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The Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Wales) Regulations 2007

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Register

26.—(1) The Welsh Ministers must keep a register containing the information specified in paragraph (2).

(2) The register must contain a copy, either in photographic or electronic form or both, of—

(a)each determination made by the Secretary of State under regulation 5(2);

(b)each determination made by the Welsh Ministers under regulation 5(4);

(c)each application for a preliminary determination under regulation 6(1);

(d)each preliminary determination made by the Welsh Ministers in response to an application under regulation 6(1);

(e)each opinion given by the Welsh Ministers under regulation 7(2);

(f)each application for permission to carry out dredging made to the Welsh Ministers under regulation 10(1), including any environmental statement, and any accompanying plans and drawings;

(g)any further information supplied under regulation 11(2), or any other information supplied by the applicant;

(h)each notice published under regulation 12(1);

(i)any reports and advice which are issued to the Welsh Ministers in relation to any application under these Regulations;

(j)each determination made by the Welsh Ministers under regulation 13(1);

(k)any information supplied by an applicant under regulation 13(2);

(l)each decision of the Welsh Ministers under regulation 13(7), including a copy of the report of any person appointed under regulation 13(4) in respect of the application, details of any conditions subject to which permission was granted and the date of the decision;

(m)each approval of a transfer given under regulation 16(2), including a copy of any conditions subject to which the approval was given;

(n)each application for a variation of a permission made under regulation 18(1);

(o)any information provided by the applicant or decision, determination or opinion of the Welsh Ministers in relation to an application to vary a permission to carry out dredging, under any regulation which is applied to an application under regulation 18(1) by regulation 19(1)(b) or regulation 19(3);

(p)each determination made by the Welsh Ministers under regulation 18(3);

(q)any information provided by an applicant for a variation under regulation 20(2);

(r)each decision made by the Welsh Ministers under regulation 20(8) in relation to a proposed variation, including a copy of the report of any person appointed under regulation 20(6) in respect of the application, details of any conditions subject to which the variation was granted and the date of the decision;

(s)each notice served by the Welsh Ministers under regulation 21(3)(a);

(t)any information provided by the owner or holder of a permission in response to a request under regulation 21(3)(b);

(u)the report of any person appointed under regulation 21(10);

(v)each decision made by the Welsh Ministers under regulation 21(11);

(w)each notice served by the Welsh Ministers under regulation 21(12);

(x)the order of any court in any legal proceedings in respect of an offence under these Regulations;

(y)any information supplied by an applicant under paragraph 2(2) of Schedule 3;

(z)any information provided by the owner or holder of a permission under paragraph 3(4) of Schedule 3;

(aa)each decision made by the Welsh Ministers to affirm, revoke or vary a permission under paragraph 3(5) of Schedule 3;

(bb)each notice served by the Welsh Ministers under paragraph 4(1) of Schedule 3;

(cc)each notice served by the Welsh Ministers under paragraph 5(1) or (5) of Schedule 3;

(dd)each decision made by the Welsh Ministers in respect of a review under paragraph 5(4) of Schedule 3, including a copy of the report of any person appointed under paragraph 5(3) of that Schedule in respect of the review, and the date of the decision;

(ee)any statement of reasons accompanying any of the above;

(ff)any monitoring scheme, report or other information submitted to the Welsh Ministers under a condition to which permission to carry out dredging, or consent to a transfer of a permission under regulation 16, was made subject;

(gg)any representation made or information provided to the Welsh Ministers by any person or body, and in particular the Secretary of State, the Department of the Environment in Northern Ireland or an EEA state, in connection with any function performed or to be performed by the Welsh Ministers under these Regulations; and

(hh)the order of any court in any legal proceedings in which the validity of any approval, decision, determination, opinion or other action of the Welsh Ministers under these Regulations was questioned.

(3) The register must include an index.

(4) The register must be available for inspection by the public at all reasonable hours, by prior appointment.

(5) Where the register is kept using electronic storage, the Welsh Ministers may also make the register available for inspection by the public on a website maintained by the Welsh Ministers for that purpose.

(6) On request by any member of the public and on payment of a reasonable fee, the Welsh Ministers must provide a copy of any document entered on the register.

(7) Except where paragraph (8) applies, an entry in the register must be made within 28 days of—

(a)the receipt by the Welsh Ministers of any application, representation, information, scheme, report or order;

(b)the giving or making of the relevant approval, decision, determination or opinion or the issuing of the relevant notice.

(8) Where the Welsh Ministers are of the view that making an entry in the register in accordance with paragraph (7) may prejudice the fairness or speed of the process of the giving or making of any approval, decision, determination, or opinion under these Regulations, the entry must be made as soon as practicable after the approval, decision, determination or opinion has been made or given.

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