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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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(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).

(10) Where the recipient is a relevant mineral planning authority and other relevant information is received by it in connection with an EIA application in respect of which written notification pursuant to regulation 18(21) has yet to be given, the recipient need not comply with paragraph (5) within 14 days of receipt of the other relevant information 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 other relevant information is received by it in connection with an EIA application in respect of 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 other relevant information in question, but must comply with that paragraph as soon as reasonably practicable following the date on which the Welsh Ministers give written notification pursuant to regulation 18(21).

(12) Where information to which paragraph (2) applies is held by a relevant mineral planning authority in connection with an EIA application—

(a) which is referred to the Welsh Ministers on or after the date on which these Regulations come into force; and

(b) in respect of which written notification pursuant to regulation 18(21) has yet to be given,

the relevant mineral planning authority must, within 14 days of the date on which the application is so referred, provide that information to the Welsh Ministers.

(13) The receipt of information by the Welsh Ministers pursuant to paragraph (12) does not require that information to be treated as information to which paragraph (1) applies.

CHAPTER 7 — Other Relevant Information: Consultation and Public Participation

Other relevant information: publicity requirements

37

(1) The recipient 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 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 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 other relevant information is available in connection with an EIA application;

(i) that a copy of that other relevant information 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 other relevant information 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 mentioned 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 other relevant information 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 other relevant information 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

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

(2) Where the recipient is aware of any particular person who is or is likely to be affected by, or have an interest in the application, the recipient 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 recipient 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 14 days; 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.

Procedure following publication under regulation 37

38

(1) An applicant or appellant notified pursuant to regulation 36(5)(b) 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 other relevant information as are specified in the notice given under that regulation.

(2) A relevant mineral planning authority must, within 14 days of the date of publishing a notice under regulation 37—

(a) send to the Welsh Ministers, two copies of the other relevant information to which the notice relates;

(b) send to each of the consultation bodies a copy of the other relevant information; and

(c) give written notification to each consultation body stating that any representation it wishes to make in response to the consultation regarding the other relevant information must be made in writing to the relevant mineral planning authority within 21 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 publishing a notice under regulation 37—

(a) send to each of the consultation bodies a copy of the other relevant information;

(b) give written notification to each consultation body stating that any representation it wishes to make in response to the consultation regarding the other relevant information must be made in writing to the Welsh Ministers within 21 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 other relevant information is published in accordance with regulation 37, the relevant mineral planning authority or the Welsh Ministers (as the case may be), must not determine the application or appeal until the expiry of the period of 21 days after the latest of the following dates—

(a) the date on which notice of the other relevant information was published in a local newspaper pursuant to regulation 37(1);

(b) the date (if any) on which notice of the other relevant information was served pursuant to regulation 37(2);

(d) the date on which the other relevant information was sent to the consultation bodies pursuant to this regulation.

Availability of copies of other relevant information

39

(1) An applicant or appellant who receives written notification pursuant to regulation 36(5)(b) must ensure that a reasonable number of copies of the other relevant information which is the subject of the notification, are available at the address named in the notice published pursuant to regulation 37(1) as the address at which such copies may be obtained.

(2) If a relevant mineral planning authority or the Welsh Ministers publish other relevant information of the type mentioned in regulation 36(1)(b) or (c), or other relevant information to which regulation 36(2) applies, the authority or, as the case may be, the Welsh Ministers, must ensure that a reasonable number of copies of that other relevant information are available at the address named in the notice published pursuant to regulation 37(1) as the address at which such copies may be obtained.

Provision of copies of other relevant information for the Welsh Ministers on referral or appeal

40

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 any other relevant information of the type mentioned in regulation 36(1)(a) as they consider necessary, within such period as is specified in the notice.

Charges for copies of other relevant information

41

A reasonable charge reflecting printing and distribution costs may be made to a member of the public for a copy of other relevant information made available in accordance with regulation 39(1).

PART 5 — Determination of Conditions

Deemed determination of conditions under the 1991 and 1995 Acts

42

(1) Paragraph 2(6)(b) of Schedule 2 to the 1991 Act, paragraph 9(9) of Schedule 13 to the 1995 Act and paragraph 6(8) of Schedule 14 to the 1995 Act do not apply to an undetermined ROMP application unless the Welsh Ministers have made a screening direction under regulation 9 or 11 to the effect that the development in question is not EIA development.

(2) In determining for the purposes of paragraphs 2(6)(b) of Schedule 2 to the 1991 Act, 9(9) of Schedule 13 to the 1995 Act and 6(8) of Schedule 14 to the 1995 Act (determination of conditions) the time which has elapsed without the mineral planning authority giving the applicant written notice of its determination in a case where the Welsh Ministers have made a direction under regulation 9 to the effect that ROMP development is exempt development, or regulation 11 to the effect that the development in question is not EIA development, the period prior to the issue of the direction is to be disregarded.

Disapplication of paragraph 4(4) of Schedule 2 to the 1991 Act

43

Paragraph 4(4) of Schedule 2 to the 1991 Act (requirement for mineral planning authority to give written notice of determination) does not apply to an EIA application made under paragraph 2(2) of that Schedule.

Determination of conditions

44

(1) A relevant mineral planning authority must give written notification of its determination of an EIA application within 16 weeks of the latest of the following dates—

(a) the date falling 21 days after the date on which the documents required by regulation 21 are received by it or, if those documents are received on different dates, the date falling 21 days after the date on which the final document is received;

(b) the date falling 21 days after the date on which any documents required by regulation 31 are received by it or, if those documents are received on different dates, the date falling 21 days after the date on which the final document is received;

(c) the date falling 21 days after the date on which the relevant mineral planning authority publishes any other relevant information under regulation 37,

or such longer period as may be agreed between the applicant and the relevant mineral planning authority.

(2) The Welsh Ministers must give written notification of their determination of an EIA application within such period following the latest of the following dates as they may reasonably require—

(a) the date falling 21 days after the date on which the documents required by regulation 21 are received by them or, if those documents are received on different dates, the date falling 21 days after the date on which the final document is received;

(b) the date falling 21 days after the date on which any documents required by regulation 31 are received by them or, if those documents are received on different dates, the date falling 21 days after the date on which the final document is received;

(c) the date falling 21 days after the date on which the Welsh Ministers publish any other relevant information under regulation 37,

or such longer period as may be agreed between the Welsh Ministers and the applicant or appellant.

Appeals against non-determination

45

(1) Paragraph 5(2) of Schedule 2 to the 1991 Act, paragraph 11(1) of Schedule 13 to the 1995 Act and paragraph 9(1) of Schedule 14 to the 1995 Act (right of appeal) have effect as if there were also a right of appeal to the Welsh Ministers where the relevant mineral planning authority has not given written notice of its determination in accordance with regulation 44.

(2) Paragraph 5(5) of Schedule 2 to the 1991 Act, paragraph 11(2) of Schedule 13 to the 1995 Act and paragraph 9(2) of Schedule 14 to the 1995 Act (right of appeal) have effect as if they also provided for notice of appeal to be made within six months from the expiry of the 16 week or other period agreed pursuant to regulation 44.

PART 6 — Publicity for, and Availability of, Directions, Opinions, Notifications etc. and Notification of Decisions

Publicity for opinions, directions, notifications etc.

Publicity to be undertaken by relevant mineral planning authorities

46

(1) A relevant mineral planning authority must take such steps as it considers most likely to bring to the attention of persons likely to be interested in an undetermined ROMP application, any information of the kind specified in paragraph (4)(a) to (g) or (k) to (l) within 14 days of the date on which any such information is sent to the authority by the Welsh Ministers.

(2) A relevant mineral planning authority must take such steps as it considers most likely to bring to the attention of persons likely to be interested in an undetermined ROMP application, any information of the kind specified in paragraph (4)(h) to (j) or (m) to (v) within 14 days of the date on which any such information is sent or given by the authority.

(3) Paragraphs (1) and (2) do not require a relevant mineral planning authority to post a site notice.

(4) The information referred to in paragraphs (1) and (2) is—

(a) any direction made under regulation 5, a copy of which is sent to the relevant mineral planning authority pursuant to regulation 5(5);

(b) any written notification given to the relevant mineral planning authority under regulation 5(7);

(d) any written notification given by the Welsh Ministers under regulation 11(3), a copy of which is sent to a relevant mineral planning authority under regulation 11(5);

(e) any screening direction made by the Welsh Ministers which relates to an undetermined ROMP application which is before the relevant mineral planning authority for determination, a copy of which is sent to the authority pursuant to regulation 9(2)(a) or 9(4)(b);

(f) any written statement of reasons sent to the authority pursuant to regulation 9(4)(b);

(g) any written notification which accompanies a copy of a screening direction sent to the authority pursuant to regulation 11(12);

(h) any written notification given by the authority under regulation 12(2);

(i) any scoping opinion adopted by the authority, a copy of which is sent to an applicant pursuant to regulation 12(7);

(j) the written notification required by regulation 12(7)(b) to accompany a copy of any scoping opinion sent pursuant to regulation 12(7)(a);

(k) any written notification given by the Welsh Ministers under regulation 13(4), a copy of which is sent to the authority pursuant to regulation 13(6);

(l) any scoping direction made by the Welsh Ministers, a copy of which is sent to the authority pursuant to regulation 13(12);

(m) any written notification given by the authority under regulation 12(10);

(n) any written notification given by the authority under regulation 18(6);

(o) any written notification given by the authority under regulation 18(15);

(p) any written notification given by the authority pursuant to regulation 18(21);

(q) any written notification given by the authority under regulation 26(1);

(r) the written notification required by regulation 26(3) to accompany any written notification given under regulation 26(1);

(s) any written notification given by the authority under regulation 27(1) or (2);

(t) the written notification required by regulation 27(3) to accompany any written notification given under regulation 27(1) or (2);

(u) any written notification given by the authority under regulation 28(5);

(v) any written notification given by the authority under regulation 28(8).

Publicity to be undertaken by the Welsh Ministers

(5) The Welsh Ministers must take such steps as they consider most likely to bring to the attention of persons likely to be interested in an undetermined ROMP application, any information of the kind specified in paragraph (7) as soon as reasonably practicable following the date on which any such information is sent or given by the Welsh Ministers.

(6) Paragraph (5) does not require the Welsh Ministers to post a site notice.

(7) The information referred to in paragraph (5) is–

(a) any direction made by the Welsh Ministers under regulation 5;

(b) any decision notified to a relevant mineral planning authority under regulation 5(7);

(d) any written notification given by the Welsh Ministers under regulation 11(3);

(e) any screening direction made by the Welsh Ministers, a copy of which is sent to an applicant or appellant pursuant to regulation 9(2)(a), 9(4)(b) or 11(12)(a);

(f) in respect of any screening direction mentioned in sub-paragraph (e), the written statement of reasons required by regulation 9(4)(a) to accompany it;

(g) in respect of any screening direction made under regulation 11, any notification required by regulation 11(12)(b) to accompany it

(h) any written notification given under regulation 13(4);

(i) any scoping direction a copy of which is sent to an applicant or appellant pursuant to regulation 13(12);

(j) the written notification required by regulation 13(13) to accompany a copy of any scoping direction sent pursuant to regulation 13(12);

(k) any written notification given under regulation 14(5);

(l) any scoping direction, a copy of which is sent to an applicant or appellant under regulation 14(13)(a);

(m) any written notification, a copy of which is sent to an applicant or appellant under regulation 14(13)(b);

(n) any written notification given under regulation 15(5);

(o) any scoping direction, a copy of which is sent to an applicant under regulation 15(13);

(p) the written notification required by regulation 15(13) to accompany a copy of a scoping direction sent to an applicant under that regulation;

(q) any written notification given by the Welsh Ministers under regulation 18(6);

(r) any written notification given by the Welsh Ministers under regulation 18(15);

(s) any written notification given by the Welsh Ministers pursuant to regulation 18(21);

(t) any written notification given by the Welsh Ministers under regulation 26(1);

(u) the written notification required by regulation 26(3) to accompany any written notification given under regulation 26(1);

(v) any written notification given by the Welsh Ministers under regulation 27(1) or (2);

(w) the written notification required by regulation 27(3) to accompany any written notification given under regulation 27(1) or (2);

(x) any written notification given by the Welsh Ministers under regulation 28(5);

(y) any written notification given by the Welsh Ministers under regulation 28(8).

Site notice publicity to be undertaken by applicants, appellants and operators

(8) This paragraph applies to any applicant or appellant to whom a copy of a screening direction is sent pursuant to regulation 9(2)(a), 9(4)(b) or 11(12)(a), or to whom written notification is given pursuant to any provision mentioned in paragraph (4) or (7).

(9) An applicant or appellant to whom paragraph (8) applies 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 copy of–

(a) any screening direction mentioned in that paragraph;

(b) any written notification given to the applicant or appellant pursuant to any provision mentioned in paragraph (4) or (7);

within 14 days of the date on which such notification is given.

(10) Where a copy of a written notification posted on the land in accordance with paragraph (9)(b) is of the kind mentioned in paragraph (4)(j) or (m), or paragraph (7)(j), (m) or (p), the copy of that notification which is posted on the land must be accompanied by a notice stating an address in the locality in which the land is situated, at which a copy of the associated scoping opinion or direction can be inspected at all reasonable hours.

(11) This paragraph applies to any operator to whom written notification is given under or pursuant to–

(a) regulation 11(3);

(b) regulation 12(2);

(d) regulation 14(5);

(e) regulation 15(5);

(f) regulation 18(6);

(g) regulation 26(1);

(h) regulation 27(2);

(i) regulation 28(5);

(j) regulation 28(8).

(12) An operator to which paragraph (11) applies must, unless the operator has not, and was not reasonably able to acquire, such rights as would enable the operator to do so, post on the land a copy of any such written notification as is referred to in that paragraph within 14 days of the date on which the notification is given.

(13) A copy of a direction or written notification posted on the land in accordance with paragraph (9), and any notification posted on the land in accordance with paragraph (10) or (12), must—

(a) be left in position for not less than fourteen days; 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.

Availability of opinions, directions, etc. for inspection

47

(1) Section 69 (register of applications, etc.), and any provisions of the Order made by virtue of that section, has effect with any necessary amendments as if references to applications for planning permission included undetermined ROMP applications under paragraph 9(1) of Schedule 13 to the 1995 Act and paragraph 6(1) of Schedule 14 to the 1995 Act.

(2) Where the relevant mineral planning authority is not the authority required to keep the register, the relevant mineral planning authority must provide the authority required to keep it with such information and documents as that authority requires to comply with–

(a) section 69 as applied by paragraph (1); and

(b) regulation 48.

Information to be placed on the register

48

(1) Where particulars of an undetermined ROMP application are placed on Part I of the register, the relevant mineral planning authority must take steps to secure that there is also placed on that Part an information of the following kind which relates to the undetermined ROMP application in question—

(a) any screening direction;

(b) any scoping opinion;

(d) any written notification referred to in regulation 46(4) or (7);

(e) any environmental statement which is the subject of written notification given under regulation 18(21);

(f) any further information or evidence which is the subject of a written notification given under regulation 28(8);

(g) any other relevant information published in accordance with regulation 37;

(h) any statement of reasons accompanying any of the above;

(i) particulars of any suspension of minerals development;

(j) the date (if any) on which any suspension of minerals development ended;

(k) particulars of any order made under Schedule 9 to the Act pursuant to regulation 51.

Duties to inform the public and the Welsh Ministers of final decisions

49

(1) Where an EIA application is determined by a relevant mineral planning authority, the authority must—

(a) in writing, inform the Welsh Ministers and the consultation bodies of the decision;

(b) inform the public of the decision, by local advertisement, or by such other means as are reasonable in the circumstances; and

(c) make available for public inspection at the place where the appropriate register (or relevant section of that register) is kept a statement containing—

(i) the content of the decision and any conditions attached thereto;

(ii) the main reasons and considerations on which the decision is based including, if relevant, information about the participation of the public;

(iii) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the development; and

(iv) information regarding the right to challenge the validity of the decision and the procedures for doing so.

(2) Where an EIA application is determined by the Welsh Ministers the Welsh Ministers must—

(a) notify the relevant mineral planning authority and the consultation bodies of the decision; and

(b) provide the authority with such a statement as is mentioned in paragraph (1)(c).

(3) The relevant mineral planning authority must, as soon as reasonably practicable following receipt of a notification given under paragraph (2), comply with sub-paragraphs (b) and (c) of paragraph (1) in relation to the decision so notified as if it were a decision of the authority.

PART 7 — Suspension of Minerals Development

Duration of suspension of minerals development

50

(1) A suspension of minerals development remains in effect until every relevant requirement has been complied with.

(2) For the purposes of paragraph (1), a relevant requirement is any requirement imposed on an applicant, appellant or operator by or under a provision referred to in regulation 51(4) in connection with the EIA application to which the suspension of minerals development relates.

(3) A suspension of minerals development does not affect any minerals development carried out under the planning permission before the suspension date.

Prohibition Orders

51

(1) This paragraph applies where, in relation to any unauthorised minerals development–

(a) a period of 2 years has elapsed, beginning with the suspension date; and

(b) any requirement imposed on an applicant, appellant or operator by or under a provision mentioned in paragraph (4) has yet to be complied with.

(2) Where paragraph (1) applies, the relevant mineral planning authority must consider whether to make an order under under paragraph 3 of Schedule 9 to the Act in relation to some or all of the unauthorised minerals development in question.

(3) For the purposes of paragraph (2), Schedule 9 to the Act has effect subject to the modifications set out in paragraphs (5) to (8).

(4) The requirements referred to in paragraph (1)(b) are any requirements imposed by or under any of the following provisions—

(a) regulations 11 to 15;

(b) regulations 17 to 19;

(5) Paragraph 3 of Schedule 9 has effect in relation to any part of a site as it has effect in relation to the whole site.

(6) Paragraph 3(1)(b) of Schedule 9 has effect as if for that paragraph there were substituted–

(b) the winning and working or depositing has permanently ceased, the mineral planning authority— (i) must by order prohibit the resumption of the winning and working or the depositing; and (ii) may, by provision made in the order, impose in relation to the site, any such requirement as is specified in sub-paragraph (3).

(7) Paragraph 3(2) of Schedule 9 has effect—

(a) as if for “may assume” there were substituted “ must assume ”;

(b) as if the word “only” were omitted; and

(c) as if the references to winning and working or depositing in sub-paragraph (2)(a) and (b) were references to winning and working or depositing other than winning and working or depositing which has ceased to be authorised by a planning permission by or under these Regulations.

(8) Paragraph 4(7) of Schedule 9 has effect as if for “have effect” there were substituted “ authorise that development ”.

(9) Nothing in this regulation requires a relevant mineral planning authority to make an order under paragraph 3 of Schedule 9 to the Act in relation to any land within the period of five years immediately following the day on which any other order under section 97 of, or paragraph 1 or 3 of Schedule 9 to, the Act was made in respect of the same land.

PART 8 — Miscellaneous

Application of Part VIII of the 1999 Regulations

52

Regulations 53 (development in Wales likely to have significant effects in another EEA State) and 54 (projects in another EEA State likely to have significant transboundary effects) of the 2016 Regulations apply for the purposes of these Regulations as they apply for the purposes of the 2016 Regulations.

Service of notices etc.

53

Any notice or other document to be sent, served or given under these Regulations may be served or given in a manner specified in section 329 (service of notices).

Application to the High Court

54

(1) For the purposes of Part XII of the Act (validity of other orders, decisions and directions), the reference in section 288, as applied by paragraph 9(3) of Schedule 2 to the 1991 Act, paragraph 16(4) of Schedule 13 to the 1995 Act or paragraph 9(4) of Schedule 14 to the 1995 Act, to action of the Secretary of State which is not within the powers of the Act is to be taken to extend to the determination of an EIA application by the Welsh Ministers in contravention of regulation 3.

(2) For the purposes of Part XII of the Act (validity of certain orders, decisions and directions) sections 284 and 288 have effect as if the references in section 284(1)(e) and (2)(e) to an order under paragraph 3 of Schedule 9 to the Act included a reference to an order made under that paragraph pursuant to regulation 51.

SCHEDULE 1 — Selection criteria for screening

Characteristics of development

1

The characteristics of development must be considered having regard, in particular, to—

(a) the size of the development;

(b) the cumulation with other development;

(d) the production of waste;

(e) pollution and nuisances;

(f) the risk of accidents, having regard in particular to substances or technologies used.

Location of development

2

The environmental sensitivity of geographical areas likely to be affected by development must be considered, having regard, in particular, to—

(a) the existing land use;

(b) the relative abundance, quality and regenerative capacity of natural resources in the area;

(i) wetlands;

(ii) coastal zones;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected under Member States' legislation or the legislation of any part of the UK; areas designated under EU-derived domestic legislation which transposed Council Directive 79/409/EEC on the conservation of wild birds or Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds and Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora ;

(vi) areas in which the environmental quality standards laid down in retained EU law have already been exceeded;

(vii) densely populated areas;

(viii) landscapes of historical, cultural or archaeological significance.

Characteristics of the potential impact

3

The potential significant effects of development must be considered in relation to criteria set out under paragraphs 1 and 2 above, and having regard in particular to—

(a) the extent of the impact (geographical area and size of the affected population);

(b) the transfrontier nature of the impact;

(d) the probability of the impact;

(e) the duration, frequency and reversibility of the impact.

SCHEDULE 2 — Information for inclusion in environmental statements

PART 1

1

Description of the development, including in particular—

(a) a description of the physical characteristics of the whole development and the land-use requirements during the construction and operational phases;

(b) a description of the main characteristics of the production processes, for instance, nature and quantity of the materials used;

(c) an estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, radiation, etc.) resulting from the operation of the proposed development.

2

A detailed working programme or programmes in accordance with which the applicant or appellant proposes to carry out the development including, in particular, details of the direction and depth of working.

3

An outline of the main alternatives studied by the applicant or appellant and an indication of the main reasons for the applicant's or appellant's choice or choices, taking into account the environmental effects.

4

A description of the aspects of the environment likely to be significantly affected by the development including, in particular, population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors.

5

A description of the likely significant effects of the development on the environment, which should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the development, resulting from—

(a) the existence of the development;

(b) the use of natural resources;

and the description by the applicant of the forecasting methods used to assess the effects on the environment.

6

A description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment.

7

A non-technical summary of the information provided under paragraphs 1 to 6 of this Part.

8

An indication of any difficulties (technical deficiencies or lack of know-how) encountered by the applicant or appellant in compiling the required information.

PART 2

9

A description of the development comprising information on the site, design and size of the development.

10

A detailed working programme in accordance with which the applicant proposes to carry out the development including, in particular, details of the direction and depth of working.

11

A description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects.

12

The data required to identify and assess the main effects which the development is likely to have on the environment.

13

An outline of the main alternatives studied by the applicant or appellant and an indication of the main reasons for the applicant's or appellant's choice, taking into account the environmental effects.

14

A non-technical summary of the information provided under paragraphs 9 to 13 of this Part.

SCHEDULE 3 — Notifications

1

Words in parenthesis in this Schedule are not part of the Regulations.

Notifications under regulation 11 (screening directions of the Welsh Ministers)

2

The matters referred to in regulation 11(3) are—

(a) the date by which the screening information must be provided (being the date on which the relevant period for the purposes of regulation 11(8) ends);

(b) the effect of regulation 11(9) (suspension);

(d) the effect of regulation 51 (prohibition);

(e) the duty imposed on the applicant, appellant or, as the case may be, on the operator, by regulation 46 (publicity by site notice);

(f) the right to challenge the notification and the time period for doing so.

3

The matters referred to in regulation 11(12)(b) are—

(a) the effect of the Welsh Ministers' direction being that the undetermined ROMP application in question cannot be determined without consideration of the environmental information;

(b) that a draft environmental statement will be required in due course;

(c) that the relevant mineral planning authority is now required to adopt a scoping opinion under regulation 12 or, as the case may be, that the Welsh Ministers are now required to make a scoping direction under regulation 14;

(d) the effect of regulation 12(5) or, as the case may be, 14(11) (suspension) in the event that any scoping information required is not submitted within the relevant period;

(e) the effect of regulation 50 (duration of suspension);

(f) the effect of regulation 51 (prohibition);

(g) where the written notification relates to an EIA application which is before a relevant mineral planning authority for determination, the effect of regulation 12(1) (period within which notification of scoping opinion to be given);

(h) the right conferred by regulation 12(8) (right to request scoping direction);

(i) the duty imposed on the applicant or appellant by regulation 46 (publicity);

(j) the right to challenge the screening direction and the time period for doing so.

Notifications under regulation 12 (scoping opinions of the relevant mineral planning authority)

4

The matters referred to in regulation 12(2) are—

(a) the date by which the scoping information must be provided (being the date on which the relevant period for the purposes of regulation 12(4) ends);

(b) the effect of regulation 12(5) (suspension);

(d) the effect of regulation 51 (prohibition);

(e) the effect of regulation 12(6) (consultation prior to adoption of scoping opinion);

(f) the right conferred by regulation 12(8) (right to request scoping direction);

(g) the effect of regulation 12(9) (adoption of scoping opinion does not preclude right to require further information or evidence);

(h) the duty imposed on the applicant or, as the case may be, the operator, by regulation 46 (publicity);

(i) the right to challenge the notification and the time period for doing so.

5

The matters referred to in regulation 12(7)(b) are–

(a) the date by which the draft environmental statement must be submitted (being the date on which the relevant period for the purposes of regulation 17(2) ends);

(b) that the draft environmental statement must include all of the information specified in the scoping opinion;

(d) the effect of regulation 50 (duration of suspension);

(e) the effect of regulation 51 (prohibition);

(f) the effect of regulation 16 (procedure to facilitate preparation of environmental statements);

(g) the effect of regulation 12(9) (adoption of scoping opinion does not preclude right to require further information or evidence);

(h) the effect of regulation 18 (draft environmental statement: pre-consultation checks);

(i) the duty imposed on the applicant by regulation 46 (publicity);

(j) the right to challenge the scoping opinion and the time period for doing so.

6

The matters referred to in regulation 12(10) are—

(a) the date by which the draft environmental statement must be submitted (being the date on which the relevant period for the purposes of regulation 17(2) ends);

(b) that the draft environmental statement must include all of the information specified in the scoping direction;

(d) the effect of regulation 50 (duration of suspension);

(e) the effect of regulation 51 (prohibition);

(f) the effect of regulation 16 (procedure to facilitate preparation of environmental statements);

(g) the effect of regulation 13(14) (making of a scoping direction does not preclude right to require further information or evidence);

(h) the effect of regulation 18 (draft environmental statement: pre-consultation checks);

(i) the duty imposed on the applicant by regulation 46 (publicity).

Notifications under regulation 13 (scoping directions of the Welsh Ministers requested under regulation 12(8))

7

The matters referred to in regulation 13(4) are—

(a) the date by which the scoping information must be provided (being the date on which the relevant period for the purposes of regulation 13(9) ends);

(b) the effect of regulation 13(10) (suspension);

(d) the effect of regulation 51 (prohibition);

(e) the effect of regulation 13(11) (consultation prior to adoption of scoping opinion);

(f) the effect of regulation 13(14) (adoption of scoping opinion does not preclude right to require further information or evidence);

(g) the duty imposed on the applicant or, as the case may be, the operator, by regulation 46 (publicity).

(h) the right to challenge the notification and the time period for doing so.

Notifications under regulation 14 (scoping directions of the Welsh Ministers)

8

The matters referred to in regulation 14(5) are—

(a) the date by which the scoping information must be provided (being the date on which the relevant period for the purposes of regulation 14(10) ends);

(b) the effect of regulation 14(11) (suspension);

(d) the effect of regulation 51 (prohibition);

(e) the effect of regulation 14(12) (consultation prior to making scoping direction);

(f) the effect of regulation 14(15) (making of scoping direction does not preclude right to require further information or evidence);

(g) the duty imposed on the applicant or, as the case may be, the operator, by regulation 46 (publicity).

(h) the right to challenge the notification and the time period for doing so.

9

The matters referred to in regulation 14(13)(b) are—

(a) the date by which the draft environmental statement must be submitted (being the date on which the relevant period for the purposes of regulation 17(3) ends);

(b) that the environmental statement must include all of the information specified in the scoping direction;

(d) the effect of regulation 50 (duration of suspension);

(e) the effect of regulation 51 (prohibition);

(f) the effect of regulation 16 (procedure to facilitate preparation of environmental statements);

(g) the effect of regulation 14(15) (making of scoping direction does not preclude right to require further information or evidence);

(h) the effect of regulation 18 (draft environmental statement: pre-consultation checks);

(i) the duty imposed on the applicant or appellant by regulation 46 (publicity).

(j) the right to challenge the scoping direction and the time period for doing so.

Notifications under regulation 15 (substitute scoping directions)

10

The matters referred to in regulation 15(5) are—

(a) the date by which the scoping information must be provided (being the date on which the relevant period for the purposes of regulation 15(10) ends);

(b) the effect of regulation 15(11) (suspension);

(d) the effect of regulation 51 (prohibition);

(e) the Welsh Ministers' duties under regulation 15(12) (consultation prior to making scoping direction);

(f) the effect of regulation 15(15) (making of scoping direction does not preclude right to require further information or evidence);

(g) the duty imposed on the applicant, appellant or, as the case may be, the operator, by regulation 46 (publicity).

(h) the right to challenge the notification and the time period for doing so.

11

The matters referred to in regulation 15(13) are–

(a) the date by which the draft environmental statement must be submitted (being the date on which the relevant period for the purposes of regulation 17(4) ends);

(b) that the environmental statement must include all of the information specified in the scoping direction;

(d) the effect of regulation 50 (duration of suspension);

(e) the effect of regulation 51 (prohibition);

(f) the effect of regulation 16 (procedure to facilitate preparation of environmental statements);

(g) the effect of regulation 15(15) (making of scoping direction does not preclude right to require further information or evidence);

(h) the effect of regulation 18 (draft environmental statement: pre-consultation checks);

(i) the duty imposed on the applicant or appellant by regulation 46 (publicity).

(j) the right to challenge the scoping direction and the time period for doing so.

Notifications under regulation 18 (draft environmental statement: pre-consultation checks)

12

The matters referred to in regulation 18(6)(b) are—

(a) the date by which the specified information must be provided (being the date on which the relevant period for the purposes of regulation 18(8) or, as the case may be, regulation 18(9), ends);

(b) the effect of regulation 18(10) (suspension);

(d) the effect of regulation 51 (prohibition);

(e) the effect of regulation 18(12) to (24) (requirement to consider form of environmental statement);

(f) the effect of regulation 18(25) (instruction to publish does not preclude right to require further information or evidence);

(g) the duty imposed on the applicant, appellant or, as the case may be, the operator, by regulation 46 (publicity).

(h) the right to challenge the notification and the time period for doing so

13

The matters referred to in regulation 18(15) are–

(a) the date by which the further draft environmental statement must be submitted (being the date on which the relevant period for the purposes of regulation 18(16) ends);

(b) the effect of regulation 18(17) (suspension);

(d) the effect of regulation 51 (prohibition);

(e) the effect of regulation 18(19) to (24);

(f) the effect of regulation 18(25) (instruction to publish does not preclude right to require further information or evidence);

(g) the duty imposed on the applicant or appellant by regulation 46 (publicity).

(h) the right to challenge the notification and the time period for doing so.

14

The matters referred to in regulation 18(24)(d) are—

(a) the effect of regulation 19(1) (duty to comply with regulation 21);

(b) the date by which the documentary evidence required by regulation 21 must be submitted (being the date on which the relevant period for the purposes of regulation 19(1) ends);

(d) the effect of regulation 50 (duration of suspension);

(e) the effect of regulation 51 (prohibition);

(f) the requirements of regulation 20 (environmental statements: publicity requirements);

(g) the requirements of regulation 21 (requirement to submit documentary evidence of publication);

(h) the requirement imposed by regulation 22(1) (provision of copies of environmental statement);

(i) the requirement imposed by regulation 23 (availability of copies of environmental statements);

(j) the right conferred by regulation 25 (charges for copies of environmental statements);

(k) where the notification relates to an EIA application which is before a relevant mineral planning authority for determination, the effect of regulation 24 (provision of copies of environmental statements for the Welsh Ministers on referral or appeal);

(l) the effect of regulation 18(25) (instruction to publish does not preclude right to require further information or evidence);

(m) the effect of regulation 32(4) (prohibition on determination during consultation period);

(n) the duty imposed on the applicant or appellant by regulation 46 (publicity);

(o) the right to challenge the notification and the time period for doing so.

Notifications under regulation 26 (further information)

15

The matters referred to in regulation 26(3) are—

(a) the date by which the further information must be provided (being the date on which the relevant period for the purposes of regulation 26(4) ends);

(b) the effect of regulation 26(5) (suspension);

(d) the effect of regulation 51 (prohibition);

(e) the effect of regulation 28 (further information and evidence: pre-consultation checks);

(f) the effect of regulation 26(6) (notification does not preclude requirement to submit further information or evidence);

(g) the duty imposed on the applicant, appellant or, as the case may be, the operator, by regulation 46 (publicity);

(h) the right to challenge the notification and the time period for doing so.

Notifications under regulation 27 (evidence)

16

The matters referred to in regulation 27(3) are—

(a) the date by which the evidence must be provided (being the date on which the relevant period for the purposes of regulation 27(4) ends);

(b) the effect of regulation 27(5) (suspension);

(d) the effect of regulation 51 (prohibition);

(e) the effect of regulation 28 (further information and evidence: pre-consultation checks);

(f) the effect of regulation 27(6) (notification does not preclude requirement to submit further information or evidence);

(g) the duty imposed on the applicant, appellant or, as the case may be, the operator, by regulation 46 (publicity);

(h) the right to challenge the notification and the time period for doing so.

Notifications under regulation 28 (further information and evidence: pre-consultation checks)

17

The matters referred to in regulation 28(5)(b) are—

(a) the date by which the further information or evidence must be re-submitted (being the date on which the relevant period for the purposes of regulation 28(6) ends);

(b) the effect of regulation 28(7) (suspension);

(d) the effect of regulation 51 (prohibition);

(e) the effect of regulation 28(8) to (12);

(f) the effect of regulation 28(13) (notification does not preclude requirement to submit further information or evidence);

(g) the duty imposed on the applicant, appellant or, as the case may be, the operator, by regulation 46 (publicity);

(h) the right to challenge the notification and the time period for doing so.

18

The matters referred to in regulation 28(8)(d) are—

(a) the date by which the documentary evidence of publication must be provided (being the date on which the relevant period for the purposes of regulation 29(1) ends);

(b) the effect of regulation 29(2) (suspension);

(d) the effect of regulation 51 (prohibition);

(e) the requirements of regulation 30 (further information or evidence: publicity requirements);

(f) the requirements of regulation 31 (documentary evidence of publication);

(g) the effect of regulation 32(1) (provision of consultation copies to relevant mineral planning authority or the Welsh Ministers);

(h) the effect of regulation 33 (reasonable number of copies of further information or evidence to be made available to the public);

(i) the right conferred by regulation 35 (charges for copies of further information or evidence);

(j) the effect of regulation 34 (provision of copies of further information and evidence for the Welsh Ministers on referral or appeal);

(k) the effect of regulation 32(4) (prohibition on determination during consultation period);

(l) the effect of regulation 28(13) (written notification given under regulation 28 does not preclude right to require further information or evidence);

(m) the duty imposed on the applicant, appellant or, as the case may be, the operator, by regulation 46 (publicity);

(n) the right to challenge the notification and the time period for doing so.

Signed

Jane Hutt — Minister for Business and Budget, one of the Welsh Ministers — 2009-12-16

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: Dynodir Gweinidogion Cymru felly gan O.S. 2007/1679.

[^f00002]: 1972 p.68. Mae adran 2(2) yn cynnwys y pŵer i wneud darpariaeth benodol mewn perthynas â'r Ardal Economaidd Ewropeaidd yn rhinwedd adran 2(5) o Ddeddf yr Ardal Economaidd Ewropeaidd 1993 (1993 p.51).

[^f00003]: 1981 p.69.

[^f00004]: 1949 p.97.

[^f00006]: 2000 p.37.

[^f00007]: Rhoddodd Deddf 2000 y swyddogaethau perthnasol i Gynulliad Cenedlaethol Cymru ac mae'r swyddogaethau hynny'n arferadwy bellach gan Weinidogion Cymru yn rhinwedd paragraff 30 o Atodlen 11 i Ddeddf Llywodraeth Cymru 2006 (p.32).

[^f00009]: O.S, 1995 Rhif 419; gwnaed diwygiadau perthnasol gan O.S. 1996/525; O.S. 1996/1817; O.S. 1997/858; O.S. 1999/981; Deddf yr Amgylchedd 1995 (p.25); a Deddf Cefn Gwlad a Hawliau Tramwy 2000 (p.37).

[^f00011]: 1972 p.70.

[^f00012]: Trosglwyddwyd swyddogaethau perthnasol yr Ysgrifennydd Gwladol o dan Ddeddfau 1991 a 1995 i'r graddau yr oeddent yn arferadwy o ran Cymru, i Gynulliad Cenedlaethol Cymru gan O.S. 1999 Rhif 672 ac mae'r swyddogaethau hynny'n arferadwy bellach gan Weinidogion Cymru yn rhinwedd paragraff 30 o Atodlen 11 i Ddeddf Llywodraeth Cymru 2006 (p.32).

[^f00013]: O.S. 2004 Rhif 3391.

[^f00014]: 2000 p. 36.

[^f00015]: Trosglwyddwyd swyddogaethau'r Ysgrifennydd Gwladol o dan Ddeddfau 1991 a 1995, i'r graddau yr oeddent yn arferadwy o ran Cymru, i Gynulliad Cenedlaethol Cymru gan O.S. 1999 Rhif 672 ac maent yn arferadwy bellach gan Weinidogion Cymru yn rhinwedd paragraff 30 o Atodlen 11 i Ddeddf Llywodraeth Cymru 2006 (p.32).

[^f00016]: Trosglwyddwyd swyddogaethau'r Ysgrifennydd Gwladol i'r graddau yr oeddent yn arferadwy o ran Cymru, i Gynulliad Cenedlaethol Cymru gan O.S. 1999/672 ac maent yn arferadwy bellach gan Weinidogion Cymru yn rhinwedd paragraff 30 o Atodlen 11 i Ddeddf Llywodraeth Cymru 2006 (p.32).

[^f00017]: O.J. Rhif L103, 25.4.79, t.1.

[^f00018]: Diwygiwyd y Gyfarwyddeb Adar Gwyllt ddiwethaf gan Gyfarwyddeb y Cyngor 2008/102/EC. O.J. Rhif L323, 3.12.2008, t.31.

[^f00019]: O.J. Rhif L206, 27.7.92, t.7.

[^f00020]: Diwygiwyd y Gyfarwyddeb Cynefinoedd ddiwethaf gan Gyfarwyddeb y Cyngor 2006/105/EC ddyddiedig 20 Tachwedd 2006 a oedd yn addasu Cyfarwyddebau 79/409/EEC, 92/43/EEC, 97/68/EC, 2001/80/EC a 2001/81/EC ym maes yr amgylchedd, oherwydd ymaelodaeth Bwlgaria a Romania (O.J. Rhif L363, 20.12.2006, t. 368; a gweler O.J. L80, 21.3.2007, t. 15, ar gyfer y Corigendwm a ddiwygiodd yr enw gwreiddiol).

Draft environmental statements: pre-consultation checks

Time periods within which written notification must be given

Environmental statements: requirement to submit documentary evidence of publication

(5) The Welsh Ministers must take such steps as they consider most likely to bring to the attention of persons likely to be interested in an undetermined ROMP application, any information of the kind specified in paragraph (7) as soon as reasonably practicable following the date on which any such information is sent or given by the Welsh Ministers.

(6) Paragraph (5) does not require the Welsh Ministers to post a site notice.

(7) The information referred to in paragraph (5) is–

(a) any direction made by the Welsh Ministers under regulation 5;

(b) any decision notified to a relevant mineral planning authority under regulation 5(7);

(d) any written notification given by the Welsh Ministers under regulation 11(3);

(e) any screening direction made by the Welsh Ministers, a copy of which is sent to an applicant or appellant pursuant to regulation 9(2)(a), 9(4)(b) or 11(12)(a);

(f) in respect of any screening direction mentioned in sub-paragraph (e), the written statement of reasons required by regulation 9(4)(a) to accompany it;

(g) in respect of any screening direction made under regulation 11, any notification required by regulation 11(12)(b) to accompany it

(h) any written notification given under regulation 13(4);

(i) any scoping direction a copy of which is sent to an applicant or appellant pursuant to regulation 13(12);

(j) the written notification required by regulation 13(13) to accompany a copy of any scoping direction sent pursuant to regulation 13(12);

(k) any written notification given under regulation 14(5);

(l) any scoping direction, a copy of which is sent to an applicant or appellant under regulation 14(13)(a);

(m) any written notification, a copy of which is sent to an applicant or appellant under regulation 14(13)(b);

(n) any written notification given under regulation 15(5);

(o) any scoping direction, a copy of which is sent to an applicant under regulation 15(13);

(p) the written notification required by regulation 15(13) to accompany a copy of a scoping direction sent to an applicant under that regulation;

(q) any written notification given by the Welsh Ministers under regulation 18(6);

(r) any written notification given by the Welsh Ministers under regulation 18(15);

(s) any written notification given by the Welsh Ministers pursuant to regulation 18(21);

(t) any written notification given by the Welsh Ministers under regulation 26(1);

(u) the written notification required by regulation 26(3) to accompany any written notification given under regulation 26(1);

(v) any written notification given by the Welsh Ministers under regulation 27(1) or (2);

(w) the written notification required by regulation 27(3) to accompany any written notification given under regulation 27(1) or (2);

(x) any written notification given by the Welsh Ministers under regulation 28(5);

(y) any written notification given by the Welsh Ministers under regulation 28(8).

(8) This paragraph applies to any applicant or appellant to whom a copy of a screening direction is sent pursuant to regulation 9(2)(a), 9(4)(b) or 11(12)(a), or to whom written notification is given pursuant to any provision mentioned in paragraph (4) or (7).

(9) An applicant or appellant to whom paragraph (8) applies 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 copy of–

(a) any screening direction mentioned in that paragraph;

(b) any written notification given to the applicant or appellant pursuant to any provision mentioned in paragraph (4) or (7);

within 14 days of the date on which such notification is given.

(10) Where a copy of a written notification posted on the land in accordance with paragraph (9)(b) is of the kind mentioned in paragraph (4)(j) or (m), or paragraph (7)(j), (m) or (p), the copy of that notification which is posted on the land must be accompanied by a notice stating an address in the locality in which the land is situated, at which a copy of the associated scoping opinion or direction can be inspected at all reasonable hours.

(11) This paragraph applies to any operator to whom written notification is given under or pursuant to–

(a) regulation 11(3);

(b) regulation 12(2);

(d) regulation 14(5);

(e) regulation 15(5);

(f) regulation 18(6);

(g) regulation 26(1);

(h) regulation 27(2);

(i) regulation 28(5);

(j) regulation 28(8).

(12) An operator to which paragraph (11) applies must, unless the operator has not, and was not reasonably able to acquire, such rights as would enable the operator to do so, post on the land a copy of any such written notification as is referred to in that paragraph within 14 days of the date on which the notification is given.

(13) A copy of a direction or written notification posted on the land in accordance with paragraph (9), and any notification posted on the land in accordance with paragraph (10) or (12), must—

(a) be left in position for not less than fourteen days; 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.

Editorial notes

[^key-614bb0598cf39bb58f7b31148bfbcf68]: Rhl. 1 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-0e7a5b773ac79907d1475efa364a7b8f]: Rhl. 2 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-d1c9bd8579ac593a8a8d57abfebc62d8]: Rhl. 3 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-b7b323024bb57577766b6bf35da0fbd4]: Rhl. 4 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-9f11c92646f57f3249761a9d541eb7fd]: Rhl. 5 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-8da616099c91f9d702a7a4e00724094d]: Rhl. 6 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-f7bb838aa1346d59510f48f32fbb8673]: Rhl. 7 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-d8d2f7391aae8ca83e0c63262fc7c44c]: Rhl. 8 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-174113eed56a375e30b587499f0a2ef6]: Rhl. 9 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-392eaab29e960daed1338d2f19765e42]: Rhl. 10 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-cca0ab2a50c58ac503e36616330ae658]: Rhl. 11 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-1a88dc832a0919520fecc22c6735a9ea]: Rhl. 12 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-698e9252b6d1c087975520954e7105b1]: Rhl. 13 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-56b0617dc74a82b0907f4491c5db42f9]: Rhl. 14 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-93b57c388f9aabdd1db873ea27466183]: Rhl. 15 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-e2fa38f1a888ead300f2a12af2071c32]: Rhl. 16 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-d0556162d6df947b90baaa754ad13390]: Rhl. 17 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-c987f24549f2dea5489d44ca524d2967]: Rhl. 18 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-77836bb74afa1773a44355dc9bda24a3]: Rhl. 19 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-566a0716a1372fb10c791bd2a233059d]: Rhl. 20 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-f034cd7e0f1b3918db10ea52fe35fb71]: Rhl. 21 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-87328e1dbb70277b43858c2807f00829]: Rhl. 22 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-7139ffdf74c8b9591be0833e9e028cbf]: Rhl. 23 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-937ea2acb10ffb7138664b452ce4cc54]: Rhl. 24 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-8612120e624d6d5e7eb91c939f678936]: Rhl. 25 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-58f106487ec300044111e18813d03ed4]: Rhl. 26 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-a016fdad96a8678e5a15acdb148f6574]: Rhl. 27 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-ad8368832118aa313b53653db479ce41]: Rhl. 28 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-f97ea58da81302e9b3e81f7738dfc10e]: Rhl. 29 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-7d0b415336f9967ac159714131e026e6]: Rhl. 30 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-ed0a31f6fc3ccbf39f6c3306e17da1e6]: Rhl. 31 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-8c0c610c1fecf5d23465e62e28e3b1b7]: Rhl. 32 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-938d91b29445431fbd4e5270d4a7d7f4]: Rhl. 33 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-bd9044831583eb613ceb74e77af20dd5]: Rhl. 34 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-0f7fca7befe53f2306a2f42bd22cfa6f]: Rhl. 35 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-b8a26721a13870051f1c6dea57a91426]: Rhl. 36 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-38514baa198a3a85e745749ee45564ef]: Rhl. 37 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-ad6f1c9cad922cdeab1cbc87f373d426]: Rhl. 38 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-99440e9cdcfdd8021930560886c0e142]: Rhl. 39 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-e892dc92aa6a198300e214f96fab2550]: Rhl. 40 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-6027197dbba4b0e68f59074dab77990c]: Rhl. 41 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-05c90f39aeb66bbd716594771969c668]: Rhl. 42 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-13cd830278aeca9840840e04a6c652d0]: Rhl. 43 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-5246a7bbf9d793ebde075f61da3a8654]: Rhl. 44 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-01dd6077c4ca270c1fb759454b12a87e]: Rhl. 45 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-824af5d03105f9b90f93e4e0723f3a52]: Rhl. 46 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-3beaa929f159d6ea410719dee888f8c9]: Rhl. 47 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-7ea0f25dbc90f3f686f5c0db654a42ae]: Rhl. 48 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-944755fb138d628845c614aca2cb75fd]: Rhl. 49 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-fc741a6c39b61e24ac5e8b5cc1e37f26]: Rhl. 50 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-6eeba62c5517952c55869b4ed446ef0e]: Rhl. 51 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-064583dbeb69fd38e540ae48d5713577]: Rhl. 52 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-342f37b5359226a82a78e02b3e425799]: Rhl. 53 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-f569fba26eeea9855f4fa4daa2fa54c3]: Rhl. 54 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-a35872928d9d4df4a6b6696028cd66ed]: Atod. 1 para. 1 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-ccc6fd21d4e57afd696d85223c21d1e5]: Atod. 1 para. 2 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-88be096fa5b9196d49ac61fa363c4492]: Atod. 1 para. 3 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-f3e3409b6d8d18d9811570597c6a382e]: Atod. 2 para. 1 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-0ea699a80e785be77cabcd0865cda83c]: Atod. 2 para. 2 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-6650b2a4b188b8948dad97fc3c3be95e]: Atod. 2 para. 3 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-cc10d4ce509d50d083c35e3c86c54dba]: Atod. 2 para. 4 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-7ef0fbec068ca4f33b96b00a3bc9c295]: Atod. 2 para. 5 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-cbeb71496f38fa9cf2da6b6617067c68]: Atod. 2 para. 6 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-0137455e03aeb60c4f934361d5a54f16]: Atod. 2 para. 7 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-2d9883a32eb493052ac06fc15a191c44]: Atod. 2 para. 8 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-51b52cf0ebf6b3c192a0a029ba2f2cbb]: Atod. 2 para. 9 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-6396441cfc67c1a2750cc3c722807b16]: Atod. 2 para. 10 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-734a432015c8d78538d9d72c6d7291b3]: Atod. 2 para. 11 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-8efbd0e09cbc5a6e90d6551780f44ef6]: Atod. 2 para. 12 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-619675edac40cf8e6a9e62e5adc32404]: Atod. 2 para. 13 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-aeac4095dc19ce046de4c6f887b8bba1]: Atod. 2 para. 14 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-03230d72f2785302a36e8388b5031e42]: Atod. 3 para. 1 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-4fd8754c4e22e6d76ab5cd3e536817f0]: Atod. 3 para. 2 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-d61eaf1ec9859baca300afcf0239e6c8]: Atod. 3 para. 3 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-853f630f29eaecc07c7190ee11836986]: Atod. 3 para. 4 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-cd340ad9ab9c4042d09253793d4f3a61]: Atod. 3 para. 5 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-573906af17a612a87bd4c744e16af020]: Atod. 3 para. 6 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-99e9f0a2d3440d863f2d8c31767f156b]: Atod. 3 para. 7 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-b10bd6f54103ff7d9a5f2ddacc45ff46]: Atod. 3 para. 8 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-17a5c4a0cb770f59c7804e389489b2c3]: Atod. 3 para. 9 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-3771ad504bda33832ff94308f47da470]: Atod. 3 para. 10 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-8113dd51e36705019a8901ae9ea36d43]: Atod. 3 para. 11 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-bf835a90d2b318eed3c0ac1f0601d249]: Atod. 3 para. 12 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-a120678cf9e8596b2d4d10c6975a78e2]: Atod. 3 para. 13 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-eb56360e2ba7b70fed22722974446054]: Atod. 3 para. 14 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-4ba23484108f17eb06d98657cee2108c]: Atod. 3 para. 15 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-c4a1401af96c1e5fc5a3317485144319]: Atod. 3 para. 16 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-fdd1ea8b739ab27736e5c5bb7a880956]: Atod. 3 para. 17 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-60e730046a1fa35fe6dac2a61514d384]: Atod. 3 para. 18 mewn grym ar 8.1.2010, gweler rhl. 1(2)

[^key-4cc7100ee29f3dcd95818859562577a4]: Geiriau yn rhl. 2(1) wedi eu hamnewid (1.4.2013) gan Gorchymyn Corff Adnoddau Naturiol Cymru (Swyddogaethau) 2013 (O.S. 2013/755), ergl. 1(2), Atod. 5 para. 56(2)(a) (ynghyd ag Atod. 7)

[^key-6cf8567f3243dc55f170ae02e1bce866]: Geiriau yn rhl. 2(1) wedi eu hepgor (1.4.2013) yn rhinwedd Gorchymyn Corff Adnoddau Naturiol Cymru (Swyddogaethau) 2013 (O.S. 2013/755), ergl. 1(2), Atod. 5 para. 56(2)(b) (ynghyd ag Atod. 7)

[^key-3bd1c9e299004cf443761a5d0c3ebe63]: Geiriau yn rhl. 2(1) wedi eu hamnewid (1.4.2013) gan Gorchymyn Corff Adnoddau Naturiol Cymru (Swyddogaethau) 2013 (O.S. 2013/755), ergl. 1(2), Atod. 5 para. 56(3) (ynghyd ag Atod. 7)

[^key-d49ab4f9da70bac7d12da823af731680]: Geiriau yn rhl. 2(1) wedi eu hamnewid (1.3.2016) gan Rheoliadau Cynllunio Gwlad a Thref (Asesu Effeithiau Amgylcheddol) (Cymru) 2016 (O.S. 2016/58), rhl. 1(2), Atod. 9 para. 6(2) (ynghyd ag rhl. 59)

[^key-753d0245ea8593d8e691a5770fadd059]: Rhl. 52 wedi ei amnewid (1.3.2016) gan Rheoliadau Cynllunio Gwlad a Thref (Asesu Effeithiau Amgylcheddol) (Cymru) 2016 (O.S. 2016/58), rhl. 1(2), Atod. 9 para. 6(3) (ynghyd ag reg. 59)

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