The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 (revoked)

[F1 Projects in [F2 an] EEA State likely to have significant transboundary effects E+W

54.— (1) Where the Welsh Ministers receive from [F3 an] EEA StateF4 ... information which that EEA State has gathered from the developer of a proposed project in that EEA State, which is likely to have significant effects on the environment in Wales, they mustF5 ...—

(a) enter into consultations with that EEA State regarding the potential significant effects of the proposed project on the environment in Wales and the measures envisaged to reduce or eliminate such effects; and

(b) determine in agreement with that EEA State a reasonable period, before development consent for the project is granted, during which members of the public in Wales may submit [F6 representations to the authority in the relevant EEA State which that state has designated as responsible for performing the duties arising from the Directive].

(2) The Welsh Ministers must also—

(a) arrange for the information referred to in paragraph (1) to be made available, within a reasonable time, both to the authorities in Wales which are likely to be concerned by the project by reason of their specific environmental responsibilities, and to the public concerned in Wales;

(b) ensure that those authorities and the public concerned are given an opportunity, before development consent for the project is granted, to forward to the [F7 the authority in the relevant EEA State which that state has designated as responsible for performing the duties arising from the Directive], within a reasonable time, their opinion on the information supplied; and

(c) so far as such information has been received by the Welsh Ministers, notify those authorities and the public of the content of any decision of the [F8 the authority in the relevant EEA State which that state has designated as responsible for performing the duties arising from the Directive]; and in particular—

(i) any conditions attached to it;

(ii) the main reasons and considerations on which the decision was based including, if relevant, information about the participation of the public; and

(iii) a description of the main measures to avoid, reduce and, if possible, offset any major adverse effects that have been identified.]

Textual Amendments

F1 Regulations revoked (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), regs. 1(2), 65(1) (subject to savings and transitional provisions in regs. 63, 65(2)-(10)) (as amended (1.4.2019) by The Town and Country Planning (Environmental Impact Assessment) (Wales) (Amendment) Regulations 2019 (S.I. 2019/299)), reg. 2(2)

F2 Word in reg. 54 heading substituted (31.12.2020) by The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), regs. 1(2)(3), 4(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in reg. 54(1) substituted (31.12.2020) by The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), regs. 1(2)(3), 4(5)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 54(1) omitted (31.12.2020) by virtue of The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), regs. 1(2)(3), 4(5)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 54(1) omitted (31.12.2020) by virtue of The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), regs. 1(2)(3), 4(5)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 54(1)(b) substituted (7.3.2019) by The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), reg. 1(2)(3), 4(5)(b)(iv)

F7 Words in reg. 54(2)(b) substituted (7.3.2019) by The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), reg. 1(2)(3), 4(5)(c)(i)

F8 Words in reg. 54(2)(c) substituted (7.3.2019) by The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), reg. 1(2)(3), 4(5)(c)(ii)