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

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This is the original version (as it was originally made). Wales Statutory Instruments are not carried in their revised form on this site.

4.—(1) The provisions of this paragraph, instead of regulation 15(6), shall apply to an appeal which falls to be determined by an appointed person.

(2) If the appellant expresses a wish to appear before and be heard by the appointed person, the appointed person shall give the appellant an opportunity of appearing and being heard.

(3) Whether or not an appellant has asked for an opportunity to appear and be heard, the appointed person—

(a)may hold a local inquiry or other hearing in connection with the appeal or matter, and

(b)must, if the National Assembly so directs, hold a local inquiry in connection with the appeal or matter.

(4) Where either sub-paragraph (2) or (3) above applies, the appointed person must notify the decision that a hearing or a local inquiry, as the case may be, is to be held to the appellant and to any persons who notified the National Assembly that they wished to make representations in accordance with regulation 15(5).

(5) Where an appointed person holds a local inquiry or other hearing by virtue of this Schedule, an assessor may be appointed by the National Assembly to sit with the appointed person at the inquiry or hearing and to advise them on any matters arising, notwithstanding that the appointed person is to determine the appeal or matter.

(6) Subject to regulation 15(9), the costs of a hearing or local inquiry held under this Schedule shall be defrayed by the National Assembly.

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