26.—(1) Where a relevant mineral planning authority or the Welsh Ministers reasonably consider that further information is required to properly consider an EIA application or, in the case of the Welsh Ministers, to properly consider an appeal in relation to an EIA application, and either—
(a)the applicant or appellant is (or should be) able to provide such information, or
(b)an operator is (or should be) able to provide such information,
the relevant mineral planning authority or the Welsh Ministers must notify the applicant, the appellant or, as the case may be, the operator, in writing of the further information required.
(2) A written notification given under paragraph (1) must state clearly and precisely the information required.
(3) Written notification given under paragraph (1) must be accompanied by written notification of the matters set out in paragraph 15 of Schedule 3.
(4) Further information required pursuant to a notification under paragraph (1) must be provided within 6 weeks of the date of the notice, or such longer period as may be agreed in writing with the relevant mineral planning authority or the Welsh Ministers (as the case may be) (“the relevant period”).
(5) If further information is not provided within the relevant period the planning permission to which the EIA application or appeal relates ceases to authorise any minerals development from the end of the relevant period.
(6) A written notification given under paragraph (1) does not preclude a relevant mineral planning authority or the Welsh Ministers from giving a further written notification under that paragraph or under regulation 27 (evidence).
(7) A relevant mineral planning authority or the Welsh Ministers may withdraw a written notification given under paragraph (1) at any time before the expiration of the relevant period.
27.—(1) A relevant mineral planning authority or the Welsh Ministers may by notification in writing require an applicant or appellant to produce such evidence as they may reasonably call for to verify–
(a)any screening information;
(b)any scoping information;
(c)any information in an environmental statement;
(d)any further information;
(e)any other information,
submitted by the applicant or, as the case may be, by the appellant.
(2) A relevant mineral planning authority or the Welsh Ministers may by notification in writing, require an operator to produce such evidence as they may reasonably call for to verify any screening information, scoping information, specified information or any further information submitted by the operator pursuant to a written notification given under these Regulations.
(3) Written notification given under paragraph (1) or (2) must be accompanied by written notification of the matters set out in paragraph 16 of Schedule 3
(4) Evidence required pursuant to a written notification given under paragraph (1) or (2) must be provided within 6 weeks beginning with the date of the notification or such longer period as may be agreed in writing with the authority or the Welsh Ministers (“the relevant period”).
(5) If evidence required pursuant to a written notification given under paragraph (1) or (2) is not provided within the relevant period the planning permission to which the EIA application relates ceases to authorise any minerals development from the end of the relevant period.
(6) A written notification given under paragraph (1) or (2) does not preclude a relevant mineral planning authority or the Welsh Ministers from giving a further written notification under those paragraphs or under regulation 26 (further information).
(7) A relevant mineral planning authority or the Welsh Ministers may withdraw a written notification given under paragraph (1) or (2) at any time before the expiration of the relevant period.
28.—(1) Where a relevant mineral planning authority or the Welsh Ministers (“the recipient”) receives further information or evidence the recipient must comply with paragraph (4) and notify the applicant, the appellant or, as the case may be, the operator, in writing in accordance with either—
(a)paragraph (5); or
(b)paragraph (8).
(2) Where the recipient is a relevant mineral planning authority, the recipient must comply with paragraph (1) within 3 weeks of receipt of the further information or evidence in question.
But this is subject to paragraph (10).
(3) Where the recipient is the Welsh Ministers, the recipient must comply with paragraph (1) as soon as reasonably practicable following receipt of the further information or evidence.
But this is subject to paragraph (12).
(4) The recipient must consider whether the further information or evidence is presented in an inappropriate form.
(5) If the recipient reasonably considers that the further information or evidence is presented in an inappropriate form, the recipient must notify the applicant, the appellant or, as the case may be, the operator, in writing of—
(a)the changes which are required to be made to the form in which the further information or evidence is presented; and
(b)the matters set out in paragraph 17 of Schedule 3.
(6) Where changes are required to be made to the form in which further information or evidence is presented pursuant to a written notification given under paragraph (5), the further information or evidence must be re-submitted in a form incorporating the changes identified in the notification within 3 weeks of the date of the notification given under that paragraph, or such longer period as may be agreed in writing with the relevant mineral planning authority or the Welsh Ministers (“the relevant period”).
(7) If the further information or evidence is not re-submitted in a form incorporating the changes identified pursuant to a written notification given under paragraph (5) within the relevant period, the planning permission to which the EIA application relates ceases to authorise any minerals development from the end of the relevant period.
(8) If the recipient is satisfied that further information or evidence is not presented in an inappropriate form, the recipient must, in writing—
(a)instruct the applicant, the appellant or, as the case may be, the operator, to comply with regulation 30;
(b)specify the number of copies of the further information or evidence required for the purposes of the recipient's duties under regulation 32;
(c)where the recipient is aware that any particular person is or is likely to be affected by, or has an interest in, the application and who is unlikely to become aware of it by means of a site notice or by local advertisement, identify any such person;
(d)notify the applicant, the appellant or, as the case may be, the operator, of the matters set out in paragraph 18 of Schedule 3.
(9) Where the recipient is a relevant mineral planning authority and the recipient is satisfied as mentioned in paragraph (8) as a result of further information or evidence re-submitted pursuant to a written notification given under paragraph (5) the recipient must comply with paragraph (8) within 3 weeks of receipt of the re-submitted further information or evidence in question.
But this is subject to paragraph (10).
(10) Where the recipient is a relevant mineral planning authority and the further information or evidence received by it relates to an application in connection with which written notification pursuant to regulation 18(21) has yet to be given, the recipient need not comply with paragraph (8) within 3 weeks of receipt of the further information or evidence in question or, as the case may be, within 3 weeks of receipt of the re-submitted further information or evidence in question, but must comply with that paragraph within 14 days of the date on which written notification is given pursuant to regulation 18(21).
(11) Where the recipient is the Welsh Ministers and the recipient is satisfied as mentioned in paragraph (8) as a result of further information or evidence re-submitted pursuant to a written notification given under paragraph (5), the recipient must comply with paragraph (8) as soon as reasonably practicable following receipt of the further information or evidence in question.
But this is subject to paragraph (12).
(12) Where recipient is the Welsh Ministers and the further information or evidence received by them relates to an application or appeal in connection with which written notification pursuant to regulation 18(21) has yet to be given, the recipient need not comply with paragraph (8) as soon as reasonably practicable following receipt of the further information or evidence in question or, as the case may be, as soon as reasonably practicable following receipt of the re-submitted further information or evidence in question, but must comply with that paragraph as soon as reasonably practicable following the date on which written notification is given pursuant to regulation 18(21).
(13) Written notification given under this regulation does not preclude a relevant mineral planning authority or the Welsh Ministers from giving written notification under regulation 26 (further information) or 27 (evidence).
(14) A relevant mineral planning authority or the Welsh Ministers may withdraw a written notification given under paragraph (5) at any time before the expiration of the relevant period.
29.—(1) An applicant, an appellant or an operator notified under regulation 28(8) must comply with regulation 30 within 6 weeks of the date of that notification, or such longer period as may be agreed in writing with the authority or, as the case may be, the Welsh Ministers (“the relevant period”).
(2) If an applicant, an appellant or an operator notified under regulation 28(8) does not comply with regulation 30 within the relevant period, the planning permission to which the EIA application relates ceases to authorise any minerals development from the end of that relevant period.
30.—(1) The applicant, appellant or operator must publish in a local newspaper circulating in the locality in which the land is situated, a notice stating–
(a)the name of the person who has applied for or who has appealed in relation to the determination of the conditions to which the planning permission is to be subject, the relevant provisions of the 1991 or 1995 Act pursuant to which the application is made and the name and address of the relevant mineral planning authority;
(b)the date on which the application was made and, if it be the case, that it has been referred to the Welsh Ministers for determination or is the subject of an appeal to them;
(c)the address or location and the nature of the proposed development;
(d)that a copy of the application and of any plan and other documents submitted with it may be inspected by members of the public at all reasonable hours;
(e)if an environmental statement has been the subject of written notification given under regulation 18(21), that a copy of the environmental statement may be inspected by members of the public at all reasonable hours;
(f)if further information or evidence has previously been the subject of written notification given under regulation 28(8), that a copy of that information or evidence may be inspected by members of the public at all reasonable hours;
(g)if other relevant information has previously been published in accordance with regulation 37, that a copy of that other relevant information may be inspected by members of the public at all reasonable hours;
(h)that further information or evidence is available in connection with an EIA application;
(i)that a copy of that further information or evidence may be inspected by members of the public at all reasonable hours;
(j)an address in the locality in which the land is situated at which that further information or evidence may be inspected and the latest date on which it will be available for inspection (being a date not less than 21 days later than the date on which the notice is published);
(k)an address in the locality in which the land is situated at which copies of the application, any environmental statement, any further information or evidence of the kind referred to in sub-paragraph (f), or any other relevant information of the kind referred to in sub-paragraph (g), may be inspected;
(l)an address (whether or not the same as that given pursuant to sub-paragraph (j)) in the locality in which the land is situated at which copies of that further information or evidence may be obtained;
(m)that copies may be obtained there so long as stocks last;
(n)if a charge is to be made for a copy, the amount of the charge;
(o)that any person wishing to make representations about the further information or evidence should make them in writing to the relevant mineral planning authority or, as the case may be, to the Welsh Ministers, before the expiration of 21 days from the date of the notice; and
(p)the address to which representations must be sent.
(2) Where the applicant, appellant or operator has been notified of any particular person who is or is likely to be affected by, or have an interest in the EIA application, the applicant, appellant or operator must serve on every such person a notice; and the notice must contain the information specified in paragraph (1), except that the date specified as the latest date on which the documents will be available for inspection must not be less than 21 days later than the date on which the notice is first served.
(3) The applicant, appellant or operator must, unless it has not, and was not reasonably able to acquire, such rights as would enable it to do so post, or arrange to have posted, on the land a notice containing the information specified in paragraph (1), except that the date specified as the latest date on which the documents will be available for inspection must be not less than 21 days later than the date on which the notice is first posted.
(4) The notice mentioned in paragraph (3) must–
(a)be left in position for not less than seven days in the 28 days immediately preceding the date on which the certificate required pursuant to regulation 31(2)(b) is submitted; and
(b)be affixed firmly to some object on the land and sited and displayed in such a way as to be easily visible to, and readable by, members of the public without going on to the land.
31.—(1) An applicant or operator notified under regulation 28(8) must submit—
(a)where the notification was given by a relevant mineral planning authority, to that authority;
(b)where the notification was given by a relevant mineral planning authority and before submitting the documents required under this regulation the EIA application in question is referred to the Welsh Ministers for determination, to the Welsh Ministers; or
(c)where the notification was given by the Welsh Ministers, to the Welsh Ministers,
the documents specified in paragraph (2).
(2) The specified documents are—
(a)a copy of the notice mentioned in regulation 30(1) certified by or on behalf of the applicant, appellant or operator as having been published in a named newspaper on a date specified in the certificate;
(b)a certificate by or on behalf of the applicant, appellant or operator which states either—
(i)that the applicant, appellant or operator has posted a notice on the land in compliance with this regulation and the date on which the notice was so posted, and that either the notice was left in position for not less than seven days in the 28 days immediately preceding the date on which the certificate is submitted, or that, without any fault or intention on the part of the applicant, appellant or operator, it was removed, obscured or defaced before seven days had elapsed and the applicant, appellant or operator took reasonable steps for its protection or replacement, specifying the steps taken; or
(ii)that the applicant, appellant or operator was unable to comply with regulation 30(3) and (4) because the applicant, appellant or operator did not have the necessary rights to do so; that the applicant, appellant or operator has taken such reasonable steps as are open to the applicant, appellant or operator to acquire those rights; and has been unable to do so, specifying the steps taken; and
(c)where the applicant, appellant or operator has been notified of any particular person who is likely to affected by, or have an interest in, the application, a copy of the notice mentioned in regulation 30(2) certified by or on behalf of the applicant, appellant or operator as having been given on a date specified in the certificate.
(3) If any person issues a certificate which purports to comply with the requirements of paragraph (2)(b) and which contains a statement which that person knows to be false or misleading in any material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in any material particular, that person is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
32.—(1) An applicant, appellant or operator notified under regulation 28(8) must, within seven days of the date of that notification, provide to the relevant mineral planning authority or the Welsh Ministers (as the case may be), such number of copies of the further information or evidence as are specified in the notice given under that regulation.
(2) A relevant mineral planning authority must, within 14 days of the date of a notice given by it under regulation 28(8)—
(a)send to the Welsh Ministers, two copies of the further information or evidence to which the notice relates;
(b)send to each of the consultation bodies a copy of the further information or evidence to which the notice relates; and
(c)give written notification to each consultation body stating that any representation it wishes to make in response to the consultation should be made in writing to the relevant mineral planning authority within 28 days of the date of the notice (or such longer period as may be agreed between the relevant mineral planning authority and the consultation body);
(3) The Welsh Ministers must, as soon as reasonably practicable following the date of a notice given by them under regulation 28(8)—
(a)send to each of the consultation bodies a copy of the further information or evidence to which the notice relates;
(b)give written notification to each consultation body stating that any representation it wishes to make in response to the consultation should be made in writing to the Welsh Ministers within 28 days of the date of the notice (or such longer period as may be agreed between the Welsh Ministers and the consultation body); and
(c)send to the relevant mineral planning authority a copy of the further information or evidence to which the notice relates.
(4) Where a relevant mineral planning authority or the Welsh Ministers give written notification under regulation 28(8), the authority or, as the case may be, the Welsh Ministers, must suspend consideration of the application or appeal in question until the expiry of the relevant period applicable in accordance with regulation 29(1); and must not determine the application or appeal until the expiry of 21 days following the date on which that relevant period ends .
33. An applicant, appellant or operator to which written notification is given under regulation 28(8) must ensure that a reasonable number of copies of the further information or evidence are available at the address named in the notices published or posted pursuant to regulation 30 as the address at which such copies may be obtained.
34. Where an EIA application is referred or appealed to the Welsh Ministers on or after the date on which these Regulations come into force, the Welsh Ministers may by notice in writing, require the applicant, appellant or an operator to provide such number of copies of any further information or evidence as they consider necessary, within such period as is specified in the notice.
35. A reasonable charge reflecting printing and distribution costs may be made to a member of the public for a copy of further information or evidence made available in accordance with regulation 33.
36.—(1) This paragraph applies to information of the following kind—
(a)any other information;
(b)any report in connection with an EIA application or appeal which is issued to a relevant mineral planning authority or the Welsh Ministers on or after the date on which these Regulations come into force; and
(c)any advice in connection with an EIA application or appeal which is provided to a relevant mineral planning authority or the Welsh Ministers on or after the date on which these Regulations come into force.
(2) This paragraph applies to information of the following kind—
(a)any report in connection with an EIA application or appeal which was issued to a relevant mineral planning authority or the Welsh Ministers before the date on which these Regulations come into force; and
(b)any advice in connection with an EIA application or appeal which was provided to a relevant mineral planning authority or the Welsh Ministers before the date on which these Regulations come into force.
(3) Paragraph (1) does not apply to any information of the type mentioned in paragraph (1)(b) or (c)–
(a)to which the Environmental Information Regulations 2004 apply, where the person holding it would be entitled to withhold it in response to a request made in accordance with those Regulations; or
(b)which in any other case would be exempt information if a request for its disclosure were made in accordance with the Freedom of Information Act 2000.
(4) Paragraph (2) does not apply to any information of the type mentioned there—
(a)to which the Environmental Information Regulations 2004 apply, where the person holding it would be entitled to withhold it in response to a request made in accordance with those Regulations; or
(b)which in any other case would be exempt information if a request for its disclosure were made in accordance with the Freedom of Information Act 2000.
(5) Where a relevant mineral planning authority or the Welsh Ministers (“the recipient”) receives or holds any information to which paragraph (1) or (2) applies and the recipient is of the opinion that that information relates to the main effects of the EIA development in question, or is of material relevance to the determination of conditions to which the planning permission is to be subject (“other relevant information”), the recipient must—
(a)publish that other relevant information in accordance with regulation 37; and
(b)if the other relevant information is information of the kind mentioned in paragraph (1)(a), notify the applicant or appellant in writing of–
(i)the number of copies of the other relevant information required for the purposes of the duty imposed on the authority or, as the case may be, the Welsh Ministers, by regulation 38;
(ii)the duty imposed by regulation 39(1); and
(iii)the right conferred by regulation 41.
(6) Where the recipient is a relevant mineral planning authority, and the other relevant information is information to which paragraph (1) applies, the recipient must comply with paragraph (5) within 14 days of receipt of the other relevant information.
But this is subject to paragraph (10).
(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.
But this is subject to paragraph (11).
(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.
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;
(c)the address or location and the nature of the proposed development;
(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.
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
(c)send to the relevant mineral planning authority a copy of the other relevant information.
(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);
(c)the date on which notice of the other relevant information was posted on the land pursuant to regulation 37(3);
(d)the date on which the other relevant information was sent to the consultation bodies pursuant to this regulation.
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.
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.
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).