The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009 E+W

3.—(1) The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009 M1 are amended as follows.

(2) In regulation 2—

(a) in paragraph (1)—

(i) for “ “the Directive” (“y Gyfarwyddeb”) means Council Directive 85/337/EEC” substitute “ “the Directive” (“y Gyfarwyddeb”) means Directive 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 adopted on 13 December 2011 M2 ;”; and

(ii) in the definition of “sensitive area”, in paragraph (h), for “regulation 10 of the Conservation (Natural Habitats etc) Regulations 1994” substitute “ regulation 8 of the Conservation of Habitats and Species Regulations 2017 M3 ”; and

(b) in paragraph (7), after “Council Directive” insert “ (other than the Directive) ”.

(3) In regulation 9(1)—

(a) for “The Welsh Ministers” substitute “ Without prejudice to regulation 52, the Welsh Ministers ”; and

(b) omit the words from “in accordance with” to the end.

(4) In Schedule 1—

(a) in paragraph 2(c)(v)—

(i) after “Member States' legislation” insert “ or the legislation of any part of the UK ”;

(ii) for “by Member States pursuant to” substitute “ under EU-derived domestic legislation which transposed ”; and

(iii) after “Council Directive 79/409/EEC on the conservation of wild birds” insert “ or Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds ”; and

(b) in paragraph 2(c)(vi), for “EU legislation” substitute “ retained EU law ”.

Commencement Information

I1 Reg. 3(1)(3)(4)(a)(i)(ii) in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

I2 Reg. 3(2)(4)(a)(iii) in force at 6.3.2019, see reg. 1(3)

Marginal Citations

M1 S.I. 2009/3342 (W. 293), amended by S.I. 2013/755 (W. 90) and S.I. 2016/58 (W. 28).

M2 O.J. L 26, 28.1.2012, p. 1.

M3 S.I. 2017/1012, amended by S.I.2018/1307.