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

The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 E+W

6.—(1) The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 M1 are amended as follows.

(2) In regulation 2(1), omit the definition of “Union legislation”.

(3) In regulation 4(2)(b)—

(a) after “protected under” insert “ “ EU-derived domestic legislation which transposed ”; and

(b) at the end, insert “ as may be amended from time to time ”.

(4) In regulation 5—

(a) in paragraph (4)(a), for “in accordance with Article 2(4) of the Directive (without prejudice to Article 7 of the Directive)” substitute “ in exceptional circumstances, without prejudice to regulations 56 and 57 and ”;

(b) omit paragraph (7); and

(c) in paragraphs (8)(b) and (13)(b)(ii), for “Union legislation other than legislation implementing the requirements of the Directive” substitute “ retained EU law (other than an enactment which implemented the Directive) ”.

(5) In regulation 6(4), for “Union legislation other than under the Directive” substitute “ retained EU law (other than an enactment which implemented the Directive) ”.

(6) In regulation 17(4)(e), for “Union legislation” substitute “ retained EU law ”.

(7) In regulation 25(3)(c), for “Union legislation (other than legislation implementing the requirements of the Directive)” substitute “ retained EU law (other than an enactment which implemented the Directive) ”.

(8) In regulation 31(3), for “Union legislation other than under the Directive” substitute “ retained EU law (other than an enactment which implemented the Directive) ”.

(9) In regulation 43, for “the requirements and objectives of the Directive” substitute “ any law which implemented the Directive and with the objectives of the Directive ”.

(10) In regulation 54(a), for “another” substitute “ an ”.

(11) In regulation 56—

(a) in the heading and in paragraphs (1)(a) and (b) and (2)(a), for “another”, in each place it occurs, substitute “ an ”; and

(b) in paragraph (5)—

(i) omit “in accordance with Article 7(4) of the Directive”; and

(ii) in sub-paragraph (b), omit “other”.

(12) In regulation 57—

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

(b) in paragraph (1)—

(i) for “another” substitute “ an ”;

(ii) omit “, pursuant to Article 7(1) or (2) of the Directive,”;

(iii) omit “, in accordance with Article 7(4) of the Directive”; and

(iv) in sub-paragraph (b), omit “pursuant to Article 7(3)(b) of the Directive”; and

(c) in paragraph (2)—

(i) in sub-paragraph (b), for “competent authority in the relevant EEA State” substitute “ authority in the relevant EEA State which that state has designated as responsible for performing the duties arising from the Directive ”; and

(ii) in sub-paragraph (c), for the words from “competent authority” to the end substitute “ authority in the relevant EEA State which that state has designated as responsible for performing the duties arising from the Directive ”.

(13) In Schedule 1, in paragraphs 21 and 22, after “pursuant to” in both places it occurs, insert “ Chapter 3 of Part 1 of the Energy Act 2008 and any law which implemented ”.

(14) In Schedule 2, in the table in paragraph 2, in item 3(j), after “pursuant to” insert “ Chapter 3 of Part 1 of the Energy Act 2008 and any law which implemented ”.

(15) In Schedule 3, in paragraph 2(c)(vi), for “Union legislation” substitute “ retained EU law ”.

(16) In Schedule 4—

(a) in paragraph 5, for the words from “at European Union or Member State level” to the end substitute “ at European Union level as they were immediately before [F1 IP completion day] (including in particular those established under Council Directive 92/43/EEC and Directive 2009/147/EC) or at national level, ”; and

(b) in paragraph 8—

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

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

(17) In Schedule 5, in paragraph 17(a), for “another” substitute “ an ”.

(18) In Schedule 6, in paragraph 20(b), for “another” substitute “ an ”.

Textual Amendments

F1 Words in reg. 6(16)(a) 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(3)

Commencement Information

I1 Reg. 6(1)-(3)(4)(a)(c)(5)-(11)(12)(a)(b)(13)-(18) 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. 6(4)(b)(12)(c) in force at 6.3.2019, see reg. 1(3)

Marginal Citations

M1 S.I. 2017/567 (W. 136), amended by S.I. 2018/1216 (W. 249).