The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016

(1) Each local planning authority must keep a record containing a copy of every section 97 order and section 102 order relating to their area, together with a statement of the reasons for making the order; and the authority must take steps to secure that there is also placed on that record a copy of any relevant— (a) screening opinion; (b) screening direction; (c) scoping opinion; (d) direction under regulation 4(4); (e) statement referred to as the environmental statement, including any further information; (f) statement of reasons accompanying any of the above. (2) Where the local planning authority adopt a screening opinion or scoping opinion, or receive a copy of a screening direction or scoping direction before a section 97 order or a section 102 order is made, the authority must take steps to secure that a copy of the opinion or direction and any accompanying statement of reasons is made available for public inspection at all reasonable hours at the place where the record is kept. (3) Copies of the documents referred to in paragraph (2) must remain so available for a period of two years from the date on which they are placed on the record.

14

Regulation 24 is to be read as if it provided—

(24) (1) In this regulation, “decision” (“penderfyniadmeans, in relation to an order which takes effect under section 97(7) of the 1990 Act, the decision to make the order and otherwise, the decision to confirm the section 97 order or the section 102 order. (2) Where a section 97 order or a section 102 order permitting or requiring EIA development takes effect, the Welsh Ministers must— (a) notify the local planning authority for the area to which the order relates when the order is made or confirmed; and (b) other than in relation to section 97 orders which take effect without being confirmed by the Welsh Ministers pursuant to section 99(7) of the 1990 Act, provide the authority with a statement containing the information in paragraph (3)(c). (3) Where a section 97 order or a section 102 order permitting or requiring EIA development takes effect, the local planning authority for the area to which the order relates must— (a) inform the public of the decision, by local advertisement, or by such other means as are reasonable in the circumstances; and (b) make available for public inspection at the place where the record of section 97 orders and section 102 orders is kept, a statement containing— (i) the content of the decision and any conditions attached to it; (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 permitted or required by the order; and (iv) information regarding the right to challenge the validity of the decision and the procedures for doing so.

15

Regulation 53 is to be read as if—

• (a) “decision” has the same meaning as in paragraph 14;

• (b) in paragraph (1) subparagraph (a) read—

(a) it comes to the attention of the Welsh Ministers that EIA development proposed to be carried out in Wales for which an initiating body proposes to require or permit by a section 97 order or a section 102 order is likely to have significant effects on the environment in an EEA State; or

; and

• (c) in paragraphs (3) and (6), instead of “application” it read “proposed section 97 order or section 102 order”.

SCHEDULE 7 — ROMP Applications

Modification of provisions on prohibition of granting planning permission or subsequent consent

1

Regulation 3 (prohibition on granting planning permission or subsequent consent without consideration of environmental information) is to be read as if—

• (a) in paragraph (1)(b), “3 (applications for planning permission)” read “11 (other consents)”;

• (b) in paragraph (2), in the case of a ROMP application, “determined in accordance with article 22(3) (time periods for decisions) of the 2012 Order”, read “the date on which a ROMP application has been made which complies with the provisions of paragraphs 2(3) to (5) and 4(1) of Schedule 2 to the 1991 Act, 9(2) of Schedule 13 to the 1995 Act , or 6(2) of Schedule 14 to the 1995 Act”.

Modification of provisions on application to local planning authority without an environmental statement

2

In the case of a ROMP application, regulation 10(4) (application made to a local planning authority without an environmental statement) is to be read as if—

• (a) “21 days” read “6 weeks”; and

• (b) after “the notification”, it read “, or within such other period as may be agreed with the authority in writing”.

Disapplication of Regulations and modifications of provisions on application referred to or appealed to the Welsh Ministers without an environmental statement

3

• (1) In the case of a ROMP application, regulations 10(6) and (8), 11(6) and (7), 12(7), 25 and 57 do not apply.

• (2) In the case of a ROMP application, regulation 11(5) (application referred to the Welsh Ministers without an environmental statement) and regulation 12(6) (appeal to the Welsh Ministers without an environmental statement) are to be read as if—

• (a) “21 days” read “6 weeks”; and

• (b) after “the notification” they read “, or within such other period as may be agreed with the Welsh Ministers in writing”.

Substitution of references to section 78 of the 1990 Act right of appeal and modification of provisions on appeal to the Welsh Ministers without an environmental statement

4

• (1) In the case of a ROMP application, in regulations 12(1) and 18(b), for the references to “section 78 of the 1990 Act (right to appeal against planning decisions and failure to take such decisions)” read—

paragraph 5(2) of Schedule 2 to the 1991 Act, paragraph 11(1) of Schedule 13 to the 1995 Act or paragraph 9(1) of Schedule 14 to the 1995 Act (right of appeal)

• (2) In the case of a ROMP application, read regulation 12(2) (appeal to the Welsh Ministers without an environmental statement) as if “, except by refusing planning permission or subsequent consent,” were omitted.

Modification of provisions on preparation, publicity and procedures on submission of environmental statements

5

• (1) In the case of a ROMP application, in regulations 13(10) and 14(9), for the words “an application for planning permission or a subsequent application for” read “a ROMP application which relates to another planning permission which authorises”.

• (2) In the case of a ROMP application, in regulation 16 (procedure where an environmental statement is submitted to a local planning authority) for paragraph (4) read—

(4) Where an applicant submits an environmental statement to the authority in accordance with paragraph (1), the provisions of article 12 of and Schedule 3 to the 2012 Order (publicity for applications for planning permission) apply to a ROMP application under paragraph— (a) 2(2) of Schedule 2 to the 1991 Act, and (b) 6(1) of Schedule 14 to the 1995 Act , as they apply to a planning application falling within paragraph (2) of article 12 of the 2012 Order except that for the references in the notice in Schedule 3 to the 2012 Order to “planning permission” there is substituted “determination of the conditions to which a planning permission is to be subject” and that the notice must refer to the relevant provisions of the 1991 Act or 1995 Act pursuant to which the application is made.

• (3) In the case of a ROMP application, in regulation 17 (publicity where an environmental statement is submitted after the planning application)—

• (a) in paragraph (2)(a) for the words “that an application is being made for planning permission or subsequent consent” read—

that an application is being made for determination of the conditions to which a planning permission is to be subject, the relevant provisions of the 1991 Act or 1995 Act pursuant to which the application is made

• (b) for paragraph (7) read—

(7) Where an applicant indicates that is the applicant proposes to provide such a statement and in such circumstances as are mentioned in paragraph (1), the relevant planning authority, the Welsh Ministers or the inspector, as the case may be, must suspend consideration of the application or appeal until the date specified by the authority or the Welsh Ministers for submission of the environmental statement and compliance with paragraph (6); and must not determine the application or appeal during the period of 21 days beginning with the date of receipt of the statement and the other documents mentioned in paragraph (6).

• (4) In the case of a ROMP application, in regulation 18 (provision of copies of environmental statements and further information for the Welsh Ministers on referral or appeal), in paragraph (a) for “section 77 of the 1990 Act” read “paragraph 7(1) of Schedule 2 to the 1991 Act, paragraph 13(1) of Schedule 13 to the 1995 Act or paragraph 8(1) of Schedule 14 to the 1995 Act”.

• (5) In the case of a ROMP application, in regulation 20 (availability of copies of environmental statements) after “the 2012 Order” read “(as applied by regulation 16(5) or by paragraph 9(5) of Schedule 13 to the 1995 Act),”.

• (6) In the case of a ROMP application, in regulation 22 (further information and evidence in respect of environmental statements)—

• (a) in paragraph (3)(a) for the words “applicant for planning permission or subsequent consent or the appellant (as the case may be)” read—

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 Act or 1995 Act pursuant to which the application is made

• (b) in paragraph (7)(a) after the words “application or appeal” read “until the date they specify for submission of the further information”.

Modification of provisions on application to the High Court and giving of directions

6

• (1) In the case of a ROMP application, for regulation 55 (application to the High Court) read—

(55) For the purposes of Part 12 of the 1990 Act (validity of certain decisions), the reference in section 288 of the 1990 Act, 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 Welsh Ministers not being within the powers of the 1990 Act must be taken to extend to the determination of a ROMP application by the Welsh Ministers in contravention of regulation 3.

• (2) The direction making power in article 18(2) of the 2012 Order applies to ROMP development as it applies to development in respect of which a planning application is made.

Suspension of minerals development

7

• (1) Where the authority, the Welsh Ministers or an inspector are dealing with a ROMP application or an appeal arising from a ROMP application and notify the applicant or appellant, as the case may be, that—

• (a) the submission of an environmental statement is required under regulation 10(1), 11(2) or 12(4) then such notification must specify the period within which the environmental statement and compliance with regulation 17(6) is required; or

• (b) a statement should contain additional information under regulation 22(1),

then such notification must specify the period within which that information is to be provided.

• (2) Subject to paragraph (3), the planning permission to which the ROMP application relates may only authorise any minerals development (unless the Welsh Ministers have made a screening direction to the effect that ROMP development is not EIA development) if the applicant or the appellant has—

• (a) written to the authority or Welsh Ministers within the 6 week or other period agreed pursuant to regulation 10(3) and 10(4), 11(3) and 11(5) or 12(6);

• (b) submitted an environmental statement and complied with regulation 17(6) within the period specified by the authority or the Welsh Ministers in accordance with paragraph (1) or within such extended period as is agreed in writing;

• (c) provided additional information within the period specified by the authority, the Welsh Ministers or an inspector in accordance with paragraph (1) or within such extended period as is agreed in writing; or

• (d) where a notification under regulation 5(4), 6(3), 13(3) or 14(3) has been received, provided the additional information requested within 21 days beginning with the date of the notification, or within such extended period as may be agreed in writing.

• (3) Where paragraph (2) applies, the planning permission may not authorise any minerals development from the end of—

• (a) the relevant period specified in or agreed pursuant to regulations 10(3) and 10(4), 11(3) and 11(5) or 12(6); and

• (b) the period specified or agreed in writing as referred to in sub-paragraphs (2)(b), (c), and (d),

until the applicant has complied with all of the provisions referred to in paragraph (2) which are relevant to the application or appeal in question.

• (4) Particulars of the suspension of minerals development and the date when that suspension ends must be entered in the appropriate part of the register as soon as reasonably practicable.

• (5) Paragraph (2) does not affect any minerals development carried out under the planning permission before the date of suspension of minerals development.

• (6) For the purposes of paragraphs (2) to (5), “minerals development” (“datblygiad mwynau”) means development consisting of the winning and working of minerals, or involving the depositing of mineral waste.

Determination of conditions and right of appeal on non-determination

8

• (1) Where it falls to a mineral planning authority to determine a Schedule 1 or a Schedule 2 application, paragraph 2(6)(b) of Schedule 2 to the 1991 Act, paragraph 9(9) of Schedule 13 to the 1995 Act or paragraph 6(8) of Schedule 14 to the 1995 Act does not have effect to treat the authority as having determined the conditions to which any relevant planning permission is to be subject unless either—

• (a) the mineral planning authority has adopted a screening opinion; or

• (b) the Welsh Ministers have made a screening direction to the effect that the ROMP development in question is not EIA development;

• (2) Where it falls to a mineral planning authority or the Welsh Ministers to determine a Schedule 1 or a Schedule 2 application—

• (a) section 69 of the 1990 Act (register of applications, etc), and any provisions of the 2012 Order made by virtue of that section, have effect with any necessary amendments as if references to applications for planning permission included ROMP applications under paragraph 9(1) of Schedule 13 to the 1995 Act and paragraph 6(1) of Schedule 14 to the 1995 Act ; and

• (b) 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 section 69 of the 1990 Act as applied by sub-paragraph (i), with regulation 23 as applied by regulation 52, and with paragraph 7(4) of this Schedule.

• (3) Where it falls to the mineral planning authority or the Welsh Ministers to determine an EIA application made under paragraph 2(2) of Schedule 2 to the 1991 Act, paragraph 4(4) of that Schedule does not apply.

• (4) Where it falls to the mineral planning authority to determine an EIA application, the authority must give notice of their determination of the ROMP application within 16 weeks beginning with the date of receipt by the authority of the ROMP application or such extended period as may be agreed in writing between the applicant and the authority.

• (5) For the purposes of paragraph (4), a ROMP application is received by the authority when they receive—

• (a) a document referred to by the applicant as an environmental statement for the purposes of these Regulations;

• (b) any documents required to accompany that statement; and

• (c) any additional information which the authority has notified the applicant that the environmental statement should contain.

• (6) Where paragraph (1) applies—

• (a) 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 mineral planning authority have not given notice of their determination of the ROMP application in accordance with paragraph (4); and

• (b) 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 provide for notice of appeal to be made within 6 months from the expiry of the 16 week or other period agreed pursuant to paragraph (4).

• (7) In determining for the purposes of—

• (a) 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); or

• (b) 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) as applied by paragraph 8(6)(b) of this Schedule,

the time which has elapsed without the mineral planning authority giving the applicant notice of their determination in a case where the authority have notified an applicant in accordance with regulation 10(1) that the submission of an environmental statement is required and the Welsh Ministers have given a screening direction in relation to the ROMP development in question no account may be taken of any period before the issue of the direction.

ROMP application by a mineral planning authority

9

• (1) Where a mineral planning authority propose to make or makes a ROMP application which is a Schedule 1 or a Schedule 2 application to the Welsh Ministers under regulation 11 (other consents) of the General Regulations , these Regulations apply to that application or proposed application as they apply to a ROMP application referred to the Welsh Ministers under paragraph 7(1) of Schedule 2 to the 1991 Act, paragraph 13(1) of Schedule 13 to the 1995 Act or paragraph 8(1) of Schedule 14 to the 1995 Act (reference of applications to the Welsh Ministers) subject to the following modifications—

• (a) subject to paragraph (2), regulations 5 to 10, 12, 13, 14, 16 (except for the purposes of regulations 19(3) and (4)), 18 and 24(1) do not apply;

• (b) in regulation 4 (general provisions relating to screening), paragraphs (4) and (10) do not apply;

• (c) regulation 11(2) (application referred to the Welsh Ministers without an environmental statement), applies as if “and must send a copy of that notification to the relevant planning authority” were omitted;

• (d) in regulation 15 (procedure to facilitate preparation of environmental statements)—

• (i) in sub-paragraph (3)(b) for the words “10(4)(a), or 11(5) or 12(6)” read “11(5)”;

• (ii) read paragraph (4) as if “the relevant planning authority and” and “authority or” were omitted;

• (e) in regulation 17(2) (publicity where an environmental statement is submitted after the planning application)—

• (i) in sub-paragraph (a) read as if “and the name and address of the relevant planning authority” were omitted;

• (ii) read as if sub-paragraph (b) provided—

(b) the date on which the application was made and that it has been made to the Welsh Ministers under regulation 11 of the General Regulations;

• (f) read regulation 19(2) (procedure where an environmental statement is submitted to the Welsh Ministers), as if “who must send one copy to the relevant planning authority” were omitted;

• (g) in regulation 22(3) (further information and evidence in respect of environmental statements)—

• (i) read sub-paragraph (a) as if “and the name and address of the relevant planning authority” were omitted;

• (ii) read sub-paragraph (b) as if it provided—

(b) the date on which the application was made and that it has been made to the Welsh Ministers under regulation 11 of the General Regulations;

; and

• (h) regulations 23 (availability of opinions, directions etc for inspection) and 24(2) (duties to inform the public and the Welsh Ministers of final decisions) apply as if the references to a “relevant planning authority” were references to a mineral planning authority.

• (2) A mineral planning authority minded to make a ROMP application to the Welsh Ministers under regulation 11 of the General Regulations may request the Welsh Ministers to make a screening direction, and paragraphs (3) to (6) of regulation 6 apply to such a request as they apply to a request made pursuant to regulation 5(7) except as if in paragraph (5) “, and may request the relevant planning authority to provide such information as they can on any of those points” were omitted.

• (3) A request under paragraph (2) must be accompanied by—

• (a) a plan sufficient to identify the land;

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

• (c) such other information as the authority may wish to provide or make.

• (4) An authority making a request under paragraph (10) must send to the Welsh Ministers any additional information they may request to enable them to make a direction.

ROMP applications: duty to make a prohibition order after two years suspension of permission

10

• (1) This regulation applies if, in relation to a minerals development—

• (a) a period of 2 years beginning with the suspension date has expired, and

• (b) the steps specified in paragraph 7(2) have yet to be taken.

• (2) The “suspension date” is the date on which the suspension of the power to authorise minerals development (within the meaning of paragraph 7(3)) begins.

• (3) Paragraph 3 of Schedule 9 to the 1990 Act (prohibition of resumption of mineral working) has effect in relation to any part of a site as it has effect in relation to the whole site.

• (4) Sub-paragraph (1) of that paragraph has effect as if from “the mineral planning authority may by order” to the end read—

the mineral planning authority— 1. must by order prohibit the resumption of the winning and working or the depositing; and 2. may in the order impose, in relation to the site, any such requirement as is specified in sub-paragraph (3).

• (5) In sub-paragraphs (2)(a) and (b) of that paragraph, references to winning and working or depositing are to be read as references to winning and working or depositing for which permission is not suspended by virtue of paragraph 7(3).

• (6) Paragraph 4(7) of Schedule 9 to the 1990 Act has effect as if “have effect” read “authorise that development”.

SCHEDULE 8 — Statutory instruments revoked

Title of instrument	Reference	Extent of revocation
The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999	S.I. 1999/293	The whole of the Regulations.
The Town and Country Planning (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2000	S.I. 2000/2867	The whole of the Regulations.
The Hazardous Waste (England and Wales) Regulations 2005	S.I. 2005/894	Paragraphs 24 and 25 of Part 2 of Schedule 11.
The Hazardous Waste (Wales) Regulations 2005	S.I. 2005/1806 (W. 138)	Paragraphs 26 and 27 of Part 2 of Schedule 11.
The Town and Country Planning (Application of Subordinate Legislation to the Crown) Order 2006	S.I. 2006/1282	Article 22.
The Town and Country Planning (Environmental Impact Assessment) (Amendment) (Wales) Regulations 2006	S.I. 2006/3099 (W. 283)	The whole of the Regulations.
The Town and Country Planning (Environmental Impact Assessment) (Amendment) (Wales) Regulations 2008	S.I. 2008/2335 (W. 198)	The whole of the Regulations.
The Environmental Permitting (England and Wales) Regulations 2010	S.I. 2010/675	Paragraph 13 of Part 2 of Schedule 26.
The Waste (England and Wales) Regulations 2011	S.I. 2011/988	Paragraph 11 in Part 2 of Schedule 4.
The Environmental Permitting (England and Wales) (Amendment) Regulations 2011	S.I. 2011/2043	Paragraph 2 of Part 2 of Schedule 2.
The Natural Resources Body for Wales (Functions) Order 2013	S.I. 2013/755 (W. 90)	Paragraph 79 of Schedule 4.

SCHEDULE 9 — Consequential amendments

The Town and Country Planning (General Permitted Development) Order 1995

1

• (1) The Town and Country Planning (General Permitted Development) Order 1995 is amended as follows.

• (2) In article 3(10), for “the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999”, substitute “ the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 ”.

• (3) In paragraphs (10) and (11) of article 3—

• (a) for “regulation 4(7)” substitute “ regulation 4(8) ”;

• (b) for “regulation 6(4)” substitute “ regulation 6(6) ”; and

• (c) after “the Secretary of State has” in each place where those words occur, insert “ , or the Welsh Ministers have, ”.

The Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999

2

• (1) The Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999 are amended as follows.

• (2) In regulation 2(1), for the definition of “the 1999 EIA Regulations” substitute “ “the 2016 EIA Regulations” means the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016; ”.

• (3) In regulation 4(3)—

• (a) for sub-paragraph (b), substitute “ be treated for the purposes of those Regulations as if it were a direction of the Welsh Ministers under regulation 6(6) ”; and

• (b) for “the 1999 EIA Regulations” (at both the other places where those words occur) substitute “ the 2016 EIA Regulations ”.

The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999

3

• (1) The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 are amended as follows.

• (2) In regulation 3(1)(c)(ii), for “the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999;” substitute “ the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 ”.

The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006

4

• (1) The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006 are amended as follows.

• (2) In the definition of “EIA application” in regulation 6(8), for “the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999”, substitute “ the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 ”.

The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007

5

• (1) The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007 are amended as follows.

• (2) In regulation 3(2)(b), for “the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 apply”, substitute “ the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 apply ”.

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

6

• (1) The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) 2009 are amended as follows.

• (2) In regulation 2(1), for “ “the 1999 Regulations” (“Rheoliadau 1999”) means the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (S.I. 1999/293);”, substitute “ “the 2016 Regulations” (“Rheoliadau 2016”) means the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016;”.

• (3) For regulation 52, including its heading, substitute—

(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.

• (4) For “the 1999 Regulations”, wherever it occurs, substitute “ the 2016 Regulations ”.

The Town and Country Planning (Environmental Impact Assessment) Regulations 2011

7

• (1) The Town and Country Planning (Environmental Impact Assessment) Regulations 2011 are amended as follows.

• (2) In regulation 56, for “the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999;” substitute “ the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016; ”

The Town and Country Planning (Development Management Procedure) (Wales) Order 2012

8

• (1) The 2012 Order is amended as follows.

• (2) In article 2(1), in the definition of “EIA application”, “EIA development”, “environmental information” and “environmental statement”, for “the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999”, substitute “ the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 ”.

• (3) In article 18(2), for “the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999”, substitute “ the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 ”.

• (4) In article 27—

• (a) in paragraph (6)(a), for “and statement of reasons” substitute “ , statement of reasons and any environmental statement ”;

• (b) in paragraph (6)(b)(i) and (c)(i), for “and the statement of reasons” substitute “ , statement of reasons and any environmental statement ”.

Signed

Carl Sargeant — The Minister for Natural Resources, one of the Welsh Ministers — 2016-01-27

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c. 68. Section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

[^f00002]: S.I. 2007/1679. Seearticle 4.

[^f00003]: 1990 c. 8. Section 71A was inserted by section 15 of the 1991 Act. The functions of the Secretary of State under that Act were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672): seethe entry in Schedule 1 for the 1991 Act. Those functions were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), the functions being relevant Assembly functions as defined in paragraph 30(2).

[^f00004]: Directive 2011/92/EU has been amended by Directive 2014//52/EU. See articles 2(1) and 3(1) of Directive 2014/52/EU.

[^f00005]: O.J. No. L 26, 28.1.2012, p. 1. The Directive has been amended by Directive 2014/52/EU of the European Parliament and of the Council O.J. No. L 124, 25.4.2014, p. 1. See in particular Article 3(1).

[^f00006]: 1991 c. 34.

[^f00007]: 1995 c. 25.

[^f00008]: S.I. 2012/801 (W. 110); amended by S.I. 2015/1330 (W. 123); there are other amending instruments but none is relevant.

[^f00009]: S.I. 2016/55 (W. 25).

[^f00010]: See S.I. 2012/1903 (W. 230).

[^f00011]: S.I. 1992/1492. Relevant amending instruments are S.I. 1992/1892 and S.I. 1997/3006.

[^f00012]: Section 61A was inserted by the Planning and Compulsory Purchase Act 2004 (c. 5), section 40(1); sub-section (1) was repealed by the Planning Act 2008, sections 188(1), (2), 238 and Schedule 13; sub-section (2) was amended by the Planning Act 2008, section 188(1) and (3).

[^f00013]: 1972 c. 70. “Principal council” means a council elected for a county borough.

[^f00014]: Section 69 was substituted by the Planning and Compulsory Purchase Act 2004, section 188(1) and Schedule 6, paragraphs 1 and 3; section 69 was amended by the Planning Act 2008 (c. 29), section 190(1) and (4); the Localism Act 2011 (c. 20), section 237 and Part 18 of Schedule 25. There are other amendments which are not relevant to this instrument.

[^f00015]: Section 62D was inserted by section 19 of the Planning (Wales) Act 2015 (anaw 4).

[^f00016]: Section 77 was amended by the 1991 Act, Schedule 7, paragraph 18.

[^f00017]: 1981 c. 69. Section 28(1) was substituted by the Countryside and Rights of Way Act 2001 (c. 37), section 75(1) and Schedule 9, paragraph 1, and amended by the Natural Environment and Rural Communities Act 2006 (c. 16) section 105(1), Schedule 11, Part 1, paragraph 79, and by the Marine and Coastal Access Act 2009 (c. 23) section 148, Schedule 13, Part 2, paragraph 2(1).

[^f00018]: 1949 (c. 97), see section 5(3). Seesection 27AA for the application of section 28 in relation to land in Wales.

[^f00019]: See Command Paper 9424 and http:/whc.unesco.org/en/list.

[^f00020]: 1979 c. 46.See the definition in section 1(11).

[^f00021]: 2000 c. 37. Section 82(2) was amended by S.I. 2013/755.

[^f00022]: S.I. 2010/490. There are amendments to regulation 8 which are not relevant to these Regulations.

[^f00023]: Section 329 was amended by the Town and Country Planning (Electronic Communications) (Wales) (No. 1) Order 2004 (S.I. 2004/3156 (W. 273)).

[^f00024]: Section 78 was amended by the 1991 Act, section 17(2); the Planning and Compulsory Purchase Act 2004 (c. 5), section 43(2); the Localism Act 2011 (c. 20), section 121 and Schedule 12, paragraphs 1 and 11 and section 123(1) and (3); the Planning Act 2008 (c. 29), section 196(4) and Schedule 10, paragraphs 1 and 3, section 197 and Schedule 11, paragraphs 1 and 2; the Growth and Infrastructure Act 2013 (c. 27), section 1(2) and Schedule 1, paragraphs 1 and 8; the Planning (Wales) Act 2015, sections 45 and 46; and by S.I. 2014/2773 (W. 280), article 3 and Schedule 1, paragraphs 1 and 3. There is another amendment which is not relevant to this instrument.

[^f00025]: Section 77 was amended by the 1991 Act, section 32, Schedule 7, paragraph 18; the Infrastructure Act 2015 (c. 7), section 30(1) and Schedule 4, Part 2, paragraphs 2 and 11(a); and by S.I. 2014/2773 (W. 280), article 3 and Schedule 1, paragraphs 1 and 2. There are other amendments which are not relevant to this instrument.

[^f00026]: S.I. 2004/3391.

[^f00027]: S.I. 1995/418, to which there are amendments not relevant to these Regulations.

[^f00028]: Seethe definition of “simplified planning zone” in section 336 of the 1990 Act.

[^f00029]: Section 172 was substituted by section 5 of the 1991 Act.

[^f00030]: Section 177 was amended by sections 6(3) and 32 of, and paragraph 24 of Schedule 7 to, the 1991 Act; section 123(1), (6) of the Localism Act 2011 (c. 20). There is another amendment which is not relevant to this instrument.

[^f00031]: Section 174 was amended by section 6(1) of, and paragraph 22 of Schedule 7 to, the 1991 Act; the Planning (Wales) Act 2015, section 46; and by S.I 2003/956. See also section 177(5) which was amended by paragraph 24 of Schedule 7 to the 1991 Act.

[^f00032]: See section 177(8) of the 1990 Act.

[^f00033]: Paragraph 6 was amended by S.I. 2004/3156 (W. 273). There is another amendment which is not relevant to these Regulations.

[^f00034]: S.I. 2009/3342 (W. 293).

[^f00035]: Section 288(1)(b) was amended by the Planning (Wales) Act 2015 (anaw 4), section 27 and Schedule 4, paragraph 16.

[^f00036]: There are amendments to section 60 which are not relevant to these Regulations.

[^f00037]: Section 293A was inserted by section 82(1) of the Planning and Compulsory Purchase Act 2004 (c.5) (the “2004 Act”) and has been amended by section 16 and Schedule 2, paragraphs 8 and 9 and section 27 and paras 1 and 17(1) to (3) of Schedule 4 to the Planning (Wales) Act 2015 (anaw. 4). Section 118(3) of the 2004 Act provides that a reference in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) to an enactment amended by the 2004 Act must be taken as a reference to the enactment as so amended.

[^f00038]: See Command Paper 6614.

[^f00039]: See Command Paper 6993.

[^f00040]: O.J. No. L 194, 25.7.1975, p. 39. Council Directive 75/442/EEC was amended by Council Directive 91/156/EEC (O.J. No. L 78, 26.3.1991, p. 32) and by Commission Decision 94/3/EC (O.J. No. L 5, 7.1.1994, p. 15).

[^f00041]: S.I. 2005/1806 (W. 138).

[^f00042]: O.J. No. L 135, 30.5.1991, p. 40.

[^f00043]: O. J. No L 140, 5.6.2009, p. 114.

[^f00044]: 1991 c. 57. See section 104.

[^f00045]: S.I. 2010/675.

[^f00046]: O.J. No. L 20, 26.1.2010, p. 7.

[^f00047]: O.J. No. L 206, 22.7.1992, p. 7.

[^f00048]: S.I. 2004/3391.

[^f00049]: S.I. 2004/3391.

[^f00050]: For the meaning of “ROMP” see regulation 52(1).

[^f00051]: Paragraph 9 of Schedule 13 and paragraph 60 of Schedule 14 were amended by S.I. 2004/3156 (W. 273), There is another amendment which is not relevant to this instrument.

[^f00052]: The provisions of the 2012 Order apply to applications under paragraph 9(1) of Schedule 13 to the 1995 Act by virtue of paragraph 9(5) of that Schedule.

[^f00053]: These provisions apply to applications under paragraph 2(2) of Schedule 2 to the 1991 Act as they are applied by paragraph 9 of Schedule 2 to the 1991 Act.

[^f00054]: Regulation 11 was amended by S.I. 1999/1810 and S.I. 1999/1892.

[^f00055]: Paragraph 3 was amended by the 1991 Act, Schedule 1, paragraph 15(6).

[^f00056]: S.I. 1995/418 to which there are amendments not relevant to these Regulations.

[^f00057]: S.I. 1999/1672.

[^f00058]: S.I. 1999/2228.

[^f00059]: S.I. 2006/1387 (W. 137).

[^f00060]: S.I. 2007/2933 (W. 253).

[^f00061]: S.I. 2009/3342 (W. 293).

[^f00062]: S.I. 2011/1824.

[^f00063]: S.I. 2012/801 (W. 110).

[^f00064]: S.I. 1999/293.

[^f00065]: O.J. No. L175, 5.7.1985, p. 40. Council Directive 85/337/EEC was amended by Council Directive 97/11/EC, O.J. No. L 73, 14.3.1997, p. 5; Directive 2003/35/EC of the European Parliament and of the Council, O.J. No. L156, 25.6.2003, p. 17; and Directive 2009/31/EC of the European Parliament and of the Council, O.J. No. L 140, 5.6.2009, p. 114. The 1985 Directive and the amending provisions of the subsequent Directive were codified in Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment, O.J. No. L26, 28.1.2012, p. 1.

[^f00066]: O.J. No. L26, 28.1.2012, p. 1.

[^f00067]: O.J. No. L124, 25.4.2014, p. 1.

[^f00068]: Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006.

Interpretation

In this Schedule—

• “airport” (“maes awyr”) means an airport which complies with the definition in the 1944 Chicago Convention setting up the International Civil Aviation Organisation (Annex 14) ;

• “express road” (“gwibffordd”) means a road which complies with the definition in the European Agreement on Main International Traffic Arteries of 15 November 1975 ;

• “nuclear power station” (“gorsaf bŵer niwclear”) and “other nuclear reactor” (“adweithydd niwclear arall”) do not include an installation from the site of which all nuclear fuel and other radioactive contaminated materials have been permanently removed; and development for the purpose of dismantling or decommissioning a nuclear power station or other nuclear reactor is not to be treated as development of the description mentioned in paragraph 2(b) of this Schedule.

Descriptions of development

The carrying out of development to provide any of the following—

• (1) Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude oil) and installations for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day.

• (2)

• (a) Thermal power stations and other combustion installations with a heat output of 300 megawatts or more; and

• (b) Nuclear power stations and other nuclear reactors (except research installations for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1 kilowatt continuous thermal load).

• (3)

• (a) Installations for the reprocessing of irradiated nuclear fuel;

• (b) Installations designed—

• (i) for the production or enrichment of nuclear fuel,

• (ii) for the processing of irradiated nuclear fuel or high-level radioactive waste,

• (iii) for the final disposal of irradiated nuclear fuel,

• (iv) solely for the final disposal of radioactive waste,

• (v) solely for the storage (planned for more than 10 years) of irradiated nuclear fuels or radioactive waste in a different site than the production site.

• (4)

• (a) Integrated works for the initial smelting of cast-iron and steel;

• (b) Installations for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.

• (5) Installations for the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos—

• (a) for asbestos-cement products, with an annual production of more than 20,000 tonnes of finished products;

• (b) for friction material, with an annual production of more than 50 tonnes of finished products; and

• (c) for other uses of asbestos, utilisation of more than 200 tonnes per year.

• (6) Integrated chemical installations, that is to say, installations for the manufacture on an industrial scale of substances using chemical conversion processes, in which several units are juxtaposed and are functionally linked to one another and which are—

• (a) for the production of basic organic chemicals;

• (b) for the production of basic inorganic chemicals;

• (c) for the production of phosphorous-, nitrogen- or potassium-based fertilisers (simple or compound fertilisers);

• (d) for the production of basic plant health products and of biocides;

• (e) for the production of basic pharmaceutical products using a chemical or biological process;

• (f) for the production of explosives.

• (7)

• (a) Construction of lines for long-distance railway traffic and of airports with a basic runway length of 2,100 metres or more;

• (b) Construction of motorways and express roads;

• (c) Construction of a new road of four or more lanes, or realignment and/or widening of an existing road of two lanes or less so as to provide four or more lanes, where such new road, or realigned and/or widened section of road would be 10 kilometres or more in a continuous length.

• (8)

• (a) Inland waterways and ports for inland-waterway traffic which permit the passage of vessels of over 1,350 tonnes;

• (b) Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1,350 tonnes.

• (9) Waste disposal installations for the incineration, chemical treatment (as defined in Annex I to Directive 2008/98/EC of the European Parliament and of the Council, as last amended by Council Regulation (EU) 2017/997 under heading D9), or landfill of hazardous waste as defined in regulation 6 of the Hazardous Waste (Wales) Regulations 2005 .

• (10) Waste disposal installations for the incineration or chemical treatment (as defined in Annex I to Directive 2008/98/EC of the European Parliament and of the Council, as last amended by Council Regulation (EU) 2017/997 under heading D9) of non-hazardous waste with a capacity exceeding 100 tonnes per day.

• (11) Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is equivalent to or exceeds 10 million cubic metres.

• (12)

• (a) Works for the transfer of water resources, other than piped drinking water, between river basins where the transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million cubic metres per year;

• (b) In all other cases, works for the transfer of water resources, other than piped drinking water, between river basins where the multi-annual average flow of the basin of abstraction exceeds 2,000 million cubic metres per year and where the amount of water transferred exceeds 5% of this flow.

• (13) Waste water treatment plants with a capacity exceeding 150,000 population equivalent as defined in Article 2 point (6) of Council Directive 91/271/EEC.

• (14) Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds 500 tonnes per day in the case of petroleum and 500,000 cubic metres per day in the case of gas.

• (15) Dams and other installations designed for the holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds 10 million cubic metres.

• (16) Pipelines with a diameter of more than 800 millimetres and a length of more than 40 kilometres:

• — for the transport of gas, oil, chemicals, or

• — for the transport of carbon dioxide streams for the purposes of geological storage, including associated booster stations.

• (17) Installations for the intensive rearing of poultry or pigs with more than—

• (a) 85,000 places for broilers or 60,000 places for hens;

• (b) 3,000 places for production pigs (over 30 kg); or

• (c) 900 places for sows.

• (18) Industrial plants for—

• (a) the production of pulp from timber or similar fibrous materials;

• (b) the production of paper and board with a production capacity exceeding 200 tonnes per day.

• (19) Quarries and open-cast mining where the surface of the site exceeds 25 hectares, or peat extraction where the surface of the site exceeds 150 hectares.

• (20) Installations for storage of petroleum, petrochemical or chemical products with a capacity of 200,000 tonnes or more.

• (21) Storage sites pursuant to Chapter 3 of Part 1 of the Energy Act 2008 and any law which implemented Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide .

• (22) Installations for the capture of carbon dioxide streams for the purposes of geological storage pursuant to “ Chapter 3 of Part 1 of the Energy Act 2008 and any law which implemented ” Directive 2009/31/EC from installations covered by this Schedule, or where the total yearly capture of carbon dioxide is 1.5 megatonnes or more.

• (23) Any change to or extension of development listed in this Schedule where such a change or extension in itself meets the thresholds, if any, or description of development set out in this Schedule.

Editorial notes

[^c23296611]: 1972 c. 68. Section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

[^c23296621]: S.I. 2007/1679. Seearticle 4.

[^c23296631]: 1990 c. 8. Section 71A was inserted by section 15 of the 1991 Act. The functions of the Secretary of State under that Act were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672): seethe entry in Schedule 1 for the 1991 Act. Those functions were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), the functions being relevant Assembly functions as defined in paragraph 30(2).

[^c23296641]: Directive 2011/92/EU has been amended by Directive 2014//52/EU. See articles 2(1) and 3(1) of Directive 2014/52/EU.

[^c23296651]: O.J. No. L 26, 28.1.2012, p. 1. The Directive has been amended by Directive 2014/52/EU of the European Parliament and of the Council O.J. No. L 124, 25.4.2014, p. 1. See in particular Article 3(1).

[^c23296661]: 1991 c. 34.

[^c23296671]: 1995 c. 25.

[^c23296681]: S.I. 2012/801 (W. 110); amended by S.I. 2015/1330 (W. 123); there are other amending instruments but none is relevant.

[^c23296691]: S.I. 2016/55 (W. 25).

[^c23296701]: See S.I. 2012/1903 (W. 230).

[^c23296711]: S.I. 1992/1492. Relevant amending instruments are S.I. 1992/1892 and S.I. 1997/3006.

[^c23296721]: Section 61A was inserted by the Planning and Compulsory Purchase Act 2004 (c. 5), section 40(1); sub-section (1) was repealed by the Planning Act 2008, sections 188(1), (2), 238 and Schedule 13; sub-section (2) was amended by the Planning Act 2008, section 188(1) and (3).

[^c23296731]: 1972 c. 70. “Principal council” means a council elected for a county borough.

[^c23296741]: Section 69 was substituted by the Planning and Compulsory Purchase Act 2004, section 188(1) and Schedule 6, paragraphs 1 and 3; section 69 was amended by the Planning Act 2008 (c. 29), section 190(1) and (4); the Localism Act 2011 (c. 20), section 237 and Part 18 of Schedule 25. There are other amendments which are not relevant to this instrument.

[^c23296751]: Section 62D was inserted by section 19 of the Planning (Wales) Act 2015 (anaw 4).

[^c23296761]: Section 77 was amended by the 1991 Act, Schedule 7, paragraph 18.

[^c23296771]: 1981 c. 69. Section 28(1) was substituted by the Countryside and Rights of Way Act 2001 (c. 37), section 75(1) and Schedule 9, paragraph 1, and amended by the Natural Environment and Rural Communities Act 2006 (c. 16) section 105(1), Schedule 11, Part 1, paragraph 79, and by the Marine and Coastal Access Act 2009 (c. 23) section 148, Schedule 13, Part 2, paragraph 2(1).

[^c23296781]: 1949 (c. 97), see section 5(3). Seesection 27AA for the application of section 28 in relation to land in Wales.

[^c23296791]: See Command Paper 9424 and http:/whc.unesco.org/en/list.

[^c23296811]: 2000 c. 37. Section 82(2) was amended by S.I. 2013/755.

[^c23296821]: S.I. 2010/490. There are amendments to regulation 8 which are not relevant to these Regulations.

[^c23296831]: Section 329 was amended by the Town and Country Planning (Electronic Communications) (Wales) (No. 1) Order 2004 (S.I. 2004/3156 (W. 273)).

[^c23296841]: Section 78 was amended by the 1991 Act, section 17(2); the Planning and Compulsory Purchase Act 2004 (c. 5), section 43(2); the Localism Act 2011 (c. 20), section 121 and Schedule 12, paragraphs 1 and 11 and section 123(1) and (3); the Planning Act 2008 (c. 29), section 196(4) and Schedule 10, paragraphs 1 and 3, section 197 and Schedule 11, paragraphs 1 and 2; the Growth and Infrastructure Act 2013 (c. 27), section 1(2) and Schedule 1, paragraphs 1 and 8; the Planning (Wales) Act 2015, sections 45 and 46; and by S.I. 2014/2773 (W. 280), article 3 and Schedule 1, paragraphs 1 and 3. There is another amendment which is not relevant to this instrument.

[^c23296851]: Section 77 was amended by the 1991 Act, section 32, Schedule 7, paragraph 18; the Infrastructure Act 2015 (c. 7), section 30(1) and Schedule 4, Part 2, paragraphs 2 and 11(a); and by S.I. 2014/2773 (W. 280), article 3 and Schedule 1, paragraphs 1 and 2. There are other amendments which are not relevant to this instrument.

[^c23296861]: S.I. 2004/3391.

[^c23296871]: S.I. 1995/418, to which there are amendments not relevant to these Regulations.

[^c23296881]: Seethe definition of “simplified planning zone” in section 336 of the 1990 Act.

[^c23296891]: Section 172 was substituted by section 5 of the 1991 Act.

[^c23296901]: Section 177 was amended by sections 6(3) and 32 of, and paragraph 24 of Schedule 7 to, the 1991 Act; section 123(1), (6) of the Localism Act 2011 (c. 20). There is another amendment which is not relevant to this instrument.

[^c23296911]: Section 174 was amended by section 6(1) of, and paragraph 22 of Schedule 7 to, the 1991 Act; the Planning (Wales) Act 2015, section 46; and by S.I 2003/956. See also section 177(5) which was amended by paragraph 24 of Schedule 7 to the 1991 Act.

[^c23296921]: See section 177(8) of the 1990 Act.

[^c23296931]: Paragraph 6 was amended by S.I. 2004/3156 (W. 273). There is another amendment which is not relevant to these Regulations.

[^c23296941]: S.I. 2009/3342 (W. 293).

[^c23296951]: Section 288(1)(b) was amended by the Planning (Wales) Act 2015 (anaw 4), section 27 and Schedule 4, paragraph 16.

[^c23296961]: There are amendments to section 60 which are not relevant to these Regulations.

[^c23296971]: Section 293A was inserted by section 82(1) of the Planning and Compulsory Purchase Act 2004 (c.5) (the “2004 Act”) and has been amended by section 16 and Schedule 2, paragraphs 8 and 9 and section 27 and paras 1 and 17(1) to (3) of Schedule 4 to the Planning (Wales) Act 2015 (anaw. 4). Section 118(3) of the 2004 Act provides that a reference in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) to an enactment amended by the 2004 Act must be taken as a reference to the enactment as so amended.

[^c23296981]: See Command Paper 6614.

[^c23296991]: See Command Paper 6993.

[^c23297011]: S.I. 2005/1806 (W. 138).

[^c23297021]: O.J. No. L 135, 30.5.1991, p. 40.

[^c23297031]: O. J. No L 140, 5.6.2009, p. 114.

[^c23297041]: 1991 c. 57. See section 104.

[^c23297061]: O.J. No. L 20, 26.1.2010, p. 7.

[^c23297071]: O.J. No. L 206, 22.7.1992, p. 7.

[^c23297081]: S.I. 2004/3391.

[^c23297091]: S.I. 2004/3391.

[^c23297101]: Paragraph 9 of Schedule 13 and paragraph 60 of Schedule 14 were amended by S.I. 2004/3156 (W. 273), There is another amendment which is not relevant to this instrument.

[^c23297111]: The provisions of the 2012 Order apply to applications under paragraph 9(1) of Schedule 13 to the 1995 Act by virtue of paragraph 9(5) of that Schedule.

[^c23297121]: These provisions apply to applications under paragraph 2(2) of Schedule 2 to the 1991 Act as they are applied by paragraph 9 of Schedule 2 to the 1991 Act.

[^c23297131]: Regulation 11 was amended by S.I. 1999/1810 and S.I. 1999/1892.

[^c23297141]: Paragraph 3 was amended by the 1991 Act, Schedule 1, paragraph 15(6).

[^c23297151]: For the meaning of “ROMP” see regulation 52(1).

[^c23297161]: S.I. 1995/418 to which there are amendments not relevant to these Regulations.

[^c23297171]: S.I. 1999/1672.

[^c23297181]: S.I. 1999/2228.

[^c23297191]: S.I. 2006/1387 (W. 137).

[^c23297201]: S.I. 2007/2933 (W. 253).

[^c23297211]: S.I. 2009/3342 (W. 293).

[^c23297221]: S.I. 2011/1824.

[^c23297231]: S.I. 2012/801 (W. 110).

[^c23297241]: S.I. 1999/293.

[^c23297251]: O.J. No. L175, 5.7.1985, p. 40. Council Directive 85/337/EEC was amended by Council Directive 97/11/EC, O.J. No. L 73, 14.3.1997, p. 5; Directive 2003/35/EC of the European Parliament and of the Council, O.J. No. L156, 25.6.2003, p. 17; and Directive 2009/31/EC of the European Parliament and of the Council, O.J. No. L 140, 5.6.2009, p. 114. The 1985 Directive and the amending provisions of the subsequent Directive were codified in Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment, O.J. No. L26, 28.1.2012, p. 1.

[^c23297261]: O.J. No. L26, 28.1.2012, p. 1.

[^c23297271]: O.J. No. L124, 25.4.2014, p. 1.

[^c23297281]: Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006.

[^key-37d279738fb2de4444ab719bce33704d]: Regulations applied (with modifications) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), Sch. 2 para. 1 (with regs. 1(3), 42)

[^key-e0ea8303906b40e3c8e6e707d2d975d9]: Reg. 57(2) substituted (7.11.2016) by The Town and Country Planning (Environmental Impact Assessment) (Wales) (Amendment) Regulations 2016 (S.I. 2016/971), regs. 1(2), 2 (with reg. 3)

[^M_F_209d1942-cb0d-4153-dd8a-58d3bb91c88d]: Regulations revoked (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), regs. 1(2), 65(1) (subject to savings and transitional provisions in regs. 63, 65(2)-(10)) (as amended (1.4.2019) by The Town and Country Planning (Environmental Impact Assessment) (Wales) (Amendment) Regulations 2019 (S.I. 2019/299), reg. 2(2))

[^key-0caa82d46d72e31aae3ca9a3d423aaa9]: Words in Sch. 1 para. 9 substituted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 19(2)

[^key-2d3e0817a50f3c7770507a2bb8249464]: Words in Sch. 1 para. 10 substituted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 19(2)

[^key-6def8bcdeb6094a04949bb53b2cd900b]: Words in Sch. 2 para. 2 substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 106(a) (with regs. 1(3), 77-79, Sch. 4) and substituted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 19(3)

[^key-3f232dc112b01fe6d21b951cf498efff]: Words in reg. 54(1)(b) substituted (7.3.2019) by The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), reg. 1(2)(3), 4(5)(b)(iv)

[^key-beb17eb21aae198ef90aea43347d6d54]: Words in reg. 54(2)(b) substituted (7.3.2019) by The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), reg. 1(2)(3), 4(5)(c)(i)