The Developments of National Significance (Procedure) (Wales) Order 2016

Interpretation of Table

In the above Table—

(a) in paragraphs (a) and (b)—

“floor space” (“arwynebedd llawr”) means the total floor space in a building or buildings;

“industrial process” (“proses ddiwydiannol”) means a process for or incidental to any of the following purposes—

(i)

the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording);

(ii)

the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or

(iii)

the getting, dressing or treatment of minerals in the course of any trade or business other than agriculture, and other than a process carried out on land used as a mine or adjacent to and occupied together with a mine (and in this sub-paragraph, “mine” (“mwynglawdd”) means any site on which mining operations are carried out);

“relevant nuclear site” (“safle niwclear perthnasol”) means a site which is—

(i)

a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013)(1);

(ii)

an authorised defence site (within the meaning given by regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998(2)); or

(iii)

a new nuclear build site (within the meaning given by regulation 2A(1) those Regulations)(3).

(b)

in paragraph (c), “network” (“rhwydwaith”) and “operator” (“gweithredwr”) have the same meaning as in section 83(1) of the Railways Act 1993 (the provision of railway services)(4);

(c)

in paragraphs (d) and (e), “classified road” (“ffordd ddosbarthiadol”) means a highway or proposed highway which—

(i)

is a classified road or a principal road by virtue of section 12(1) of the Highways Act 1980 (general provision as to principal and classified roads)(5); or

(ii)

is classified for the purposes of any enactment by the Welsh Ministers by virtue of section 12(3) of that Act;

(d)

in paragraph (h), “scheduled monument” (“heneb gofrestredig”) has the same meaning as in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 (schedule of monuments)(6);

(e)

in paragraph (l)—

“dwellinghouse” (“ty annedd”) does not include a building containing one or more flats, or a flat

contained within such a building (and in this paragraph, “flat” (“fflat”) means a separate and self-contained set of premises constructed or adapted for the purpose of dwelling and forming part of a building from some other part of which is divided horizontally);

“slurry” (“slyri”) means animal faeces and urine (whether or not water has been added for handling); and

“caravan” (“carafán”) has the same meaning as in section 29(1) of the Caravan Sites and Control of Development Act 1960 (caravan sites)(7);

(f)

in paragraph (n), “site of special scientific interest” (“safle o ddiddordeb gwyddonol arbennig”) means land to which section 28(1) of the Wildlife and Countryside Act 1981 (sites of special scientific interest) applies;

(g)

in paragraph (o), theatre” (“theatr”) has the same meaning as in section 5 of the Theatres Trust Act 1976 (interpretation)(8);

(h)

in paragraph (r)—

(i)

“playing field” (“maes chwarae”) means the whole of a site which encompasses at least one playing pitch;

(ii)

“playing pitch” (“llain chwarae”) means a delineated area which, together with any run-off area, is of 0.2 hectares or more, and which is used for association football, American football, rugby, cricket, hockey, lacrosse, rounders, baseball, softball, Australian football, Gaelic football, shinty, hurling, polo or cycle polo;

(i)

in paragraph (t)—

(i)

expressions appearing both in that paragraph and in Directive 2012/18/EU have the same meaning as in that Directive; and

(ii)

“control of major accident hazards competent authority” (“awdurdod COMAH cymwys”) means—

(aa)

in relation to a relevant nuclear site, the Office of Nuclear Regulation and the Natural Resources Body for Wales, acting jointly;

(bb)

otherwise, the Health and Safety Executive and the Natural Resources Body for Wales acting jointly.

(1)

2013 c. 32.

(2)

S.I. 1998/494. The definition of “authorised defence site” was inserted by article 6(2) of, and paragraphs 70 and 72(a) of Schedule 3 to, the Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469).

(3)

Regulation 2A was inserted by article 6(2) of and paragraphs 70 and 73 of, Schedule 3 to that Order.

(4)

1993 c. 43. There are amendments to section 83 which are not relevant to this instrument.

(5)

1980 c. 66.

(6)

1979 c. 46.

(7)

1960 c. 62. There are amendments to section 29 which are not relevant to this instrument.

(8)

1976 c. 27.