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The Environmental Assessment of Plans and Programmes (Wales) Regulations 2004

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Publicity for determinations and directions

11.—(1) Within 28 days of making a determination under regulation 9(1), the responsible authority must send to each consultation body—

(a)a copy of the determination; and

(b)where it has determined that the plan or programme does not require an environmental assessment, a statement of its reasons for that decision.

(2) The responsible authority must—

(a)keep a copy of the determination, and any accompanying statement of reasons, available at its principal office for inspection by the public at all reasonable times and free of charge; and

(b)within 14 days of the making of the copy of the determination, take such steps as it considers appropriate to bring to the attention of the public—

(i)the title of the plan, programme or modification to which the determination relates;

(ii)that the responsible authority has determined that the plan, programme or modification is or, as the case may be, is not likely to have significant environmental effects and, accordingly, that an environmental assessment is or, as the case may be, is not required in respect of the plan, programme or modification; and

(iii)the address (which may include a website) at which a copy of the determination and any accompanying statement of reasons may be inspected or from which a copy may be obtained.

(3) Where the responsible authority receives a direction under regulation 10(3), it must—

(a)keep a copy of the direction available at its principal office for inspection by the public at all reasonable times and free of charge; and

(b)within 14 days of the receipt of such a direction, take such steps as it considers appropriate to bring to the attention of the public—

(i)the title of the plan, programme or modification to which the direction relates;

(ii)that the National Assembly has directed that the plan, programme or modification is likely to have significant environmental effects and, accordingly, that an environmental assessment is required in respect of the plan, programme or modification; and

(iii)the address (which may include a website) at which the National Assembly’s direction (and statement of its reasons for giving the direction) may be inspected or from which a copy may be obtained.

(4) Nothing in paragraph (2)(b)(iii) or (3)(b)(iii) requires the responsible authority to provide a copy of the documents concerned free of charge; but, where a charge is made, it must be of a reasonable amount.

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