Search Legislation

The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Default powers of the Welsh Ministers

6.—(1) Where, in relation to an EIA application, a relevant mineral planning authority–

(a)is required to take any step within a particular period; and

(b)does not take the step in question within the particular period,

the Welsh Ministers may direct that the EIA application in question be referred to them instead of being dealt with by the relevant mineral planning authority.

(2) Where the Welsh Ministers have given a direction under this regulation and the circumstances mentioned in paragraph (3) apply, the Welsh Ministers may recover from the relevant mineral planning authority such costs or expenses as they have reasonably incurred in dealing with the EIA application to which the direction relates.

(3) The circumstances referred to in paragraph (2) are that the Welsh Ministers consider on the evidence available to them, that the failure of the authority to take the step in question within the particular period was brought about as a result of the fault or intention of the relevant mineral planning authority.

(4) Before giving a direction under this regulation the Welsh Ministers must consult the relevant mineral planning authority and the applicant.

(5) Any EIA application in respect of which a direction under this regulation is given must be referred to the Welsh Ministers accordingly.

(6) For the purposes of this regulation the reference to a particular period is a reference to any of the following—

(a)a period specified under these Regulations;

(b)a period agreed in writing in accordance with the provisions of these Regulations;

(c)where a relevant mineral planning authority has made a written request under regulation 5(1), the period calculated in accordance with regulation 5(10).

(7) Before determining the application the Welsh Ministers may, if either the applicant or the relevant mineral planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Welsh Ministers for the purpose.

(8) The decision of the Welsh Ministers on the application is final.

(9) The powers conferred by this regulation are in addition to, and not in derogation from, any other powers of the Welsh Ministers including in particular, the power conferred by section 77.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources