The Works on Common Land, etc. (Procedure) (Wales) Regulations 2012

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply in relation to Wales, prescribe the procedure for applications to the Welsh Ministers under section 38 of the Commons Act 2006 (“the 2006 Act”) for consent to carry out restricted works on common land and certain related types of applications. The term 'restricted works' for the purposes of these Regulations, is defined in section 38(2), (3) and (4) of the 2006 Act.

These Regulations enable the Welsh Ministers to appoint a person to exercise their functions in relation to such applications (regulation 3).

They include provisions about—

(a) making and publicising applications (regulations 5, 7, 8 and 19);

(b) making representations in relation to applications (regulation 10);

(c) the management and determination of applications, including provision for holding site inspections, hearings or inquiries in appropriate cases (regulations 6, 9, 11-18 and 20); and

(d) applications for consent to works on National Trust land (regulation 21).

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ or online from www.wales.gov.uk.