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

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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.

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