The Environmental Assessment of Plans and Programmes (Wales) Regulations 2004

Regulations 9(2)(a) and 10(4)(a)

SCHEDULE 1 E+W CRITERIA FOR DETERMINING THE LIKELY SIGNIFICANCE OF EFFECTS ON THE ENVIRONMENT

1.  The characteristics of plans and programmes, having regard, in particular, to— E+W

(a) the degree to which the plan or programme sets a framework for projects and other activities, either with regard to the location, nature, size and operating conditions or by allocating resources;

(b) the degree to which the plan or programme influences other plans and programmes including those in a hierarchy;

(c) the relevance of the plan or programme for the integration of environmental considerations in particular with a view to promoting sustainable development;

(d) environmental problems relevant to the plan or programme; and

(e) the relevance of the plan or programme for the implementation of [F1 EU] legislation on the environment.

Textual Amendments

F1 Word in Sch. 1 para. 1(e) substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 8-10

2.  Characteristics of the effects and of the area likely to be affected, having regard, in particular, to the— E+W

(a) probability, duration, frequency and reversibility of the effects;

(b) cumulative nature of the effects;

(c) transboundary nature of the effects;

(d) risks to human health or the environment;

(e) magnitude and spatial extent of the effects (geographical area and size of the population likely to be affected);

(f) value and vulnerability of the area likely to be affected due to —

(i) special natural characteristics or cultural heritage;

(ii) exceeded environmental quality standards or limit values; or

(iii) intensive land-use; and

(g) effects on areas or landscapes which have a recognised national, Community or international protection status.

Regulation 12(3)

SCHEDULE 2 E+W INFORMATION FOR ENVIRONMENTAL REPORTS

1.  An outline of the contents and main objectives of the plan or programme, and of its relationship (if any) with other relevant plans and programmes. E+W

2.  The relevant aspects of the current state of the environment and the likely evolution thereof without implementation of the plan or programme. E+W

3.  The environmental characteristics of areas likely to be significantly affected. E+W

4.  Any existing environmental problems which are relevant to the plan or programme including, in particular, those relating to any areas of a particular environmental importance, such as areas designated pursuant to Council Directive 79/409/EEC on the conservation of wild birds M1 and the Habitats Directive. E+W

Marginal Citations

M1 O.J. No. L 103/1 25.4.79.

5.  The environmental protection objectives, established at international, Community or Member State level, which are relevant to the plan or programme and the way those objectives and any environmental considerations have been taken into account during its preparation. E+W

6.  The likely significant effects on the environment, including short, medium and long-term effects, permanent and temporary effects, positive and negative effects, and secondary, cumulative and synergistic effects, on issues including— E+W

(a) biodiversity;

(b) population;

(c) human health;

(d) fauna;

(e) flora;

(f) soil;

(g) water;

(h) air;

(i) climatic factors;

(j) material assets;

(k) cultural heritage, including architectural and archaeological heritage;

(l) landscape; and

(m) the inter-relationship between the issues referred to in sub-paragraphs (a) to (l).

7.  The measures envisaged to prevent, reduce and as fully as possible offset any significant adverse effects on the environment of implementing the plan or programme. E+W

8.  An outline of the reasons for selecting the alternatives dealt with, and a description of how the assessment was undertaken including any difficulties encountered in compiling the required information. E+W

9.  A description of the measures envisaged concerning monitoring in accordance with regulation 17. E+W

10.  A non-technical summary of the information provided under paragraphs 1 to 9. E+W