PART 5TRANSFER AND VARIATION OF PERMISSIONS
Variation of permission on application: relevant projects and habitats projects19
1
Where the Welsh Ministers determine under regulation 18(3)(a) that a variation would constitute a relevant project —
a
the Welsh Ministers must request the applicant to supply an environmental statement within a specified period and must not decide the variation application until the applicant has supplied one; and
b
the following provisions of these Regulations apply in relation to the variation application as they apply in relation to an application under regulation 10, as if references to deciding an application under paragraph (1) of that regulation and cognate expressions were references to deciding an application under regulation 18—
i
regulations 7 and 8,
ii
paragraphs (4), (5) and (6) of regulation 10,
iii
regulations 11 and 12,
iv
with the exception of paragraph 7(b), regulation 13,
v
regulations 14 and 15,
vi
regulation 23,
vii
regulations 25 to 27, and
viii
regulations 29 and 30.
2
Where an environmental statement has been requested under paragraph (1)(a) and has not been supplied within the specified period, or such further period as the Welsh Ministers may allow, the application will be deemed to have been withdrawn at the end of such period and the fee will be refunded, provided that no advertisement under regulation 12(1), as applied by paragraph 1(b), has been published at the date of withdrawal.
3
Where the Welsh Ministers determine under regulation 18(3)(b) that a variation would constitute a habitats project, the following provisions of these Regulations apply in relation to the variation application as they apply in relation to an application made under regulation 10, as if references to deciding an application under paragraph (1) of that regulation and cognate expressions were references to deciding an application under regulation 18—
a
regulations 13 and 14;
b
regulations 23 to 30.