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

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

I1Reg. 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)

I2Reg. 3(2)(4)(a)(iii) in force at 6.3.2019, see reg. 1(3)

I3

Marginal Citations

M1S.I. 2009/3342 (W. 293), amended by S.I. 2013/755 (W. 90) and S.I. 2016/58 (W. 28).

M2O.J. L 26, 28.1.2012, p. 1.

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