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

Screening Procedure

5.—(1) An application for a screening decision must be accompanied by—

(a) a plan sufficient to identify the relevant land;

(b) a brief description of the nature, extent and purpose of the project and of its possible effects on the environment; and

(c) any other information or representations the applicant may wish to provide or make.

(2) The National Assembly must notify the applicant for a screening decision of the date the application was received by it.

(3) If the National Assembly considers it does not have sufficient information to make the screening decision it may request that the applicant supply any additional information it requires.

(4) The National Assembly must decide in accordance with the selection criteria set out in Schedule 1 and paragraph (5) below whether a project is likely to have a significant effect on the environment.

(5) A project which the National Assembly decides is likely to have a significant effect on a European site (either alone or in combination with other projects), and which is not directly connected with or necessary to the management of the site, must be treated as likely to have a significant effect on the environment.

(6) The National Assembly must make a screening decision within 35 days of the date notified to the applicant in accordance with paragraph (2) above or such longer period as may be agreed with the applicant and, before reaching a screening decision, may consult with such of the consultation bodies as it thinks fit.

(7) The National Assembly must—

(a) notify the screening decision together with a statement giving the full reasons for the decision to the applicant;

(b) enter the screening decision in a register to which the public shall have access at all reasonable times; and

(c) notify the screening decision to such of the consultation bodies as would, in its opinion, wish to be informed of it.

(8) If an applicant who has not been notified of a screening decision within the period specified in paragraph (6) above, notifies the National Assembly that he or she intends to treat such failure to notify as a decision that the project is a relevant project, the National Assembly shall be deemed to have decided that the project is a relevant project on the date the applicant so notifies the National Assembly.

(9) If at any time after the National Assembly has decided or is deemed to have decided that a project is a relevant project under this regulation, it shall receive further information or representations which cause it to decide that the project is not a relevant project, it shall notify that decision and a statement giving the full reasons for the decision to the applicant and to the consultation bodies notified in accordance with paragraph (7)(c) above and shall enter the decision in the register referred to at paragraph (7)(b) above.

(10) If a project to which a screening decision relates has not been commenced before the expiry of three years from the date it was notified to the applicant or of the date it was deemed to have been decided in accordance with paragraph (8) above, or of such longer period as may have been agreed by the National Assembly, that screening decision shall cease to have effect.