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12.—(1) In the case of a transborder project where the greater part of the relevant land is situated in Wales, the National Assembly must consult the Secretary of State before making a screening decision under regulation 5(4), giving a scoping opinion under regulation 7(4) or granting or refusing consent under regulation 13(1).
(2) Subject to paragraph (4) below, in the case of a transborder project where the greater part of the relevant land is situated in England, that project must be subject only to the equivalent regulations applicable to the project in England.
(3) If so requested by the Secretary of State, the National Assembly may agree that an application in respect of a transborder project to which these Regulations would otherwise apply be subject only to the equivalent regulations applicable to the project in England.
(4) Paragraph 2 of this regulation shall not apply if the Secretary of State accedes to a request made by the National Assembly in accordance with regulation 12(3) of the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (England) Regulations 2001(1).
S.I. 2001/3966.
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