5.—(1) Subject to paragraphs (5) and (6) and regulation 7, where—
(a)the first formal preparatory act of a plan or programme occurs after 21 July 2004; and
(b)the plan or programme is of the description set out in paragraph (2) or (3),
the responsible authority must carry out, or secure the carrying out of, an environmental assessment, in accordance with Part 3 of these Regulations, during the preparation of that plan or programme and before its adoption or submission to the legislative procedure.
(2) The description is a plan or programme which—
(a)is prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use; and
(b)sets the framework for future development consent of projects listed in Annex I or II to [F1Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment, as amended from time to time].
(3) The description is a plan or programme which, in view of the likely effect on sites, has been determined to require an assessment [F2under EU-derived domestic legislation which transposed] Article 6 or 7 of the Habitats Directive.
(4) Subject to paragraph (5) and regulation 7, where the—
(a)first formal preparatory act of a plan or programme, other than a plan or programme of the description set out in paragraph (2) or (3), occurs after 21 July 2004;
(b)plan or programme sets the framework for future development consent of projects; and
(c)plan or programme is the subject of a determination under regulation 9(1), or a direction under regulation 10(3), that it is likely to have significant environmental effects,
the responsible authority must carry out, or secure the carrying out of, an environmental assessment, in accordance with Part 3, during the preparation of that plan or programme and before its adoption or submission to the legislative procedure leading to adoption.
(5) Nothing in paragraph (1) or (4) requires the carrying out of an environmental assessment for a—
(a)plan or programme, the sole purpose of which relates to national defence or civil emergency;
(b)financial or budget plan or programme; or
(c)plan or programme co-financed under—
(i)the 2000-2006 programming period for Council Regulation (EC) No. 1260/1999; or
(ii)the 2000-2006 or 2000-2007 programming period for Council Regulation (EC) No. 1257/1999.
(6) An environmental assessment need not be carried out for a—
(a)plan or programme of the description set out in paragraph (2) or (3) which determines the use of a small area at local level; or
(b)minor modification to a plan or programme of the description set out in either of those paragraphs,
unless it has been determined under regulation 9(1) that the plan, programme or modification, as the case may be, is likely to have significant environmental effects, or it is the subject of a direction under regulation 10(3).
Textual Amendments
F1Words in reg. 5(2)(b) substituted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 17(3)