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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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Scoping opinions of the relevant mineral planning authority

12.—(1) A relevant mineral planning authority must adopt a scoping opinion in relation to every EIA application which is before it for determination and comply with paragraph (7)—

(a)where paragraph (2) applies, within 8 weeks of receipt of such scoping information as may be required pursuant to written notification given under that paragraph;

(b)where an applicant has made a request pursuant to regulation 10(2), within 8 weeks of receipt of a copy of a positive screening direction;

(c)in all other cases, within 8 weeks of the date on which these Regulations come into force.

(2) If an authority considers that it has not been provided with sufficient information to adopt a scoping opinion it must—

(a)where an applicant has made a request pursuant to regulation 10(2), within 8 weeks of receipt of a copy of a positive screening direction made under that regulation; otherwise

(b)within 8 weeks of the date on which these Regulations come into force;

notify the applicant or a relevant operator in writing of the additional information (“scoping information”) it requires and of the matters set out in paragraph 4 of Schedule 3.

(3) For the purposes of paragraph (2), a relevant operator is any operator which the relevant mineral planning authority reasonably considers is, or should be, able to provide scoping information.

(4) Scoping information required pursuant to written notification given under paragraph (2) must be provided within 3 weeks beginning on the date on which the notification is given or such longer period as may be agreed in writing with the authority (“the relevant period”).

(5) If scoping information required pursuant to written notification given under paragraph (2) is not provided within the relevant period the planning permission to which the EIA application relates ceases to authorise any minerals development from the end of the relevant period.

(6) An authority must not adopt a scoping opinion under paragraph (1) until it has consulted the applicant, any relevant operator notified under paragraph (2) and the consultation bodies.

(7) An authority must send to an applicant—

(a)a copy of its scoping opinion adopted under this regulation; and

(b)written notification of the matters set out in paragraph 5 of Schedule 3.

(8) Where an authority fails to comply with paragraph (7) within the 8 week period applicable in accordance with paragraph (1), the applicant may request the Welsh Ministers to make a scoping direction under regulation 13.

(9) The adoption of a scoping opinion under this regulation does not preclude the relevant mineral planning authority or the Welsh Ministers from giving written notification under regulation 26 (further information) or regulation 27 (evidence).

(10) Where a relevant mineral planning authority receives a copy of a scoping direction pursuant to regulation 13(12) the authority must, within seven days of receipt of the copy, notify the applicant in writing of the matters set out in paragraph 6 of Schedule 3.

(11) A relevant mineral planning authority may withdraw a written notification given under paragraph (2) at any time before the expiration of the relevant period.

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