8. A person must not begin or carry out a significant project unless he or she has first obtained consent from the Welsh Ministers.
9.—(1) After receiving a screening decision that a project is a significant project, but before applying for consent, the applicant may ask the Welsh Ministers to provide their opinion on what information should be provided in the environmental statement (“a scoping opinion”).
(2) If the applicant requests a scoping opinion, the Welsh Ministers must consult the applicant and such of the consultation bodies as they think fit before providing their opinion.
(3) If the Welsh Ministers consider that they do not have sufficient information to provide a scoping opinion, they may ask the applicant to supply any additional information they require within 28 days of the date on which the Welsh Ministers receive the request for the scoping opinion.
(4) The Welsh Ministers must provide the applicant with the scoping opinion within 5 weeks of
(a)the date they received the request for a scoping opinion; or
(b)where applicable, from the date they received the additional information requested under paragraph (3).
10.—(1) This regulation applies if a consultation body—
(a)is consulted by the Welsh Ministers under regulation 9(2); or
(b)receives a request for information from a person who intends to apply for consent.
(2) Where this regulation applies, the consultation body must—
(a)determine whether it has in its possession any information it considers relevant to the preparation of the environmental statement; and
(b)subject to paragraphs (3) and (4), make that information available to the Welsh Ministers or the applicant (as the case may be) within 28 days of the date of the consultation or the request.
(3) A consultation body may make a reasonable charge to the applicant for providing information under paragraph (2)(b), to reflect the cost of making the relevant information available.
(4) Paragraph (2)(b) does not require a consultation body to make available to the applicant any information which—
(a)it may refuse to disclose under regulation 12(1) of the Environmental Information Regulations 2004(1); or
(b)it is prevented from disclosing by regulation 13(1) of those Regulations.
(5) If a consultation body is not a public authority within the meaning of regulation 2(2) of the Environmental Information Regulations 2004, paragraph (4) applies as if it were such a public authority.
11.—(1) An application for consent must include an environmental statement and must be made to the Welsh Ministers.
(2) The applicant for consent must provide the Welsh Ministers with as many copies of the application as they reasonably require.
(3) After receiving the application for consent, the Welsh Ministers must—
(a)send a copy of the application to any of the consultation bodies they consider appropriate, and inform them that they may make representations within 6 weeks of the date they received the application; and
(b)in order to ensure that members of the public concerned are given an opportunity to make representations before the application is determined, publish in a newspaper circulating in the locality of the relevant land and on the Welsh Assembly Government website a notice—
(i)stating that the application has been made;
(ii)specifying an address at which copies of the application can be inspected free of charge, and where copies of the application may be taken (for which a reasonable charge may be made), at all reasonable hours within 6 weeks of the date the notice is published;
(iii)stating that representations on the likely environmental effects of the project may be made in writing to the Welsh Ministers at the address specified under paragraph (ii) within 6 weeks of the date the notice is published;
(iv)stating that, if consent is granted, it will be subject to the conditions in regulation 17(2), and any other conditions that the Welsh Ministers think fit;
(v)stating, if relevant, which of the other EEA States, the authorities referred to in Article 6(1) of the EIA Directive and the public concerned in such EEA State, will be consulted on the application.
12.—(1) If, after complying with regulation 11(3), the Welsh Ministers decide that a statement included with an application for consent, which purports to be an environmental statement, should contain additional information in order to be an environmental statement, it must notify the applicant of the information required (and the number of copies), and the applicant must provide the Welsh Ministers with that information.
(2) The Welsh Ministers must—
(a)send a copy of the additional environmental information to such of the consultation bodies as they think fit, and
(b)inform them that they may make representations within 28 days of the date they receive it.
(3) The Welsh Ministers must publish in a newspaper circulating in the locality of the relevant land and on the Welsh Assembly Government website a notice—
(a)referring to the application to which the additional information relates and the date the application was made;
(b)stating that the additional environmental information has been received;
(c)specifying an address at which copies of the additional environmental information can be inspected free of charge, and where copies of the application may be taken (for which a reasonable charge may be made) at all reasonable hours within 28 days of the date the notice is published; and
(d)stating that representations in relation to the additional environmental information may be made in writing to the Welsh Ministers at the address in paragraph (c) within 28 days of the date the notice is published.
13.—(1) As soon as possible after receiving an application for consent for a significant project, the Welsh Ministers must consider whether that project is also likely to have significant effects on the environment in another EEA State.
(2) If the Welsh Ministers consider that such effects are likely, or an EEA State likely to be significantly affected requests, the Welsh Ministers must send to that EEA State—
(a)details of the nature and location of the significant project;
(b)any information the Welsh Ministers have on the impact it is likely to have on that EEA State;
(c)an indication of whether the Welsh Ministers is minded to grant consent for the project, and the nature of any consent that might be granted; and
(d)a request that the EEA State should indicate within a reasonable time whether it wishes to participate in the procedure under these Regulations.
(3) If the EEA State indicates that it wishes to participate in the procedure under these Regulations, the Welsh Ministers must—
(a)send it a copy of the application for consent, of the environmental statement and of any further information it considers relevant to the application; and
(b)provide it with information about the procedure under these Regulations.
(4) The Welsh Ministers must also—
(a)arrange for the particulars and information in paragraphs (2) and (3) to be made available, in a reasonable time, to the authorities referred to in Article 6(1) of the EIA Directive and the public concerned in the territory of the EEA State; and
(b)ensure that those authorities and the public concerned are given an opportunity to provide the Welsh Ministers with their opinion on the information supplied within a reasonable time before consent for the project is granted.
(5) In accordance with Article 7(4) of the EIA Directive, the Welsh Ministers must—
(a)enter into consultations with the EEA State concerned about, amongst other things, the potential significant effects of the project on the environment of that State and the measures envisaged to reduce or eliminate those effects; and
(b)seek to agree with the EEA State a reasonable period of time for those consultations, which must include time for consideration of any opinions received under paragraph 4(b).
14.—(1) If the Welsh Ministers receive information from another EEA State made available under Article 7(1) and 7(2) of the EIA Directive (which concern information relating to a project in one EEA State which is likely to have significant effects on the environment of another EEA State) in relation to a significant project in that EEA state, the Welsh Ministers must—
(a)arrange for that information to be made available, in a reasonable time, to the consultation bodies and such members of the public which, in their opinion, are likely to be concerned by the project;
(b)ensure that the consultation bodies and the members of the public referred to in paragraph (a) are given an opportunity to forward their opinion on the information provided to the competent authority in the EEA State during any period agreed under paragraph (2)(b).
(2) In accordance with Article 7(4) of the EIA Directive, the Welsh Ministers must also—
(a)enter into consultations with the EEA State concerned about, amongst other things, the potential significant effects of the project on the environment in Wales and the measures envisaged to reduce or eliminate those effects; and
(b)seek to agree with the EEA State a reasonable period, before consent for the project is granted, during which any opinions received under paragraph 1(b) can be forwarded to that EEA State.
(3) If another EEA State has taken a decision to grant or refuse consent and has informed the Welsh Ministers of that decision in accordance with Article 9(2) of the EIA Directive, the Welsh Ministers must take such steps as they consider appropriate to bring to the attention of the public any information received from that EEA State in relation to that decision.
15.—(1) When deciding whether to grant consent for a significant project, the Welsh Ministers must consider—
(a)the environmental statement;
(b)any additional environmental information;
(c)any representations they receive under—
(i)regulation 11(3)(a);
(ii)regulation 12(2)(b) and (3)(d); and
(iii)regulation 13(4)(b) and
(d)any social or economic impacts which might result from a decision to refuse consent for the project.
(2) The Welsh Ministers must not reach its decision under paragraph (1) until the latest of—
(a)the expiry of the period in the notice under regulation 11(3)(b)(iii);
(b)the expiry of the period of 28 days after—
(i)the date on which any additional environmental information was sent to the consultation bodies; and
(ii)the date notice of the additional environmental information was published under regulation 12(3); and
(c)the expiry of any period agreed with another EEA State under regulation 13(5)(b).
whichever is the last to occur.
16.—(1) The Welsh Ministers must not grant consent for a project that would involve doing anything which would be unlawful under regulations 39, 41 or 43 of the Habitats Regulations (but that does not include anything for which a licence has been granted under regulation 44 of those Regulations).
(2) Paragraphs (3) to (6) apply when the Welsh Ministers are deciding whether to grant consent for a project which is likely to have a significant effect on a European site (either alone or in combination with other projects) (referred to in those paragraphs as “the project”).
(3) Unless paragraph (4) applies, the Welsh Ministers may only grant consent for the project if they have considered the implications of the project for the European site (including an appropriate assessment of the implications in view of that site’s conservation objectives) and are satisfied that the project will not adversely affect the integrity of the site.
(4) If the Welsh Ministers are satisfied that the project must be carried out for imperative reasons of overriding public interest (which, subject to paragraph (5), may be of a social or economic nature) and that there is no alternative solution, it may grant consent for the project even though the assessment of its implications for a European site is negative.
(5) If the European site hosts a priority natural habitat type or a priority species, the reasons in paragraph (4) must be either—
(a)reasons relating to human health, public safety or beneficial consequences of primary importance to the environment, or
(b)other reasons which in the opinion of the European Commission are, in the case of the site concerned, imperative reasons of overriding public interest.
(6) If the Welsh Ministers decide to grant consent for a project in accordance with paragraph (4), they must secure that any necessary compensatory measures are taken to ensure that the overall coherence of Natura 2000 (within the meaning of regulation 2(1) of the Habitats Regulations) is protected.
17.—(1) Any consent granted under regulation 15 is to be subject to—
(a)the conditions in paragraph (2); and
(b)any other conditions the Welsh Ministers think fit.
(2) The conditions required by paragraph (1)(a) are—
(a)the consent lapses if the project is not commenced (by the carrying out of a material act) within 1 year of the date on which it was granted;
(b)the consent expires if the project is not completed within 3 years of the date on which it was granted; and
(c)the consent only authorises the project described in the consent application, subject to any amendments approved by the Welsh Ministers under paragraph (4).
(3) After the expiry of a consent in accordance with paragraph (2)(b), the Welsh Ministers may require a further application for consent in accordance with paragraph (5) in respect of any further operations or uses forming part of the project.
(4) The Welsh Ministers may approve any amendments at the request of an applicant, but any material change in the authorised operations or uses requires a further application for consent in accordance with paragraph (5).
(5) Further applications for consent under paragraphs (3) and (4) may be subject to any requirement of these Regulations that the Welsh Ministers consider appropriate.
(6) In this regulation, a project is “completed” (“wedi'i gwblhau”) if all the works permitted by the consent have been carried out and all changes in the use, or the level of use, of the relevant land have been implemented.
18. When the Welsh Ministers have made a consent decision in respect of a project they must—
(a)notify the applicant, any consultation bodies to whom copies of the consent application were sent under regulation 11(3)(a), any EEA State they consulted under regulation 13 (5) and any authority or person who forwarded their opinion under regulation 13(2)(b) of—
(i)their decision;
(ii)the full reasons and considerations on which the decision is based; and
(iii)any representations made by the public concerned in respect of the application;
(b)inform the public of their decision by publishing a notice in a newspaper in the locality in which the relevant land is situated or by any other means it considers reasonable in the circumstances; and
(c)make available for public inspection a statement containing—
(i)the content of the decision;
(ii)the full reasons and considerations on which the decision is based;
(iii)where relevant, a description of the principal measures that must be taken to avoid, reduce or offset the major adverse effects of the project;
(iv)a summary of any representations made by the public concerned in relation to the application; and
(v)information regarding the right to challenge the decision and the procedures for doing so.
19.—(1) In the case of a transborder project where the greater part of the relevant land is situated in Wales, the Welsh Ministers must consult the Secretary of State before—
(a)making a screening decision under regulation 7;
(b)providing a scoping opinion under regulation 9; or
(c)granting or refusing consent under regulation 15.
(2) Except where an agreement to the contrary has been reached under paragraph (4), in the case of a transborder project where the greater part of the land is situated in England, that project will be subject only to the equivalent Regulations applicable to the project in England.
(3) In the case of an application in respect of a transborder project to which these Regulations would otherwise apply, if so requested by the Secretary of State, the Welsh Ministers may agree that the application should be subject only to the equivalent Regulations applicable to the project in England.
(4) If the Welsh Ministers so request, and the Secretary of State agrees, a transborder project to which paragraph (2) would otherwise apply shall be subject only to these Regulations.
20. Schedule 4 applies if, after the date of—
(a)a decision that a project is not a significant project, or
(b)a decision to grant consent for a project,
a site becomes a European site and the Welsh Ministers consider that the carrying out or completion (within the meaning of “completed” in regulation 17(6)) of the project would be likely to have a significant effect on that site and would not be directly connected with or necessary for the management of the site.