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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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Requirement to submit environmental statement

17.—(1) An environmental statement must be submitted for every EIA application in connection with which written notification is given pursuant to regulation 12(7), 13(12), 14(13) or 15(13).

(2) An environmental statement required in connection with an EIA application which is before a relevant mineral planning authority for determination must be submitted to that authority in draft (“draft environmental statement”)—

(a)within 16 weeks of the date on which, in accordance with regulation 12(7)(a), a copy of the authority’s scoping opinion is sent to the applicant; or

(b)where a scoping direction has been requested pursuant to regulation 12(8), within 16 weeks of the date on which, in accordance with regulation 13(12), a copy of the Welsh Ministers' scoping direction is sent to the applicant,

or such longer period as may be agreed in writing with the authority (“the relevant period”).

(3) An environmental statement required in connection with an EIA application to which regulation 14(1) or 14(3) applies, must be submitted to the Welsh Ministers in draft (a “draft environmental statement”) within 16 weeks of the date of the notification given under regulation 14(13), or such longer period as may be agreed in writing by the Welsh Ministers (“the relevant period”).

(4) An environmental statement required in connection with an EIA application to which regulation 15 applies, must be submitted to the Welsh ministers in draft (a “draft environmental statement”) within 16 weeks of the date of the notification given under regulation 15(13), or such longer period as may be agreed in writing by the Welsh Ministers (“the relevant period”).

(5) This paragraph applies where an EIA application is referred to the Welsh Ministers—

(a)following the date on which a scoping opinion or direction is sent to the applicant pursuant to regulation 12(7)(a) or 13(12); and

(b)before an environmental statement is submitted to a relevant mineral planning authority under this regulation.

(6) Where paragraph (5) applies, the draft environmental statement must be submitted to the Welsh Ministers within 16 weeks of the date on which, the scoping opinion or direction was sent to the applicant pursuant to regulation 12(7)(a) or 13(12), as the case may be, or such longer period as may be agreed in writing by the Welsh Ministers (“the relevant period”).

(7) No more than one draft environmental statement may be accepted by a relevant mineral planning authority or the Welsh Ministers in respect of any EIA application.

(8) If a draft environmental statement is not submitted within the relevant period applicable in accordance with paragraph (2), (3), (4) or (6), the planning permission to which the EIA application relates ceases to authorise any minerals development from the end of the relevant period.

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