The Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Wales) Regulations 2002

The consent decision

13.—(1) The National Assembly must consider, in the light of the environmental statement, any additional environmental information and any representations received in accordance with paragraph (3) of regulation 9, paragraph (2) or (3) of regulation 10 and, in respect of projects to which regulation 11 applies, in the light of consultations with the relevant EEA State and any opinions received pursuant to paragraph (3)(b) of that regulation, whether or not to grant consent for the project.

(2) The National Assembly shall not reach its decision under paragraph (1) above until the latest of

(a) the expiry of the period specified in the notice published under regulation 9(3)(b);

(b) the expiry of 28 days after the later of the date on which any additional environmental information was sent to any consultation bodies and the date that notice of it was published in accordance with regulation 10(3); and

(c) the expiry of any period agreed between the National Assembly and the relevant EEA State pursuant to regulation 11(4)(b).

(3) The National Assembly must not grant consent for a project which would involve doing anything which would be unlawful under regulations 39, 41 or 43 of the Habitats Regulations (which shall not include anything for which a licence has been granted under regulation 44 of the Habitats Regulations).

(4) Paragraphs (5) and (9) below shall apply to a decision of the National Assembly whether or not to grant consent for a project which is likely to have a significant effect on a European site (either alone or in combination with other projects) (referred to in these paragraphs as “the project”).

(5) Subject to paragraphs (7) and (8) below, the National Assembly may grant consent for the project only if it has considered the implications for the European site and is satisfied that the project will not adversely affect the integrity of that site.

(6) The consideration to be undertaken under paragraph (5) above shall involve an appropriate assessment of the implications of the project for the European site in view of the site’s conservation objectives.

(7) If the National Assembly is satisfied that, there being no alternative solutions, the project must be carried out for imperative reasons of overriding public interest (which, subject to paragraph (8) below, may be of a social or economic nature), the National Assembly may grant consent for the project notwithstanding a negative assessment of the implications for a European site.

(8) Where the European site concerned hosts a priority natural habitat type or a priority species, the reasons referred to in paragraph (7) must be either—

(a) reasons relating to human health, public safety or beneficial consequences of primary importance to the environment, or

(b) other reasons which in the opinion of the European Commission are in the case of the site concerned imperative reasons of overriding public interest.

(9) if in accordance with paragraph (7) consent is granted for a project notwithstanding a negative assessment of the implications for a European site, the National Assembly must secure that any necessary compensatory measures are taken to ensure that the overall coherence of Natura 2000 (as defined in the Habitats Regulations) is protected.

(10) Any consent granted in accordance with paragraph (1) above must be subject to the conditions required by paragraph (11) below and to such additional conditions as the National Assembly may think fit.

(11) Every consent shall be granted subject to conditions to the effect that—

(a) the consent shall lapse if the project has not commenced (by the carrying out of a material act) within one year of the date on which it was granted;

(b) if the project has not been completed (which, in this regulation, shall mean that works permitted by the consent have been carried out and completed and all changes in the use or level of use of the relevant land permitted by the consent have been implemented) within three years of the date on which the consent was granted, the consent shall expire and the National Assembly may require operations or uses implemented pursuant to the consent to cease until it has granted further consent in accordance with paragraph (d);

(c) the consent authorises the project only as described in the consent application, subject to any amendments approved by the National Assembly pursuant to a request by the applicant, and any material change in the operations or uses so authorised shall require further consent in accordance with paragraph (d);

(d) applications for further consent under conditions in paragraphs (b) or (c) above shall be subject to such of the requirements of these Regulations as the National Assembly shall think fit.

(12) When the National Assembly has decided whether to grant consent it must—

(a) notify the applicant, those consultation bodies to whom copies of the consent application were sent in accordance with regulation 9(3)(a), any EEA State consulted pursuant to paragraph (4) of regulation 11 and any authority or person who forwarded their opinion to the National Assembly pursuant to paragraph (3)(b) of that regulation of its decision together with the full reasons and considerations on which the decision is based;

(b) inform the public of the decision by publishing a notice in a newspaper circulating in the locality in which the relevant land is situated or by such other means as it may think reasonable in the circumstances; and

(c) make available for public inspection a statement containing:

(i) the content of the decision;

(ii) the full reasons and considerations on which the decision is based; and

(iii) a description, where relevant, of the principal measures required to be taken to avoid, reduce or offset the major adverse effects of the project.

(13) If the National Assembly decides to grant consent for a project—

(a) which consists of the carrying out of operations likely to damage any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest (as defined by the Wildlife and Countryside Act 1981(1)) is of special interest;

(b) which the Countryside Council for Wales has advised against permitting or has advised should be permitted only subject to certain conditions; and

(c) in respect of which the National Assembly’s decision does not follow the advice in sub-paragraph (b) above,

the National Assembly must give notice of its decision to the Countryside Council for Wales, including a statement of how (if at all) it has taken account of the advice of the Countryside Council for Wales, and must impose a condition on the consent to prevent the project from being commenced before the end of the period of 21 days beginning with the date of that notice.

(1)

1981 c. 69 (the definition in section 52(1) was inserted by paragraph 5 of Schedule 9 to the Countryside and Rights of Way Act 2000 (2000 c. 37)).