'n unol â rheoliad 11, i'r perwyl nad yw datblygiad AHGM yn ddatblygiad AEA;

ystyr “y cyrff ymgynghori” (“the consultation bodies”) yw—unrhyw gorff y mae'n ofynnol i'r awdurdod cynllunio mwynau perthnasol ymgynghori ag ef, neu y byddai'n ofynnol iddo ymgynghori ag ef yn rhinwedd erthygl 10 (ymgyngoriadau cyn rhoi caniatâd) o'r Gorchymyn neu unrhyw gyfarwyddyd o dan yr erthygl honno, pe bai cais am ganiatâd cynllunio am y datblygiad dan sylw ger ei fron; ay cyrff canlynol os nad ydynt yn gynwysedig yn rhinwedd is-baragraff (a)—unrhyw brif gyngor ar gyfer yr ardal y lleolir y tir ynddi, os nad hwnnw yw'r awdurdod cynllunio mwynau perthnasol; Corff Adnoddau Naturiol Cymru;...cyrff eraill a ddynodir drwy ddarpariaeth statudol fel rhai sydd â chyfrifoldebau amgylcheddol penodol, ac a ystyrir gan yr awdurdod cynllunio mwynau perthnasol neu gan Weinidogion Cymru, yn ôl y digwydd, yn debygol o fod â diddordeb yn y cais;

ystyr “datblygiad AEA” (“EIA development”) yw datblygiad AHGM nad oes cyfarwyddyd sgrinio negyddol wedi ei roi ynglŷn ag ef;

ystyr “datblygiad AHGM” (“ROMP development”) yw datblygiad sydd eto heb ei gyflawni ac a awdurdodir gan ganiatâd cynllunio sy'n destun cais AHGM amhenderfynedig;

ystyr “datblygiad Atodlen 2” (“Schedule 2 development”) yw datblygiad, ac eithrio datblygiad esempt, o ddisgrifiad a grybwyllir yng Ngholofn 1 o'r tabl yn Atodlen 2 i Reoliadau 1999—pan fo unrhyw ran o'r datblygiad hwnnw i'w gyflawni mewn ardal sensitif; neupan eir dros ben unrhyw drothwy cymwys neu pan fodlonir criterion cymwys yn y rhan gyfatebol o Golofn 2 yn y tabl hwnnw mewn perthynas â'r datblygiad hwnnw;

ystyr “datblygiad esempt” (“exempt development”) yw datblygiad AHGM y rhoddwyd cyfarwyddyd ynglŷn ag ef gan Weinidogion Cymru o dan reoliad 9(1);

ystyr “datblygiad mwynau” (“minerals development”) yw datblygiad sy'n cynnwys ennill a gweithio mwynau, neu ollwng gwastraff mwynau;

ystyr “datblygiad mwynau diawdurdod” (“unauthorised minerals development”) yw datblygiad mwynau a beidiodd â chael ei awdurdodi gan ganiatâd cynllunio, yn unol ag—rheoliad 11(9);rheoliad 12(5);rheoliad 13(10);rheoliad 14(11);rheoliad 15(11);rheoliad 17(8);rheoliad 18(10);rheoliad 18(17);rheoliad 19(2);rheoliad 26(5);rheoliad 27(5);rheoliad 28(7);rheoliad 29(2);

ystyr “datganiad amgylcheddol” (“environmental statement”) yw datganiad—a gyflwynir mewn ffurf briodol;sy'n cynnwys o leiaf yr wybodaeth y cyfeirir ati yn Rhan 2 o Atodlen 2;sy'n cynnwys cymaint o'r wybodaeth y cyfeirir ati yn Rhan 1 o Atodlen 2 ag a bennir yn y penderfyniad cwmpasu perthnasol;

mae i'r ymadrodd “datganiad amgylcheddol drafft” (“draft environmental statement”) yr ystyr a roddir iddo yn rheoliad 17(2), 17(3) ac 17(4);

ystyr “Deddf 1991” (“the 1991 Act”) yw Deddf Cynllunio ac Iawndal 1991 (p.34);

ystyr “Deddf 1995” (“the 1995 Act”) yw Deddf yr Amgylchedd 1995 (p.25);

ystyr “drwy hysbysebu yn lleol” (“by local advertisement”), mewn perthynas â hysbysiad yw—drwy gyhoeddi'r hysbysiad mewn papur newydd sy'n cylchredeg yn y gymdogaeth y lleolir ynddi y tir y mae'r cais neu'r apêl yn ymwneud ag ef; aos yw'r awdurdod cynllunio lleol yn cynnal gwefan at y diben o hysbysebu ceisiadau, drwy gyhoeddi'r hysbysiad ar y wefan honno;

ystyr “dyddiad atal” (“suspension date”) yw'r dyddiad pan fo caniatâd cynllunio, yn unol ag unrhyw un o'r darpariaethau canlynol, yn peidio ag awdurdodi unrhyw ddatblygiad mwynau—rheoliad 11(9);rheoliad 12(5);rheoliad 13(10);rheoliad 14(11);rheoliad 15(11);rheoliad 17(8);rheoliad 18(10);rheoliad 18(17);rheoliad 19(2);rheoliad 26(5);rheoliad 27(5);rheoliad 28(7);rheoliad 29(2);

ystyr “y Ddeddf” (“the Act”) yw Deddf Cynllunio Gwlad a Thref 1990 (p.8) ac y mae cyfeiriadau at adrannau yn gyfeiriadau at adrannau o'r Ddeddf honno;

ystyr “y Gorchymyn” (“the Order”) yw Gorchymyn Cynllunio Gwlad a Thref (Gweithdrefn Datblygu Cyffredinol) 1995[^f00009];

ystyr “gweithredwr” (“operator”), mewn perthynas ag unrhyw gais AHGM amhenderfynedig penodol yw unrhyw berson ac eithrio'r ceisydd neu'r apelydd sydd â hawl i gyflawni unrhyw ran o'r datblygiad AHGM sydd wedi ei awdurdodi drwy'r caniatâd cynllunio y mae'r cais yn ymwneud ag ef;

ystyr “Gwladwriaeth AEE” (“EEA State”) yw Gwladwriaeth sy'n barti yng Nghytundeb yr Ardal Economaidd Ewropeaidd;

ystyr “gwybodaeth amgylcheddol” (“environmental information”) yw'r datganiad amgylcheddol ynghyd ag unrhyw wybodaeth bellach, tystiolaeth, unrhyw wybodaeth arall, unrhyw sylwadau a wneir gan unrhyw gorff y mae'n ofynnol o dan y Rheoliadau hyn ei wahodd i wneud sylwadau, ac unrhyw sylwadau a wneir yn briodol gan unrhyw berson arall am effeithiau amgylcheddol y datblygiad AEA;

ystyr “gwybodaeth bellach” (“further information”) mewn perthynas ag unrhyw gais AEA penodol, yw gwybodaeth a ystyrir, yn rhesymol, gan yr awdurdod cynllunio mwynau perthnasol neu gan Weinidogion Cymru, sydd—yn ymwneud â phrif effeithiau'r datblygiad AEA; neuyn sylweddol berthnasol ar gyfer penderfynu ar yr amodau y bydd y caniatâd cynllunio'n ddarostyngedig iddynt,ac, o ystyried yn benodol yr wybodaeth a'r dulliau asesu cyfredol, y gellir yn rhesymol ei gwneud yn ofynnol ei chrynhoi;

mae i'r ymadrodd “gwybodaeth benodedig” (“specified information”) yr ystyr a roddir iddo yn rheoliad 18(6)(a);

mae i'r ymadrodd “gwybodaeth berthnasol arall” (“other relevant information”) yr ystyr a roddir iddo yn rheoliad 36(5);

mae i'r ymadrodd “gwybodaeth gwmpasu” (“scoping information”) yr ystyr a briodolir iddo yn rheoliadau 12(2), 13(4), 14(5) ac 15(5);

mae i'r ymadrodd “gwybodaeth sgrinio” (“screening information”) yr ystyr a briodolir iddo yn rheoliad 11(3);

ystyr “ ystyr “y Gyfarwyddeb” (“the Directive”) yw Cyfarwyddeb 2011/92/EU Senedd Ewrop a’r Cyngor ar asesu effeithiau prosiectau cyhoeddus a phreifat penodol ar yr amgylchedd fel y’i mabwysiadwyd ar 13 Rhagfyr 2011[^f00011]; ;

ystyr y “penderfyniad cwmpasu perthnasol” (“the relevant scoping decision”) yw pa un bynnag o'r canlynol a fabwysiadwyd neu a wnaed ddiwethaf—y farn gwmpasu a hysbyswyd o dan reoliad 12(7);pan fo'r ceisydd wedi gofyn am gyfarwyddyd cwmpasu yn unol â rheoliad 12(8), y cyfarwyddyd cwmpasu a hysbyswyd yn unol â rheoliad 13(12);y cyfarwyddyd cwmpasu a hysbyswyd yn unol â rheoliad 14(13);unrhyw gyfarwyddyd cwmpasu a hysbyswyd o dan reoliad 15(13);

mae i'r ymadrodd “prif gyngor” (“principal council”) yr ystyr a roddir iddo gan is-adran (1) o adran 270 (darpariaethau cyffredinol ynglŷn â dehongli) o Ddeddf Llywodraeth Leol 1972[^f00011];

ystyr “Rheoliadau 2016” (“the 2016 Regulations”) yw Rheoliadau Cynllunio Gwlad a Thref (Asesu Effeithiau Amgylcheddol) (Cymru) 2016;

ystyr “y tir” (“the land”) yw'r tir y mae'r caniatâd cynllunio sy'n destun y cais AHGM yn ymwneud ag ef neu, os oes mwy nag un cais cynllunio yn destun y cais AHGM, cyfanswm y tir y mae'r caniatadau cynllunio sy'n destun y cais AHGM yn ymwneud ag ef;

mae “unrhyw berson penodol” (“any particular person”) yn cynnwys unrhyw gorff anllywodraethol sy'n hyrwyddo diogelu'r amgylchedd;

ystyr “unrhyw wybodaeth arall” (“any other information”) yw unrhyw wybodaeth o sylwedd a ddarperir gan geisydd, apelydd neu weithredwr sy'n berthnasol i benderfynu'r cais AEA, ac eithrio—gwybodaeth sgrinio;gwybodaeth gwmpasu;gwybodaeth bellach;tystiolaeth.

(2) Mae cyfeiriadau (pa fodd bynnag y'u mynegir) yn y Rheoliadau hyn at atgyfeirio cais at Weinidogion Cymru i'w benderfynu yn gyfeiriadau at atgyfeirio cais at Weinidogion Cymru[^f00012] o dan unrhyw rai o'r canlynol—

(a) paragraff 7(1) o Atodlen 2 i Ddeddf 1991 (atgyfeirio ceisiadau at yr Ysgrifennydd Gwladol);

(b) paragraff 13(1) o Atodlen 13 i Ddeddf 1995 (atgyfeirio ceisiadau at yr Ysgrifennydd Gwladol);

(ch) rheoliad 6 (pwerau diofyn Gweinidogion Cymru).

(3) Mae cyfeiriadau (pa fodd bynnag y'u mynegir) yn y Rheoliadau hyn at apêl yn gyfeiriadau at apêl o dan—

(a) paragraff 5(2) o Atodlen 2 i Ddeddf 1991, paragraff 11(1) o Atodlen 13 i Ddeddf 1995 neu baragraff 9(1) o Atodlen 14 i Ddeddf 1995 (hawl i apelio); neu

(b) y darpariaethau a grybwyllir yn is-baragraff (a) fel y'u cymhwysir gan reoliad 45.

(4) Mae cyfeiriadau yn y Rheoliadau hyn at “atal datblygu mwynau” (“suspension of minerals development”) yn gyfeiriadau at ganiatâd cynllunio yn peidio ag awdurdodi unrhyw ddatblygu mwynau yn unol ag unrhyw rai o'r canlynol—

(a) Rheoliad 11(9);

(b) rheoliad 12(5);

(ch) rheoliad 14(11);

(d) rheoliad 15(11);

(dd) rheoliad 17(8);

(e) rheoliad 18(10);

(f) rheoliad 18(17);

(ff) rheoliad 19(2);

(g) rheoliad 26(5);

(ng) rheoliad 27(5);

(h) rheoliad 28(7);

(i) rheoliad 29(2).

(5) Yn ddarostyngedig i baragraff (6), mae i unrhyw ymadrodd a ddefnyddir yn y Rheoliadau hyn, ac y defnyddir yr ymadrodd Saesneg cyfatebol yn y Rheoliadau hyn ac yn y Ddeddf, yr un ystyr at ddibenion y Rheoliadau hyn ag a roddir i'r ymadrodd Saesneg cyfatebol hwnnw at ddibenion y Ddeddf.

(6) Mae i unrhyw ymadrodd a ddefnyddir yn y Rheoliadau hyn, ac y defnyddir yr ymadrodd Saesneg cyfatebol yn y Rheoliadau hyn ac yn y Gyfarwyddeb (pa un a ddefnyddir ef yn y Ddeddf yn ogystal ai peidio) yr un ystyr at ddibenion y Rheoliadau hyn ag a roddir i'r ymadrodd Saesneg cyfatebol hwnnw at ddibenion y Gyfarwyddeb.

(7) Yn y Rheoliadau hyn mae unrhyw gyfeiriad at Gyfarwyddeb y Cyngor (ac eithrio’r Gyfarwyddeb) yn gyfeiriad at y Gyfarwyddeb honno fel y'i diwygiwyd ar y dyddiad y gwnaed y Rheoliadau hyn.

Prohibition on determination without consideration of environmental information

3

A relevant mineral planning authority or the Welsh Ministers must not determine an EIA application or an appeal in relation to an EIA application unless they have first taken the environmental information into consideration, and they must state in their decision that they have done so.

Guidance by the Welsh Ministers

4

(1) The Welsh Ministers may give guidance to relevant mineral planning authorities as to the exercise of authorities' functions pursuant to these Regulations.

(2) A relevant mineral planning authority must have regard to any guidance given under paragraph (1).

Extension of time periods within which steps must be taken by mineral planning authorities

5

(1) Where a relevant mineral planning authority—

(a) is required to take any step within a period specified under, or agreed in accordance with, these Regulations (“the specified period”); and

(b) reasonably concludes that it will be unable to take the step within the specified period,

the relevant mineral planning authority may make a written request to the Welsh Ministers to make a direction under this regulation.

(2) A request made under paragraph (1) must—

(a) identify the step which the authority is required to take;

(b) state the date by which the authority is required to take the step in question;

(c) be accompanied by a written statement of the authority's reasons for concluding that it will be unable to take the step in question within the specified period;

(d) state a date by which the authority proposes to take the step in question;

(e) be accompanied by a written statement of the authority's reasons for concluding that it will be able to take the step in question by the date stated pursuant to sub-paragraph (d); and

(f) be accompanied either by written confirmation that the relevant mineral planning authority has complied with paragraph (3), or by the authority's written explanation as to why it was unable, or why it was not possible, to comply with that paragraph.

(3) Before submitting a request under paragraph (1) a relevant mineral planning authority must notify the applicant in writing—

(a) of its intention to submit a request to the Welsh Ministers under paragraph (1);

(b) of the matters set out in paragraph (2) (other than the matter referred to in paragraph (2)(f));

(c) that the applicant may submit representations to the Welsh Ministers within 14 days of the date of the notification; and

(d) the effect of paragraph (10).

(4) The Welsh Ministers may make a direction under this regulation specifying an alternative period within which the step in question is to be taken if, having considered a request made pursuant to paragraph (1), any representations made by the applicant and such other matters as they consider relevant, the Welsh Ministers are satisfied that—

(a) the relevant mineral planning authority cannot reasonably be required to take the step in question within the specified period; and

(b) the authority's request under paragraph (1) did not arise as a result of any fault or intention of the authority.

(5) The Welsh Ministers must, as soon as reasonably practicable following the making of a direction under paragraph (4), send to the relevant mineral planning authority and to the applicant, a copy of that direction.

(6) If the Welsh Ministers are not satisfied as to both of the matters mentioned in paragraph (4)(a) and (b) they must decline to make a direction under this regulation.

(7) The Welsh Ministers must, as soon as reasonably practicable following the taking of a decision pursuant to paragraph (6), give written notification to the relevant mineral planning authority of that decision and of the reasons for it.

(8) The Welsh Ministers must send a copy of any notification given pursuant to paragraph (7) to the applicant.

(9) A direction made under this regulation may specify such alternative period as the Welsh Ministers consider appropriate.

(10) Upon receipt by the Welsh Ministers of a duly made request under paragraph (1), the specified period within which the step identified pursuant to paragraph (2)(a) is to be taken, is extended until—

(a) where the Welsh Ministers make a direction specifying an alternative period, the date on which that alternative period expires; or

(b) where the Welsh Ministers decline to make a direction under this regulation, the date falling 14 days after the latest of the following dates–

(i) the date on which the specified period ends;

(ii) the date on which written notification is given pursuant to paragraph (7);

(iii) the date on which any copy of a written notification is sent to the applicant pursuant to paragraph (8).

(11) A direction made under this regulation may be amended or revoked by a further direction.

(12) The Welsh Ministers must notify the mineral planning authority and the applicant of any direction, or decision to decline to make a direction, made under this regulation.

Default powers of the Welsh Ministers

6

(1) Where, in relation to an EIA application, a relevant mineral planning authority–

(a) is required to take any step within a particular period; and

(b) does not take the step in question within the particular period,

the Welsh Ministers may direct that the EIA application in question be referred to them instead of being dealt with by the relevant mineral planning authority.

(2) Where the Welsh Ministers have given a direction under this regulation and the circumstances mentioned in paragraph (3) apply, the Welsh Ministers may recover from the relevant mineral planning authority such costs or expenses as they have reasonably incurred in dealing with the EIA application to which the direction relates.

(3) The circumstances referred to in paragraph (2) are that the Welsh Ministers consider on the evidence available to them, that the failure of the authority to take the step in question within the particular period was brought about as a result of the fault or intention of the relevant mineral planning authority.

(4) Before giving a direction under this regulation the Welsh Ministers must consult the relevant mineral planning authority and the applicant.

(5) Any EIA application in respect of which a direction under this regulation is given must be referred to the Welsh Ministers accordingly.

(6) For the purposes of this regulation the reference to a particular period is a reference to any of the following—

(a) a period specified under these Regulations;

(b) a period agreed in writing in accordance with the provisions of these Regulations;

(c) where a relevant mineral planning authority has made a written request under regulation 5(1), the period calculated in accordance with regulation 5(10).

(7) Before determining the application the Welsh Ministers may, if either the applicant or the relevant mineral planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Welsh Ministers for the purpose.

(8) The decision of the Welsh Ministers on the application is final.

(9) The powers conferred by this regulation are in addition to, and not in derogation from, any other powers of the Welsh Ministers including in particular, the power conferred by section 77.

Welsh Ministers' powers to require returns from relevant mineral planning authorities

7

(1) The Welsh Ministers may by notice in writing, require a relevant mineral planning authority to provide such information in relation to the exercise of the authority's functions under these Regulations as the Welsh Ministers consider appropriate.

(2) Information required in accordance with a written notification given under paragraph (1) must be provided by a relevant mineral planning authority within such period as may be specified in the notice, or within such longer period as may be agreed in writing with the Welsh Ministers.

Format of environmental statements, information, evidence etc.

8

An environmental statement and any further information or evidence required to be submitted under these Regulations must be submitted in paper and electronic format and references to copies of any such statement, information or evidence are to be construed accordingly.

PART 2 — Screening

General provisions relating to screening

9

(1) Without prejudice to regulation 52, the Welsh Ministers may direct that particular ROMP development is exempted from the application of these Regulations ....

(2) Where a direction is given under paragraph (1), the Welsh Ministers must—

(a) send a copy of any such direction to the relevant mineral planning authority and to the applicant or appellant;

(b) make available to the public the information considered in making the direction and the reasons for making the direction;

(d) take such steps as they consider appropriate to bring the information obtained under the other form of assessment to the attention of the public.

(3) Where the Welsh Ministers are to decide under these Regulations whether ROMP development is EIA development the Welsh Ministers must take into account in making that decision such of the selection criteria set out in Schedule 1 as are relevant to the development.

(4) Where the Welsh Ministers make a screening direction under these Regulations—

(a) that direction must be accompanied by a written statement giving clearly and precisely the full reasons for the decision comprised in the direction; and

(b) the Welsh Ministers must send a copy of the direction and a copy of the written statement required by sub-paragraph (a) to the applicant or appellant, as the case may be, and to the relevant mineral planning authority.

(5) The Welsh Ministers may make a screening direction irrespective of whether they have received a request to do so.

General screening of ROMP development

10

(1) ROMP development is EIA development.

(2) Any applicant or appellant may, within three weeks of the date on which these Regulations come into force, request the Welsh Ministers to make a screening direction under regulation 11.

Screening directions of the Welsh Ministers

11

(1) An applicant or appellant who, pursuant to regulation 10(2), requests the Welsh Ministers to make a screening direction under this regulation must submit with that request—

(a) a copy of the ROMP application;

(b) a plan sufficient to identify the land;

(d) any representations that the applicant or appellant wishes to make.

(2) An applicant or appellant who makes a request pursuant to regulation 10(2) in connection with an undetermined ROMP application which is before a mineral planning authority for determination, must forthwith, send to the relevant mineral planning authority a copy of that request and of any representations that that person makes to the Welsh Ministers.

(3) The Welsh Ministers must, if they consider that they have not been provided with sufficient information to make a screening direction, notify in writing the applicant, appellant or a relevant operator of the additional information (“screening information”) they require and of the matters set out in paragraph 2 of Schedule 3.

(4) For the purposes of paragraph (3), a relevant operator is any operator which the Welsh Ministers reasonably consider is, or should be, able to provide screening information.

(5) The Welsh Ministers must send a copy of any written notification given under paragraph (3) to the relevant mineral planning authority.

(6) The Welsh Ministers may in writing request the relevant mineral planning authority to provide such information as it can in relation to screening information requested under paragraph (3).

(7) A mineral planning authority to which a request is made under paragraph (6) must, within 3 weeks of the date on which that request is made, or such longer period as is agreed in writing with the Welsh Ministers—

(a) provide such information as it can in relation to the screening information; or

(b) notify the Welsh Ministers in writing of the reasons why it cannot provide any such information.

(8) Screening information required pursuant to written notification given under paragraph (3) must be provided within 3 weeks beginning with the date on which the notification is given, or such longer period as may be agreed in writing with the Welsh Ministers (“the relevant period”).

(9) If screening information required pursuant to written notification given under paragraph (3) is not provided within the relevant period the planning permission to which the undetermined ROMP application relates ceases to authorise any minerals development from the end of the relevant period.

(10) The Welsh Ministers must make a screening direction as soon as reasonably practicable following the latest of the following dates—

(a) the date on which a request pursuant to regulation 10(2) is received;

(b) where the person making the request has been notified pursuant to paragraph (3), the date on which the screening information required is received;

(11) If the ROMP development which is the subject of a screening request made pursuant to regulation 10(2) is development of a type listed in Annex I to the Directive, the Welsh Ministers must direct that that development is EIA development.

(12) The Welsh Ministers must, as soon as reasonably practicable following the making of a screening direction under this regulation, send to the person who made the request—

(a) a copy of the screening direction made; and

(b) where the screening direction is to the effect that the development in question is EIA development, written notification of the matters set out in paragraph 3 of Schedule 3.

(13) The Welsh Ministers may withdraw a written notification given under paragraph (3) at any time before the expiration of the relevant period.

PART 3 — Environmental Statements

CHAPTER 1 — Preparation of Environmental Statements

Scoping opinions of the relevant mineral planning authority

12

(1) A relevant mineral planning authority must adopt a scoping opinion in relation to every EIA application which is before it for determination and comply with paragraph (7)—

(a) where paragraph (2) applies, within 8 weeks of receipt of such scoping information as may be required pursuant to written notification given under that paragraph;

(b) where an applicant has made a request pursuant to regulation 10(2), within 8 weeks of receipt of a copy of a positive screening direction;

(2) If an authority considers that it has not been provided with sufficient information to adopt a scoping opinion it must—

(a) where an applicant has made a request pursuant to regulation 10(2), within 8 weeks of receipt of a copy of a positive screening direction made under that regulation; otherwise

(b) within 8 weeks of the date on which these Regulations come into force;

notify the applicant or a relevant operator in writing of the additional information (“scoping information”) it requires and of the matters set out in paragraph 4 of Schedule 3.

(3) For the purposes of paragraph (2), a relevant operator is any operator which the relevant mineral planning authority reasonably considers is, or should be, able to provide scoping information.

(4) Scoping information required pursuant to written notification given under paragraph (2) must be provided within 3 weeks beginning on the date on which the notification is given or such longer period as may be agreed in writing with the authority (“the relevant period”).

(5) If scoping information required pursuant to written notification given under paragraph (2) is not provided within the relevant period the planning permission to which the EIA application relates ceases to authorise any minerals development from the end of the relevant period.

(6) An authority must not adopt a scoping opinion under paragraph (1) until it has consulted the applicant, any relevant operator notified under paragraph (2) and the consultation bodies.

(7) An authority must send to an applicant—

(a) a copy of its scoping opinion adopted under this regulation; and

(b) written notification of the matters set out in paragraph 5 of Schedule 3.

(8) Where an authority fails to comply with paragraph (7) within the 8 week period applicable in accordance with paragraph (1), the applicant may request the Welsh Ministers to make a scoping direction under regulation 13.

(9) The adoption of a scoping opinion under this regulation does not preclude the relevant mineral planning authority or the Welsh Ministers from giving written notification under regulation 26 (further information) or regulation 27 (evidence).

(10) Where a relevant mineral planning authority receives a copy of a scoping direction pursuant to regulation 13(12) the authority must, within seven days of receipt of the copy, notify the applicant in writing of the matters set out in paragraph 6 of Schedule 3.

(11) A relevant mineral planning authority may withdraw a written notification given under paragraph (2) at any time before the expiration of the relevant period.

Scoping directions of the Welsh Ministers requested under regulation 12(8)

13

(1) An applicant who, pursuant to regulation 12(8), requests the Welsh Ministers to make a scoping direction must submit with that request–

(a) a plan sufficient to identify the land;

(b) a brief description of the nature and purpose of the development and of its possible effects on the environment;

(d) such other information or representations as the applicant may wish to provide or make.

(2) An applicant who makes a request pursuant to regulation 12(8) must send to the relevant mineral planning authority a copy of that request and of any information or representations which the applicant submits to the Welsh Ministers pursuant to paragraph 13(1)(d).

(3) As soon as reasonably practicable—

(a) following receipt of a request made pursuant to regulation 12(8); or

(b) where paragraph (4) applies, following receipt of such scoping information as may be required pursuant to written notification given under that paragraph,

the Welsh Ministers must make a scoping direction in relation to the EIA application which is the subject of the request.

(4) If the Welsh Ministers consider that they have not been provided with sufficient information to make a scoping direction they must, as soon as reasonably practicable following receipt of a request made pursuant to regulation 12(8), notify the applicant or a relevant operator in writing of the additional information (“scoping information”) they require and of the matters set out in paragraph 7 of Schedule 3.

(5) For the purposes of paragraph (4), a relevant operator is any operator which the Welsh Ministers reasonably consider is, or should be, able to provide scoping information.

(6) The Welsh Ministers must send a copy of any notification given under paragraph (4) to the relevant mineral planning authority.

(7) The Welsh Ministers may in writing, request the relevant mineral planning authority to provide such information as it can in relation to scoping information required pursuant to a written notification given under paragraph (4).

(8) A mineral planning authority to which a request is made under paragraph (7) must, within 3 weeks of the date on which that request is made, or such longer period as is agreed in writing with the Welsh Ministers—

(a) provide such information as it can in relation to the scoping information; or

(b) notify the Welsh Ministers in writing of the reasons why it cannot provide any such information.

(9) Scoping information required pursuant to written notification given under paragraph (4) must be provided within 3 weeks beginning with the date on which the notification is given, or such longer period as may be agreed in writing with the Welsh Ministers (“the relevant period”).

(10) If scoping information required pursuant to written notification given under paragraph (4) is not provided within the relevant period the planning permission to which the EIA application relates ceases to authorise any minerals development from the end of the relevant period.

(11) The Welsh Ministers must not make a scoping direction under this regulation until they have consulted the applicant, any relevant operator notified under paragraph (4) and the consultation bodies.

(12) The Welsh Ministers must, as soon as reasonably practicable following the making of a scoping direction under this regulation, send to the applicant and the relevant mineral planning authority a copy of that direction.

(13) The copy of the direction sent to the applicant under paragraph (12) must be accompanied by written notification of the right to challenge the direction and the time period for doing so.

(14) The making of a scoping direction under this regulation does not preclude the Welsh Ministers or a relevant mineral planning authority from giving written notification under regulation 26 (further information) or regulation 27 (evidence).

(15) The Welsh Ministers may withdraw a written notification given under paragraph (4) at any time before the expiration of the relevant period.

Scoping directions of the Welsh Ministers

14

(1) This paragraph applies to every EIA application which, immediately before the date on which these Regulations come into force, is before the Welsh Ministers for determination.

(2) The Welsh Ministers must make a scoping direction in relation to every EIA application to which paragraph (1) applies—

(a) in cases where paragraph (5) applies, as soon as reasonably practicable following receipt of such scoping information as may be required pursuant to written notification given under that paragraph;

(b) where an applicant or appellant has made a request pursuant to regulation 10(2), as soon as reasonably practicable following the making of a positive screening direction;

(3) This paragraph applies to every EIA application referred to the Welsh Ministers for determination on or after the date on which these Regulations come into force and in respect of which—

(a) a copy of a scoping opinion has not been sent to the applicant under regulation 12(7); and

(b) a copy of a screening direction has not been sent to the applicant under regulation 13(12).

(4) The Welsh Ministers must make a scoping direction in relation to every EIA application to which paragraph (3) applies—

(a) as soon as reasonably practicable following the application being so referred; or

(b) where paragraph (5) applies, as soon as reasonably practicable following receipt of such scoping information as may be required pursuant to written notification given under that paragraph.

(5) If the Welsh Ministers consider that they have not been provided with sufficient information to make a scoping direction they must—

(a) in relation to an EIA application to which paragraph (1) applies, as soon as reasonably practicable following the date on which these Regulations come into force; or

(b) in relation to an EIA application to which paragraph (3) applies, as soon as reasonably practicable following the application being so referred,

notify the applicant or appellant or a relevant operator in writing of the additional information (“scoping information”) they require and of the matters set out in paragraph 8 of Schedule 3.

(6) For the purposes of paragraph (5), a relevant operator is any operator which the Welsh Ministers reasonably consider is, or should be, able to provide scoping information.

(7) The Welsh Ministers may in writing, request the relevant mineral planning authority to provide such information as it can in relation to scoping information which is the subject of a written notification under paragraph (5).

(8) A request made pursuant to paragraph (7) must be accompanied by a copy of the notification given under paragraph (5) to which the request relates.

(9) A mineral planning authority to which a request is made under paragraph (7) must, within 3 weeks of the date on which that request is made, or such longer period as is agreed in writing with the Welsh Ministers—

(a) provide such information as it can in relation to the scoping information; or

(b) notify the Welsh Ministers in writing of the reasons why it cannot provide any such information.

(10) Scoping information required pursuant to a written notification given under paragraph (5) must be provided within 3 weeks beginning with the date on which notification under that paragraph is given, or such longer period as may be agreed in writing with the Welsh Ministers (“the relevant period”).

(11) If scoping information required pursuant to written notification given under paragraph (5) is not provided within the relevant period the planning permission to which the EIA application relates ceases to authorise any minerals development from the end of the relevant period.

(12) The Welsh Ministers must not make a scoping direction under paragraph (2) or (4) until they have consulted the applicant or appellant, any relevant operator notified under paragraph (5), and the consultation bodies.

(13) The Welsh Ministers must, as soon as they have made a scoping direction under this regulation, send to the applicant or appellant—

(a) a copy of that direction; and

(b) written notification of the matters set out in paragraph 9 of Schedule 3.

(14) The Welsh Ministers must send a copy of any direction sent, and written notification given, under paragraph (13) to the relevant mineral planning authority.

(15) The making of a scoping direction under this regulation does not preclude the Welsh Ministers from giving written notification under regulation 26 (further information) or 27 (evidence).

(16) The Welsh Ministers may withdraw a written notification given under paragraph (5) at any time before the expiration of the relevant period.

Substitute scoping directions

15

(1) This regulation applies to any EIA application in respect of which all of the following conditions are met—

(a) a relevant scoping decision has been notified;

(b) notification under regulation 18(21) has yet to be been given; and

(2) For the purposes of paragraph (1)(a), a relevant scoping decision has been notified if, in relation to the EIA application in question, the relevant mineral planning authority has complied with regulation 12(7), or the Welsh Ministers have complied with regulation 13(12).

(3) The Welsh Ministers may make a scoping direction in relation to an EIA application to which this regulation applies if they consider it expedient to do so.

(4) A scoping direction made under paragraph (3) replaces, for the purposes of these Regulations–

(a) the scoping opinion adopted under regulation 12; and

(b) any scoping direction made under regulation 13.

(5) If the Welsh Ministers consider that they do not have sufficient information to make a scoping direction under paragraph (3) they must notify the applicant or a relevant operator in writing of the additional information (“scoping information”) they require and of the matters set out in paragraph 10 of Schedule 3.

(6) For the purposes of paragraph (5), a relevant operator is any operator which the Welsh Ministers reasonably consider is, or should be, able to provide scoping information.

(7) The Welsh Ministers may in writing, request the relevant mineral planning authority to provide such information as it can in relation to scoping information required pursuant to a written notification given under paragraph (5).

(8) A request made pursuant to paragraph (7) must be accompanied by a copy of the notification given under paragraph (5) to which the request relates.

(9) A mineral planning authority to which a request is made under paragraph (7) must, within 3 weeks of the date on which that request is made, or such longer period as is agreed in writing with the Welsh Ministers—

(a) provide such information as it can in relation to the scoping information; or

(b) notify the Welsh Ministers in writing of the reasons why it cannot provide any such information.

(10) Scoping information required pursuant to a written notification given under paragraph (5) must be provided within 3 weeks beginning with the date on which notification under that paragraph is given, or such longer period as may be agreed in writing with the Welsh Ministers (“the relevant period”).

(11) If scoping information required pursuant to written notification given under paragraph (5) is not provided within the relevant period the planning permission to which the EIA application relates ceases to authorise any minerals development from the end of the relevant period.

(12) The Welsh Ministers must not make a scoping direction under paragraph (3) until they have consulted the applicant, any relevant operator notified under paragraph (5), and the consultation bodies.

(13) As soon as reasonably practicable following the making of a scoping direction under paragraph (3), the Welsh Ministers must send to the applicant a copy of that direction and written notification of the matters set out in paragraph 11 of Schedule 3.

(14) The Welsh Ministers must send a copy of any scoping direction made under this regulation to the relevant mineral planning authority.

(15) The making of a scoping direction under this regulation does preclude the Welsh Ministers from giving written notification under regulation 26 (further information) or 27 (evidence).

(16) The Welsh Ministers may withdraw a written notification given under paragraph (5) at any time before the expiration of the relevant period.

Procedure to facilitate preparation of environmental statements

16

(1) Subject to paragraph (6), the relevant mineral planning authority must, if requested by a person notified in accordance with regulation 12(7), 13(12), 14(13) or 15(13), enter into consultation with that person to determine whether the authority has in its possession any information which the person or the authority considers relevant to the preparation of the environmental statement and, if it has, the authority must make that information available to that person.

(2) Any person notified in accordance with regulation 12(7), 13(12), 14(13) or 15(13) may give notice in writing to the relevant mineral planning authority or, as the case may be, to the Welsh Ministers, under this paragraph.

(3) A notice under paragraph (2) must include the information necessary to identify the land and the nature and purpose of the EIA development

(4) The recipient of such notice as is mentioned in paragraph (2) must—

(a) notify the consultation bodies in writing of the name and address of the person who gave notice under paragraph (2), and of the duty imposed on the consultation bodies by paragraph (5) to make information available to that person; and

(b) inform in writing the person who gave the notice of the names and addresses of the bodies so notified.

(5) Subject to paragraph (6), any body notified in accordance with paragraph (4)(a) must, if requested by the person identified to the body as being the person who gave notice under paragraph (2), enter into consultation with that person to determine whether the body has in its possession any information which the person or the body considers relevant to the preparation of the environmental statement and, if it has, the body must make that information available to that person.

(6) This regulation does not require the disclosure of any information—

(a) to which the Environmental Information Regulations 2004 apply, where the person holding it would be entitled to withhold it in response to a request made in accordance with those Regulations; or

(b) which in any other case would be exempt information if a request for its disclosure were made in accordance with the Freedom of Information Act 2000 .

(7) A reasonable charge reflecting the cost of making the relevant information available may be made by an authority or body which makes information available in accordance with paragraph (1) or (5).

CHAPTER 2 — Submission of Environmental Statements

Requirement to submit environmental statement

17

(1) An environmental statement must be submitted for every EIA application in connection with which written notification is given pursuant to regulation 12(7), 13(12), 14(13) or 15(13).

(2) An environmental statement required in connection with an EIA application which is before a relevant mineral planning authority for determination must be submitted to that authority in draft (“draft environmental statement”)—

(a) within 16 weeks of the date on which, in accordance with regulation 12(7)(a), a copy of the authority's scoping opinion is sent to the applicant; or

(b) where a scoping direction has been requested pursuant to regulation 12(8), within 16 weeks of the date on which, in accordance with regulation 13(12), a copy of the Welsh Ministers' scoping direction is sent to the applicant,

or such longer period as may be agreed in writing with the authority (“the relevant period”).

(3) An environmental statement required in connection with an EIA application to which regulation 14(1) or 14(3) applies, must be submitted to the Welsh Ministers in draft (a “draft environmental statement”) within 16 weeks of the date of the notification given under regulation 14(13), or such longer period as may be agreed in writing by the Welsh Ministers (“the relevant period”).

(4) An environmental statement required in connection with an EIA application to which regulation 15 applies, must be submitted to the Welsh ministers in draft (a “draft environmental statement”) within 16 weeks of the date of the notification given under regulation 15(13), or such longer period as may be agreed in writing by the Welsh Ministers (“the relevant period”).

(5) This paragraph applies where an EIA application is referred to the Welsh Ministers—

(a) following the date on which a scoping opinion or direction is sent to the applicant pursuant to regulation 12(7)(a) or 13(12); and

(b) before an environmental statement is submitted to a relevant mineral planning authority under this regulation.

(6) Where paragraph (5) applies, the draft environmental statement must be submitted to the Welsh Ministers within 16 weeks of the date on which, the scoping opinion or direction was sent to the applicant pursuant to regulation 12(7)(a) or 13(12), as the case may be, or such longer period as may be agreed in writing by the Welsh Ministers (“the relevant period”).

(7) No more than one draft environmental statement may be accepted by a relevant mineral planning authority or the Welsh Ministers in respect of any EIA application.

(8) If a draft environmental statement is not submitted within the relevant period applicable in accordance with paragraph (2), (3), (4) or (6), the planning permission to which the EIA application relates ceases to authorise any minerals development from the end of the relevant period.

Draft environmental statements: pre-consultation checks

18

(1) A relevant mineral planning authority must, within 3 weeks of receipt of a draft environmental statement, comply with paragraph (3) and give written notification in accordance with one of the following–

(a) paragraph (6);

(b) paragraph (15); or

(2) The Welsh Ministers must, within such period following receipt of a draft environmental statement as they may reasonably require, comply with paragraph (3) and give written notification in accordance with one of the following—

(a) paragraph (6);

(b) paragraph (15); or

Environmental statements: requirement to submit documentary evidence of publication

19

(1) An applicant or appellant notified in accordance with regulation 18(21) must comply with regulation 21 within 6 weeks of the date of the notification given under regulation 18(21), or such longer period as may be agreed in writing with the authority or, as the case may be, the Welsh Ministers (“the relevant period”).

(2) If an applicant or appellant notified in accordance with regulation 18(21) does not comply with regulation 21 within the relevant period, the planning permission to which the EIA application relates ceases to authorise any minerals development from the end of that relevant period.

CHAPTER 3 — Environmental Statements: Consultation and Public Participation

Environmental statements: publicity requirements

20

(1) The applicant or appellant must publish in a local newspaper circulating in the locality in which the land is situated a notice stating–

(a) the name of the person who has applied for or who has appealed in relation to the determination of the conditions to which the planning permission is to be subject, the relevant provisions of the 1991 or 1995 Act pursuant to which the application is made and the name and address of the relevant mineral planning authority;

(b) the date on which the application was made and, if it be the case, that it has been referred to the Welsh Ministers for determination or is the subject of an appeal to them;

(d) that a copy of the application and of any plan and other documents submitted with it together with a copy of the environmental statement may be inspected by members of the public at all reasonable hours;

(e) an address in the locality in which the land is situated at which those documents may be inspected, and the latest date on which they will be available for inspection (being a date not less than 21 days later than the date on which the notice is published);

(f) an address (whether or not the same as that given under sub-paragraph (e)) in the locality in which the land is situated at which copies of the statement may be obtained;

(g) that copies may be obtained there so long as stocks last;

(h) if a charge is to be made for a copy, the amount of the charge;

(i) if further information or evidence has been the subject of a written notification given under regulation 28(8), that a copy of that information or evidence may be inspected by members of the public at all reasonable hours;

(j) if other relevant information has been the subject of publicity under regulation 37, that a copy of that other relevant information may be inspected by members of the public at all reasonable hours;

(k) an address in the locality in which the land is situated at which copies of any information or evidence mentioned in sub-paragraphs (i) and (j) may be inspected;

(l) that any person wishing to make representations about the application should make them in writing to the relevant mineral planning authority or the Welsh Ministers (as the case may be), before the expiration of 21 days from the date of the notice ; and

(m) the address to which representations should be sent.

(2) Where the applicant or appellant has been notified of any particular person who is or is likely to be affected by, or have an interest in the application, the applicant or appellant must serve on every person of whom the applicant has been so notified, a notice; and the notice must contain the information specified in paragraph (1), except that the date specified as the latest date on which the documents will be available for inspection must not be less than 21 days later than the date on which the notice is first served.

(3) The applicant or appellant must, unless the applicant or appellant has not, and was not reasonably able to acquire, such rights as would enable the applicant or appellant to do so, post on the land a notice containing the information specified in paragraph (1), except that the date named as the latest date on which the documents will be available for inspection must be not less than 21 days later than the date on which the notice is first posted.

(4) The notice mentioned in paragraph (3) must–

(a) be left in position for not less than seven days in the 28 days immediately preceding the date on which the certificate required pursuant to regulation 21(2)(b) is submitted; and

(b) be affixed firmly to some object on the land and sited and displayed in such a way as to be easily visible to, and readable by, members of the public without going on to the land.

Documentary evidence to be submitted to a relevant mineral planning authority or the Welsh Ministers following publication of notice of environmental statement

21

(1) An applicant or appellant notified in accordance with regulation 18(21) must submit—

(a) where the notification was given by a relevant mineral planning authority, to that authority;

(b) where the notification was given by a relevant mineral planning authority and before submitting the documents required under this regulation the EIA application in question is referred to the Welsh Ministers for determination, to the Welsh Ministers; or

the documents specified in paragraph (2).

(2) The documents referred to in paragraph (1) are–

(a) a copy of the notice mentioned in regulation 20(1) certified by or on behalf of the applicant or appellant as having been published in a named newspaper on a date specified in the certificate;

(b) a certificate by or on behalf of the applicant or appellant which states either—

(i) that the applicant or appellant has posted a notice on the land in compliance with regulation 20(3) and (4), the date on which the notice was so posted, and that either the notice was left in position for not less than seven days in the 28 days immediately preceding the date on which the certificate is submitted, or that, without any fault or intention on the part of the applicant or appellant, it was removed, obscured or defaced before seven days had elapsed and the applicant or appellant took reasonable steps for its protection or replacement, specifying the steps taken; or

(ii) that the applicant or appellant was unable to comply with regulation 20(3) and (4) because the applicant or appellant did not have the necessary rights to do so; that the applicant or appellant has taken such reasonable steps as are open to the applicant or appellant to acquire those rights; and has been unable to do so, specifying the steps taken; and

(c) where the applicant or appellant has been notified of any particular person who is likely to affected by, or have an interest in, the application, a copy of the notice mentioned in regulation 20(2) certified by or on behalf of the applicant or appellant as having been given to that person on a date specified in the certificate.

(3) If any person issues a certificate which purports to comply with the requirements of paragraph (2)(b) and which contains a statement which that person knows to be false or misleading in any material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in any material particular, that person is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Procedure following notification given under regulation 18(21)

22

(1) An applicant or appellant notified under regulation 18(21) must, within 7 days of the date of that notification, provide to the relevant mineral planning authority or the Welsh Ministers (as the case may be), such number of copies of the environmental statement as are specified in the notice given under that regulation.

(2) A relevant mineral planning authority must, within 14 days of the date of a notice given by it under regulation 18(21)—

(a) send to the Welsh Ministers, two copies of the environmental statement to which the notification relates and a copy of the relevant application and of any documents submitted with the application;

(b) send to each of the consultation bodies a copy of the environmental statement to which the notice relates; and

(c) give written notification to each consultation body stating that any representation it wishes to make in response to the consultation regarding the application must be made in writing to the relevant mineral planning authority within 28 days of the date of the notice (or such longer period as may be agreed between the relevant mineral planning authority and the consultation body).

(3) The Welsh Ministers must, as soon as reasonably practicable following the giving of notice by them under regulation 18(21)—

(a) send to each of the consultation bodies a copy of the environmental statement to which the notification relates;

(b) give written notification to each consultation body stating that any representation it wishes to make in response to the consultation regarding the application must be made in writing to the Welsh Ministers within 28 days of the date of the notice (or such longer period as may be agreed between the Welsh Ministers and the consultation body); and

(4) Where a relevant mineral planning authority or the Welsh Ministers give written notification under regulation 18(21), the authority or, as the case may be, the Welsh Ministers, must suspend consideration of the application or appeal in question until the expiry of the relevant period applicable in accordance with regulation 19(1); and must not determine the application or appeal until the expiry of 21 days following the date on which that relevant period ends.

Availability of copies of environmental statements

23

An applicant or an appellant to whom written notification is given under regulation 18(21) must ensure that a reasonable number of copies of the environmental statement are available at the address named in the notices published or posted pursuant to regulation 20 as the address at which such copies may be obtained.

Provision of copies of environmental statements for the Welsh Ministers on referral or appeal

24

Where an EIA application is referred or appealed to the Welsh Ministers on or after the date on which these Regulations come into force, the Welsh Ministers may by notice in writing, require the applicant to provide such number of copies of the environmental statement as they consider necessary, within such period as is specified in the notice.

Charges for copies of environmental statements

25

A reasonable charge reflecting printing and distribution costs may be made to a member of the public for a copy of an environmental statement made available in accordance with regulation 23.

PART 4 — Further Information, Evidence and Other Information etc.

CHAPTER 4 — Further Information and Evidence

Further information

26

(1) Where a relevant mineral planning authority or the Welsh Ministers reasonably consider that further information is required to properly consider an EIA application or, in the case of the Welsh Ministers, to properly consider an appeal in relation to an EIA application, and either—

(a) the applicant or appellant is (or should be) able to provide such information, or

(b) an operator is (or should be) able to provide such information,

the relevant mineral planning authority or the Welsh Ministers must notify the applicant, the appellant or, as the case may be, the operator, in writing of the further information required.

(2) A written notification given under paragraph (1) must state clearly and precisely the information required.

(3) Written notification given under paragraph (1) must be accompanied by written notification of the matters set out in paragraph 15 of Schedule 3.

(4) Further information required pursuant to a notification under paragraph (1) must be provided within 6 weeks of the date of the notice, or such longer period as may be agreed in writing with the relevant mineral planning authority or the Welsh Ministers (as the case may be) (“the relevant period”).

(5) If further information is not provided within the relevant period the planning permission to which the EIA application or appeal relates ceases to authorise any minerals development from the end of the relevant period.

(6) A written notification given under paragraph (1) does not preclude a relevant mineral planning authority or the Welsh Ministers from giving a further written notification under that paragraph or under regulation 27 (evidence).

(7) A relevant mineral planning authority or the Welsh Ministers may withdraw a written notification given under paragraph (1) at any time before the expiration of the relevant period.

Evidence

27

(1) A relevant mineral planning authority or the Welsh Ministers may by notification in writing require an applicant or appellant to produce such evidence as they may reasonably call for to verify–

(a) any screening information;

(b) any scoping information;

(d) any further information;

(e) any other information,

submitted by the applicant or, as the case may be, by the appellant.

(2) A relevant mineral planning authority or the Welsh Ministers may by notification in writing, require an operator to produce such evidence as they may reasonably call for to verify any screening information, scoping information, specified information or any further information submitted by the operator pursuant to a written notification given under these Regulations.

(3) Written notification given under paragraph (1) or (2) must be accompanied by written notification of the matters set out in paragraph 16 of Schedule 3

(4) Evidence required pursuant to a written notification given under paragraph (1) or (2) must be provided within 6 weeks beginning with the date of the notification or such longer period as may be agreed in writing with the authority or the Welsh Ministers (“the relevant period”).

(5) If evidence required pursuant to a written notification given under paragraph (1) or (2) is not provided within the relevant period the planning permission to which the EIA application relates ceases to authorise any minerals development from the end of the relevant period.

(6) A written notification given under paragraph (1) or (2) does not preclude a relevant mineral planning authority or the Welsh Ministers from giving a further written notification under those paragraphs or under regulation 26 (further information).

(7) A relevant mineral planning authority or the Welsh Ministers may withdraw a written notification given under paragraph (1) or (2) at any time before the expiration of the relevant period.

Further information and evidence: pre-consultation check

28

(1) Where a relevant mineral planning authority or the Welsh Ministers (“the recipient”) receives further information or evidence the recipient must comply with paragraph (4) and notify the applicant, the appellant or, as the case may be, the operator, in writing in accordance with either—

(a) paragraph (5); or

(b) paragraph (8).

(2) Where the recipient is a relevant mineral planning authority, the recipient must comply with paragraph (1) within 3 weeks of receipt of the further information or evidence in question.

(3) Where the recipient is the Welsh Ministers, the recipient must comply with paragraph (1) as soon as reasonably practicable following receipt of the further information or evidence.

(4) The recipient must consider whether the further information or evidence is presented in an inappropriate form.

(5) If the recipient reasonably considers that the further information or evidence is presented in an inappropriate form, the recipient must notify the applicant, the appellant or, as the case may be, the operator, in writing of—

(a) the changes which are required to be made to the form in which the further information or evidence is presented; and

(b) the matters set out in paragraph 17 of Schedule 3.

(6) Where changes are required to be made to the form in which further information or evidence is presented pursuant to a written notification given under paragraph (5), the further information or evidence must be re-submitted in a form incorporating the changes identified in the notification within 3 weeks of the date of the notification given under that paragraph, or such longer period as may be agreed in writing with the relevant mineral planning authority or the Welsh Ministers (“the relevant period”).

(7) If the further information or evidence is not re-submitted in a form incorporating the changes identified pursuant to a written notification given under paragraph (5) within the relevant period, the planning permission to which the EIA application relates ceases to authorise any minerals development from the end of the relevant period.

(8) If the recipient is satisfied that further information or evidence is not presented in an inappropriate form, the recipient must, in writing—

(a) instruct the applicant, the appellant or, as the case may be, the operator, to comply with regulation 30;

(b) specify the number of copies of the further information or evidence required for the purposes of the recipient's duties under regulation 32;

(c) where the recipient is aware that any particular person is or is likely to be affected by, or has an interest in, the application and who is unlikely to become aware of it by means of a site notice or by local advertisement, identify any such person;

(d) notify the applicant, the appellant or, as the case may be, the operator, of the matters set out in paragraph 18 of Schedule 3.

(9) Where the recipient is a relevant mineral planning authority and the recipient is satisfied as mentioned in paragraph (8) as a result of further information or evidence re-submitted pursuant to a written notification given under paragraph (5) the recipient must comply with paragraph (8) within 3 weeks of receipt of the re-submitted further information or evidence in question.

(10) Where the recipient is a relevant mineral planning authority and the further information or evidence received by it relates to an application in connection with which written notification pursuant to regulation 18(21) has yet to be given, the recipient need not comply with paragraph (8) within 3 weeks of receipt of the further information or evidence in question or, as the case may be, within 3 weeks of receipt of the re-submitted further information or evidence in question, but must comply with that paragraph within 14 days of the date on which written notification is given pursuant to regulation 18(21).

(11) Where the recipient is the Welsh Ministers and the recipient is satisfied as mentioned in paragraph (8) as a result of further information or evidence re-submitted pursuant to a written notification given under paragraph (5), the recipient must comply with paragraph (8) as soon as reasonably practicable following receipt of the further information or evidence in question.

(12) Where recipient is the Welsh Ministers and the further information or evidence received by them relates to an application or appeal in connection with which written notification pursuant to regulation 18(21) has yet to be given, the recipient need not comply with paragraph (8) as soon as reasonably practicable following receipt of the further information or evidence in question or, as the case may be, as soon as reasonably practicable following receipt of the re-submitted further information or evidence in question, but must comply with that paragraph as soon as reasonably practicable following the date on which written notification is given pursuant to regulation 18(21).

(13) Written notification given under this regulation does not preclude a relevant mineral planning authority or the Welsh Ministers from giving written notification under regulation 26 (further information) or 27 (evidence).

(14) A relevant mineral planning authority or the Welsh Ministers may withdraw a written notification given under paragraph (5) at any time before the expiration of the relevant period.

Further information and evidence: requirement to submit documentary evidence of publication

29

(1) An applicant, an appellant or an operator notified under regulation 28(8) must comply with regulation 30 within 6 weeks of the date of that notification, or such longer period as may be agreed in writing with the authority or, as the case may be, the Welsh Ministers (“the relevant period”).

(2) If an applicant, an appellant or an operator notified under regulation 28(8) does not comply with regulation 30 within the relevant period, the planning permission to which the EIA application relates ceases to authorise any minerals development from the end of that relevant period.

CHAPTER 5 — Further Information and Evidence: Consultation and Public Participation

Further information or evidence: publicity requirements

30

(1) The applicant, appellant or operator must publish in a local newspaper circulating in the locality in which the land is situated, a notice stating–

(a) the name of the person who has applied for or who has appealed in relation to the determination of the conditions to which the planning permission is to be subject, the relevant provisions of the 1991 or 1995 Act pursuant to which the application is made and the name and address of the relevant mineral planning authority;

(b) the date on which the application was made and, if it be the case, that it has been referred to the Welsh Ministers for determination or is the subject of an appeal to them;

(d) that a copy of the application and of any plan and other documents submitted with it may be inspected by members of the public at all reasonable hours;

(e) if an environmental statement has been the subject of written notification given under regulation 18(21), that a copy of the environmental statement may be inspected by members of the public at all reasonable hours;

(f) if further information or evidence has previously been the subject of written notification given under regulation 28(8), that a copy of that information or evidence may be inspected by members of the public at all reasonable hours;

(g) if other relevant information has previously been published in accordance with regulation 37, that a copy of that other relevant information may be inspected by members of the public at all reasonable hours;

(h) that further information or evidence is available in connection with an EIA application;

(i) that a copy of that further information or evidence may be inspected by members of the public at all reasonable hours;

(j) an address in the locality in which the land is situated at which that further information or evidence may be inspected and the latest date on which it will be available for inspection (being a date not less than 21 days later than the date on which the notice is published);

(k) an address in the locality in which the land is situated at which copies of the application, any environmental statement, any further information or evidence of the kind referred to in sub-paragraph (f), or any other relevant information of the kind referred to in sub-paragraph (g), may be inspected;

(l) an address (whether or not the same as that given pursuant to sub-paragraph (j)) in the locality in which the land is situated at which copies of that further information or evidence may be obtained;

(m) that copies may be obtained there so long as stocks last;

(n) if a charge is to be made for a copy, the amount of the charge;

(o) that any person wishing to make representations about the further information or evidence should make them in writing to the relevant mineral planning authority or, as the case may be, to the Welsh Ministers, before the expiration of 21 days from the date of the notice; and

(p) the address to which representations must be sent.

(2) Where the applicant, appellant or operator has been notified of any particular person who is or is likely to be affected by, or have an interest in the EIA application, the applicant, appellant or operator must serve on every such person a notice; and the notice must contain the information specified in paragraph (1), except that the date specified as the latest date on which the documents will be available for inspection must not be less than 21 days later than the date on which the notice is first served.

(3) The applicant, appellant or operator must, unless it has not, and was not reasonably able to acquire, such rights as would enable it to do so post, or arrange to have posted, on the land a notice containing the information specified in paragraph (1), except that the date specified as the latest date on which the documents will be available for inspection must be not less than 21 days later than the date on which the notice is first posted.

(4) The notice mentioned in paragraph (3) must–

(a) be left in position for not less than seven days in the 28 days immediately preceding the date on which the certificate required pursuant to regulation 31(2)(b) is submitted; and

(b) be affixed firmly to some object on the land and sited and displayed in such a way as to be easily visible to, and readable by, members of the public without going on to the land.

Documentary evidence to be submitted to a relevant mineral planning authority or the Welsh Ministers following publicity regarding further information or evidence

31

(1) An applicant or operator notified under regulation 28(8) must submit—

(a) where the notification was given by a relevant mineral planning authority, to that authority;

(b) where the notification was given by a relevant mineral planning authority and before submitting the documents required under this regulation the EIA application in question is referred to the Welsh Ministers for determination, to the Welsh Ministers; or

the documents specified in paragraph (2).

(2) The specified documents are—

(a) a copy of the notice mentioned in regulation 30(1) certified by or on behalf of the applicant, appellant or operator as having been published in a named newspaper on a date specified in the certificate;

(b) a certificate by or on behalf of the applicant, appellant or operator which states either—

(i) that the applicant, appellant or operator has posted a notice on the land in compliance with this regulation and the date on which the notice was so posted, and that either the notice was left in position for not less than seven days in the 28 days immediately preceding the date on which the certificate is submitted, or that, without any fault or intention on the part of the applicant, appellant or operator, it was removed, obscured or defaced before seven days had elapsed and the applicant, appellant or operator took reasonable steps for its protection or replacement, specifying the steps taken; or

(ii) that the applicant, appellant or operator was unable to comply with regulation 30(3) and (4) because the applicant, appellant or operator did not have the necessary rights to do so; that the applicant, appellant or operator has taken such reasonable steps as are open to the applicant, appellant or operator to acquire those rights; and has been unable to do so, specifying the steps taken; and

(c) where the applicant, appellant or operator has been notified of any particular person who is likely to affected by, or have an interest in, the application, a copy of the notice mentioned in regulation 30(2) certified by or on behalf of the applicant, appellant or operator as having been given on a date specified in the certificate.

(3) If any person issues a certificate which purports to comply with the requirements of paragraph (2)(b) and which contains a statement which that person knows to be false or misleading in any material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in any material particular, that person is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Procedure following notice given under regulation 28(8)

32

(1) An applicant, appellant or operator notified under regulation 28(8) must, within seven days of the date of that notification, provide to the relevant mineral planning authority or the Welsh Ministers (as the case may be), such number of copies of the further information or evidence as are specified in the notice given under that regulation.

(2) A relevant mineral planning authority must, within 14 days of the date of a notice given by it under regulation 28(8)—

(a) send to the Welsh Ministers, two copies of the further information or evidence to which the notice relates;

(b) send to each of the consultation bodies a copy of the further information or evidence to which the notice relates; and

(c) give written notification to each consultation body stating that any representation it wishes to make in response to the consultation should be made in writing to the relevant mineral planning authority within 28 days of the date of the notice (or such longer period as may be agreed between the relevant mineral planning authority and the consultation body);

(3) The Welsh Ministers must, as soon as reasonably practicable following the date of a notice given by them under regulation 28(8)—

(a) send to each of the consultation bodies a copy of the further information or evidence to which the notice relates;

(b) give written notification to each consultation body stating that any representation it wishes to make in response to the consultation should be made in writing to the Welsh Ministers within 28 days of the date of the notice (or such longer period as may be agreed between the Welsh Ministers and the consultation body); and

(c) send to the relevant mineral planning authority a copy of the further information or evidence to which the notice relates.

(4) Where a relevant mineral planning authority or the Welsh Ministers give written notification under regulation 28(8), the authority or, as the case may be, the Welsh Ministers, must suspend consideration of the application or appeal in question until the expiry of the relevant period applicable in accordance with regulation 29(1); and must not determine the application or appeal until the expiry of 21 days following the date on which that relevant period ends .

Availability of copies of further information and evidence

33

An applicant, appellant or operator to which written notification is given under regulation 28(8) must ensure that a reasonable number of copies of the further information or evidence are available at the address named in the notices published or posted pursuant to regulation 30 as the address at which such copies may be obtained.

Provision of copies of further information and evidence for the Welsh Ministers on referral or appeal

34

Where an EIA application is referred or appealed to the Welsh Ministers on or after the date on which these Regulations come into force, the Welsh Ministers may by notice in writing, require the applicant, appellant or an operator to provide such number of copies of any further information or evidence as they consider necessary, within such period as is specified in the notice.

Charges for copies of further information and evidence

35

A reasonable charge reflecting printing and distribution costs may be made to a member of the public for a copy of further information or evidence made available in accordance with regulation 33.

CHAPTER 6 — Other Information etc.

Reports, advice and any other information

36

(1) This paragraph applies to information of the following kind—

(a) any other information;

(b) any report in connection with an EIA application or appeal which is issued to a relevant mineral planning authority or the Welsh Ministers on or after the date on which these Regulations come into force; and

(c) any advice in connection with an EIA application or appeal which is provided to a relevant mineral planning authority or the Welsh Ministers on or after the date on which these Regulations come into force.

(2) This paragraph applies to information of the following kind—

(a) any report in connection with an EIA application or appeal which was issued to a relevant mineral planning authority or the Welsh Ministers before the date on which these Regulations come into force; and

(b) any advice in connection with an EIA application or appeal which was provided to a relevant mineral planning authority or the Welsh Ministers before the date on which these Regulations come into force.

(3) Paragraph (1) does not apply to any information of the type mentioned in paragraph (1)(b) or (c)–

(a) to which the Environmental Information Regulations 2004 apply, where the person holding it would be entitled to withhold it in response to a request made in accordance with those Regulations; or

(b) which in any other case would be exempt information if a request for its disclosure were made in accordance with the Freedom of Information Act 2000.

(4) Paragraph (2) does not apply to any information of the type mentioned there—

(a) to which the Environmental Information Regulations 2004 apply, where the person holding it would be entitled to withhold it in response to a request made in accordance with those Regulations; or

(b) which in any other case would be exempt information if a request for its disclosure were made in accordance with the Freedom of Information Act 2000.

(5) Where a relevant mineral planning authority or the Welsh Ministers (“the recipient”) receives or holds any information to which paragraph (1) or (2) applies and the recipient is of the opinion that that information relates to the main effects of the EIA development in question, or is of material relevance to the determination of conditions to which the planning permission is to be subject (“other relevant information”), the recipient must—

(a) publish that other relevant information in accordance with regulation 37; and

(b) if the other relevant information is information of the kind mentioned in paragraph (1)(a), notify the applicant or appellant in writing of–

(i) the number of copies of the other relevant information required for the purposes of the duty imposed on the authority or, as the case may be, the Welsh Ministers, by regulation 38;

(ii) the duty imposed by regulation 39(1); and

(iii) the right conferred by regulation 41.

(6) Where the recipient is a relevant mineral planning authority, and the other relevant information is information to which paragraph (1) applies, the recipient must comply with paragraph (5) within 14 days of receipt of the other relevant information.

(7) Where the recipient is a relevant mineral planning authority, and the other relevant information is information to which paragraph (2) applies, the recipient must comply with paragraph (5) within 3 weeks of the date on which the authority gives written notification pursuant to regulation 18(21).

(8) Where the recipient is the Welsh Ministers, and the other relevant information is information to which paragraph (1) applies, the recipient must comply with paragraph (5) as soon as reasonably practicable following receipt of the other relevant information.

(9) Where the recipient is the Welsh Ministers, and the other relevant information is information to which paragraph (2) applies, the recipient must comply with paragraph (5) as soon as reasonably practicable following the date on which the Welsh Ministers give written notification pursuant to regulation 18(21).

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