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

Consultation procedures E+W

13.—(1) Every draft plan or programme for which an environmental report has been prepared in accordance with regulation 12, and any such report so prepared, must be made available in accordance with the following provisions of this regulation; such documents being referred to in this regulation as “ the relevant documents”.

(2) As soon as reasonably practicable after the preparation of the relevant documents, the responsible authority must—

(a) send a copy of those documents to each consultation body;

(b) take such steps as it considers appropriate to bring the preparation of the relevant documents to the attention of the persons who, in the authority’s opinion, are affected or likely to be affected by, or have an interest in the decisions involved in the assessment and adoption of the plan or programme concerned, [F1 as specified in] the Environmental Assessment of Plans and Programmes Directive (“the public consultees”);

(c) inform the consultation bodies and the public consultees of the address (which may include a website) at which a copy of the relevant documents may be viewed, or from which a copy may be obtained; and

(d) invite the consultation bodies and the public consultees to express their opinion on the relevant documents, specifying the address to which, and the period within which, opinions must be sent.

(3) The period referred to in paragraph (2)(d) must be—

(a) not less than 28 days; and

(b) of such length as will ensure that the consultation bodies and the public consultees are given an effective opportunity to express their opinion on the relevant documents.

(4) The responsible authority must keep a copy of the relevant documents available at its principal office for inspection by the public at all reasonable times and free of charge.

(5) Nothing in paragraph (2)(c) requires the responsible authority to provide copies free of charge; but, where a charge is made, it must be of a reasonable amount.

Textual Amendments

F1 Words in reg. 13(2)(b) 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), 2(4); 2020 c. 1, Sch. 5 para. 1(1)