The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

Environmental Impact Assessment (Agriculture) (Wales) Regulations 2017 E+W

5.—(1) The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2017 M1 are amended as follows.

(2) In regulation 2(1), in the appropriate places, insert—

(a) “public” (“aelodau'r cyhoedd”) means one or more natural or legal persons and, in accordance with the law of any part of the United Kingdom or practice, their associations, organisations or groups;"

(b) “public concerned” (“aelodau'r cyhoedd y mae a wnelo'r cais â hwy”) means the public affected or likely to be affected by, or having an interest in, environmental decision making procedures (for the purposes of this definition, non-governmental organisations promoting environmental protection and meeting any requirements under the relevant national law are deemed to have an interest);" and

(c) “Natura 2000” (“Natura 2000”) has the same meaning as in regulation 3(1) of the Habitats Regulations;"

(3) In regulation 2(2)—

(a) omit “the EIA Directive or”;

(b) for “the Habitats Directive” substitute “ the Habitats Regulations ”; and

(c) for “relevant Directive” substitute “ the Habitats Regulations ”.

(4) In regulation 3—

(a) in paragraph (3)—

(i) omit “, in accordance with Article 2(4) of the EIA Directive,”; and

(ii) after “Regulations” insert “, but this is subject to paragraph (3A);

(b) after paragraph (3) insert—

“(3A) The Welsh Ministers must not make a direction under paragraph (3) unless—

(a) it is appropriate to do so because of exceptional circumstances;

(b) the application of these Regulations would result in adversely affecting the purpose of the project;

(c) they have considered whether another form of assessment would be appropriate;

(d) the objectives of the Directive are met even though their requirements are not fulfilled; and

(e) the project is unlikely to have a significant effect on the environment in an EEA State.

(3B) The Welsh Ministers must make available to the public concerned—

(a) the information obtained from any other form of assessment relating to the decision under paragraph (3A) whether to grant an exemption; and

(b) the reasons for granting it.”; and

(c) in paragraph (4), for “Habitats Directive” substitute “ Habitats Regulations ”.

(5) In regulation 11(3)(e) for “EU legislation” substitute “ retained EU law ”.

(6) In regulation 13—

(a) in the heading and in paragraph (1), for “another” substitute “ an ”;

(b) in paragraph (4)—

(i) omit “In accordance with Article 6 of the Directive,”; and

(ii) in sub-paragraph (a), for “referred to in Article 6(1) of the Directive” substitute “ which the EEA State has designated to be consulted about the project ”; and

(c) in paragraph (5), omit “In accordance with Article 7(4) of the EIA Directive,”.

(7) In regulation 14—

(a) in the heading and in paragraphs (1) and (3), for “another” substitute “ an ”;

(b) in paragraph (1), omit “in accordance with Article 7(1) of the EIA Directive”; and

(c) in paragraph (2), omit “In accordance with Article 7(4) of the EIA Directive,”.

(8) In regulation 15(2)(d), for “another” substitute “ an ”.

(9) In regulation 16—

(a) in paragraph (6)(b), for “the European Commission” substitute “ the Welsh Ministers ”; and

(b) after paragraph (6) insert—

“(6A) Before deciding whether the reasons are imperative reasons of overriding public interest, the Welsh Ministers must—

(a) consult—

(i) the Joint Nature Conservation Committee;

(ii) the Secretary of State and the other devolved administrations;

(iii) any other person they consider appropriate; and

(b) have regard to the national interest.”

(10) In Schedule 2, in paragraph 2(c)(vi), for “EU legislation” substitute “ retained EU law ”.

(11) In Schedule 3—

(a) in paragraph 4(1)—

(i) in paragraph (b)—

(aa) for “protected by” substitute “ protected under EU-derived domestic legislation which transposed ”; and

(bb) after “Birds Directive” insert “ , as may be amended from time to time ”; and

(ii) for the words after paragraph (d) substitute—

“This description should take into account the environmental protection objectives established at European Union level as they were immediately before [F1 IP completion day] (including in particular those established under the Habitats Directive and the Birds Directive or at national level.”; and

(b) in paragraph 8—

(i) for “EU legislation such as” substitute “ retained EU law such as any law which implemented ”;

(ii) after “pursuant to”, in the second place with it appears, insert “ any other ”; and

(iii) after “requirements of” insert “ any law which implemented ”.

Textual Amendments

F1 Words in reg. 5(11)(a)(ii) substituted (31.12.2020 immediately before IP completion day) by The Environmental Assessments and Town and Country Planning (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1324), regs. 1(2), 2(2)

Commencement Information

I1 Reg. 5(1)(2)(a)(b)(3)-(11) in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

I2 Reg. 5(2)(c) in force at 6.3.2019, see reg. 1(3)

Marginal Citations

M1 S.I. 2017/565 (W. 134), amended by S.I. 2017/1012.