The Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Wales) Regulations 2002

Interpretation

2.—(1) In these Regulations—

• “agricultural” (“amaethyddol”) has the same meaning as in the Agriculture Act 1947(1);

• “additional environmental information” (“gwybodaeth amgylcheddol ychwanegol”) means any additional information required as part of the environmental statement in accordance with regulation 10(1);

• “consent” (“caniatâd”) means consent required under regulation 6 of these Regulations;

• “consultation bodies” (“cyrff ymgynghori”) means—

  (a)

  the Countryside Council for Wales(2);

  (b)

  the Environment Agency(3); and

  (c)

  any other public authority, statutory body or other organisation which, in the opinion of the National Assembly, has any interest in or holds any information which might be relevant to the project;

• “EEA State” (“Gwladwriaeth AEE”) means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocal signed in Brussels on 17th March 1993;

• “the EIA Directive” (“Cyfarwyddeb EIA”) means Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment(4);

• “environmental statement” (“datganiad amgylcheddol”) means a statement—

  (a)

  that includes such of the information referred to in Part I of Schedule 2 as is reasonably required to assess the environmental effects of the project and which the applicant for consent can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile, but

  (b)

  that includes at least the information referred to in Part II of Schedule 2.

• “European site” (“safle Ewropeaidd”) means those sites described in paragraphs (a), (b), and (d) of regulation 10(1) of the Habitats Regulations;

• “the Habitats Directive” (“y Gyfarwyddeb Cynefinoedd”) means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(5);

• “the Habitats Regulations” (“y Rheoliadau Cynefinoedd”) means the Conservation (Natural Habitats, etc.) Regulations 1994(6);

• “interested parties” (“partïon â buddiant) means those persons who notify the National Assembly in accordance with regulation 15(5) that they wish to make representations in respect of an appeal;

• “National Assembly” (“Cynulliad Cenedlaethol”) means the National Assembly for Wales;

• “project” (“prosiect”) means—

  (a)

  the execution of construction works or other installations or schemes; or

  (b)

  other interventions in the natural surroundings and landscape,

  involving the use of uncultivated land or semi-natural areas for intensive agricultural purposes;

• “the relevant land” (“y tir perthnasol”) means the land upon which the project is to be carried out or, in relation to a project which has already been carried out, has been carried out;

• “relevant project” (“prosiect perthnasol”) means a project which the National Assembly has decided is likely to have significant effects on the environment in accordance with regulation 5(4) (or is deemed to have so decided in accordance with regulation 5(8));

• “screening decision” (“penderfyniad sgrinio”) means a decision taken by the National Assembly under regulation 5(4) or which is deemed to have been taken by it under regulation 5(8); and

• “transborder project” (“prosiect trawsffiniol”) means a project where the relevant land is situated partly in Wales and partly in England.

(2) Unless it is otherwise provided, expressions used both in these Regulations and in the EIA Directive or in the Habitats Directive shall have the same meaning in these Regulations as they have in those respective Directives.

(3) A reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

(4) All applications, notifications, representations, requests, approvals and agreements to which these Regulations apply must be made in writing.

(5) “Writing” in paragraph (4) above, except where it applies to notices under regulation 22 or 24, shall include an electronic communication within the meaning of the Electronic Communications Act 2000(7) provided that notifications required to be made by the National Assembly to any person shall only be made by an electronic communication if the intended recipient has used that form of electronic communication in communicating with the National Assembly pursuant to any provision of these Regulations or has otherwise represented that that form of electronic communication is a means by which persons can communicate with him or her.

(6) Notices or documents required or authorised to be served, sent or given under these Regulations may be sent by post.

(1)

1947 c. 48, section 109.

(2)

See section 128 of the Environmental Protection Act 1990, section 32 of the National Heritage Act 1983 (c. 47).

(3)

See section 1(1) of the Environment Act 1995 (c. 25).

(4)

OJ No. L175, 5.7.85, p.40 as last amended by Council Directive 97/11/EC, OJ No. L73, 14.3.97, p.5.

(5)

OJ No. L206, 22/07/1992 p.7 as last amended by Council Directive 97/62/EC, OJ No. L305, 8.11.97, p.42.

(6)

S.I. 1994/2716 as amended by S.I. 1995/2803, 1996/525, 1997/3055 and 2000/1973.

(7)

2000 c. 7.