The Town and Country Planning (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

The Planning (Hazardous Substances) (Wales) Regulations 2015 E+W

5.—(1) The Planning (Hazardous Substances) (Wales) Regulations 2015 M1 are amended as follows.

(2) In regulation 2(1)—

(a) in the definition of “the Directive” after “dangerous substances” insert “ as it had effect immediately before [F1 IP completion day] ”;

(b) insert the following definitions in the appropriate places—

““the EIA Directive” (“y Gyfarwyddeb AEA”) means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment as it had effect immediately before [F2 IP completion day] ;”;

““major accident” (“damwain fawr”) has the meaning given in Article 3(13) of the Directive as it had effect immediately before [F2 IP completion day] ;”.

(3) In regulation 6(1)(a)—

(a) in paragraph (ii) for the words from “or to consultations” to the end of the paragraph substitute “ (which have the same meaning as in any provision of retained EU law which implemented the EIA Directive) M2 ”;

(b) after paragraph (ii) insert—

“(iia) where applicable, the fact that the project to which the proposal relates is one in respect of which the COMAH competent authority is required to consult any country in accordance with Regulation 20 of the Control of Major Accident Hazards Regulations 2015 M3 ;”.

(4) In regulation10(3)(a)—

(a) in paragraph (ii) for the words from “or to consultations” to the end of the paragraph substitute “ (which have the same meaning as in any provision of retained EU law which implemented the EIA Directive) M4 ”;

(b) after paragraph (ii) insert—

“(iia) where applicable, the fact that the project to which the proposal relates is one in respect of which the COMAH competent authority is required to consult any country in accordance with Regulation 20 of the Control of Major Accident Hazards Regulations 2015;”.

(5) In regulation 26, at the end of paragraph (1)(b) insert “ (with the reference in sub-paragraph (c) of that Article to Article 5 being read as a reference to regulation 5 of the Control of Major Accident Hazards Regulations 2015) ”.

(6) In regulation 27(4) in the definition of “relevant plan or programme” in both sub-paragraphs (a) and (b), after “pursuant to” insert “ any provision of retained EU law which implemented M5 ”.

(7) In regulation 28(2)(a)—

(a) in paragraph (ii) for the words from “or to consultations” to the end of the paragraph substitute “ (which have the same meaning as in any provision of retained EU law which implemented the EIA Directive) M6 ”;

(b) after paragraph (ii) insert—

“(iia) pan fo'n gymwys, y ffaith bod y prosiect y mae'r cynnig yn ymwneud ag ef yn un y mae'n ofynnol i'r awdurdod COMAH cymwys ymgynghori ag unrhyw wlad yn unol â Rheoliad 20 o Reoliadau Rheoli Peryglon Damweiniau Difrifol 2015 M7 ;”.

Textual Amendments

F1 Words in reg. 5(2)(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), 3(2)(a)

F2 Words in reg. 5(2)(b) 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), 3(2)(b)

Commencement Information

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

Marginal Citations

M1 S.I. 2015/1597 (W.196) to which there are amendments but none are relevant.

M2 Directive 2011/92/EU is implemented by the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567 (W. 136)).

M3 S.I. 2015/483 as amended by S.I. 2018/1370. There are other amending instruments but none is relevant.

M4 Directive 2011/92/EU is implemented by the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567 (W. 136)).

M5 Directive 2012/18/EU is implemented by the Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597 (W.196)).

M6 Directive 2011/92/EU is implemented by the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567 (W.136)).

M7 O.S. 2015/483 fel y'i diwygiwyd gan O.S. 2018/1370. Mae offerynnau diwygio eraill ond nid yw'r un ohonnynt yn berthnasol.