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

PART 2 Screening

General provisions relating to screening

9.—(1) The Welsh Ministers may direct that particular ROMP development is exempted from the application of these Regulations in accordance with Article 2(3) of the Directive (but without prejudice to Article 7 of the Directive).

(2) Where a direction is given under paragraph (1), the Welsh Ministers must—

(a) send a copy of any such direction to the relevant mineral planning authority and to the applicant or appellant;

(b) make available to the public the information considered in making the direction and the reasons for making the direction;

(c) consider whether another form of assessment would be appropriate; and

(d) take such steps as they consider appropriate to bring the information obtained under the other form of assessment to the attention of the public.

(3) Where the Welsh Ministers are to decide under these Regulations whether ROMP development is EIA development the Welsh Ministers must take into account in making that decision such of the selection criteria set out in Schedule 1 as are relevant to the development.

(4) Where the Welsh Ministers make a screening direction under these Regulations—

(a) that direction must be accompanied by a written statement giving clearly and precisely the full reasons for the decision comprised in the direction; and

(b) the Welsh Ministers must send a copy of the direction and a copy of the written statement required by sub-paragraph (a) to the applicant or appellant, as the case may be, and to the relevant mineral planning authority.

(5) The Welsh Ministers may make a screening direction irrespective of whether they have received a request to do so.

General screening of ROMP development

10.—(1) ROMP development is EIA development.

• This is subject to paragraph (2) and without prejudice to regulation 9.

(2) Any applicant or appellant may, within three weeks of the date on which these Regulations come into force, request the Welsh Ministers to make a screening direction under regulation 11.

Screening directions of the Welsh Ministers

11.—(1) An applicant or appellant who, pursuant to regulation 10(2), requests the Welsh Ministers to make a screening direction under this regulation must submit with that request—

(a) a copy of the ROMP application;

(b) a plan sufficient to identify the land;

(c) a description of the nature and purpose of the ROMP development and its possible effects on the environment;

(d) any representations that the applicant or appellant wishes to make.

(2) An applicant or appellant who makes a request pursuant to regulation 10(2) in connection with an undetermined ROMP application which is before a mineral planning authority for determination, must forthwith, send to the relevant mineral planning authority a copy of that request and of any representations that that person makes to the Welsh Ministers.

(3) The Welsh Ministers must, if they consider that they have not been provided with sufficient information to make a screening direction, notify in writing the applicant, appellant or a relevant operator of the additional information (“screening information”) they require and of the matters set out in paragraph 2 of Schedule 3.

(4) For the purposes of paragraph (3), a relevant operator is any operator which the Welsh Ministers reasonably consider is, or should be, able to provide screening information.

(5) The Welsh Ministers must send a copy of any written notification given under paragraph (3) to the relevant mineral planning authority.

(6) The Welsh Ministers may in writing request the relevant mineral planning authority to provide such information as it can in relation to screening information requested under paragraph (3).

(7) A mineral planning authority to which a request is made under paragraph (6) must, within 3 weeks of the date on which that request is made, or such longer period as is agreed in writing with the Welsh Ministers—

(a) provide such information as it can in relation to the screening information; or

(b) notify the Welsh Ministers in writing of the reasons why it cannot provide any such information.

(8) Screening information required pursuant to written notification given under paragraph (3) must be provided within 3 weeks beginning with the date on which the notification is given, or such longer period as may be agreed in writing with the Welsh Ministers (“the relevant period”).

(9) If screening information required pursuant to written notification given under paragraph (3) is not provided within the relevant period the planning permission to which the undetermined ROMP application relates ceases to authorise any minerals development from the end of the relevant period.

(10) The Welsh Ministers must make a screening direction as soon as reasonably practicable following the latest of the following dates—

(a) the date on which a request pursuant to regulation 10(2) is received;

(b) where the person making the request has been notified pursuant to paragraph (3), the date on which the screening information required is received;

(c) the date on which a written response under paragraph (7) is received.

(11) If the ROMP development which is the subject of a screening request made pursuant to regulation 10(2) is development of a type listed in Annex I to the Directive, the Welsh Ministers must direct that that development is EIA development.

• This is without prejudice to regulation 9.

(12) The Welsh Ministers must, as soon as reasonably practicable following the making of a screening direction under this regulation, send to the person who made the request—

(a) a copy of the screening direction made; and

(b) where the screening direction is to the effect that the development in question is EIA development, written notification of the matters set out in paragraph 3 of Schedule 3.

(13) The Welsh Ministers may withdraw a written notification given under paragraph (3) at any time before the expiration of the relevant period.