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The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007

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The screening decision

7.—(1) The Welsh Ministers must, in accordance with paragraph (2) and the selection criteria in Schedule 2, decide whether a project is likely to have significant effects on the environment (whether it is a “significant project”).

(2) If the Welsh Ministers decide that a project is likely to have significant effects on a European site (either alone or in combination with other projects), and the project is not directly connected with or necessary for the management of the site, the project shall be treated as being likely to have significant effects on the environment.

(3) Before making a screening decision, the Welsh Ministers may consult any of the consultation bodies.

(4) After making a screening decision, the Welsh Ministers must—

(a)notify the applicant of it, with reasons;

(b)enter it in a register, to which the public must have access at all reasonable times; and

(c)where they consider that any of the consultation bodies might wish to be informed of the screening decision, notify those bodies of it.

(5) The Welsh Ministers must make a screening decision, and notify the applicant of it, within 35 days, or a longer period agreed with the applicant, of the latest of the following dates—

(a)the date in regulation 6(3); or

(b)where applicable, the date the Welsh Ministers receive any further information they have requested under regulation 6(2).

(6) If the Welsh Ministers have failed to make or notify a screening decision within the period in paragraph (5), the applicant may notify the Welsh Ministers that he or she intends to treat that failure as a decision that the project is a significant project.

(7) Where the applicant has so notified the Welsh Ministers, the Welsh Ministers are deemed to have decided on the date of that notification that the project is a significant project.

(8) If, after the Welsh Ministers have made, or are deemed to have made, a decision that the project is a significant project—

(a)The Welsh Ministers receive further information or representations; and

(b)as a result of those representations the Welsh Ministers decide that the project is not a significant project,

the Welsh Ministers must take all the steps in paragraph (4) in respect of that new decision.

(9) If the project to which a screening decision relates is not begun within a period of three years beginning with the date the screening decision —

(a)is notified to the applicant; or

(b)is deemed to have been taken under paragraph (7) ,

the screening decision ceases to have effect.

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