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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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Procedure following publication under regulation 37

38.  (1)  An applicant or appellant notified pursuant to regulation 36(5)(b) must, within seven days of the date of that notification, provide to the relevant mineral planning authority or the Welsh Ministers (as the case may be), such number of copies of the other relevant information as are specified in the notice given under that regulation.

(2) A relevant mineral planning authority must, within 14 days of the date of publishing a notice under regulation 37—

(a)send to the Welsh Ministers, two copies of the other relevant information to which the notice relates;

(b)send to each of the consultation bodies a copy of the other relevant information; and

(c)give written notification to each consultation body stating that any representation it wishes to make in response to the consultation regarding the other relevant information must be made in writing to the relevant mineral planning authority within 21 days of the date of the notice (or such longer period as may be agreed between the relevant mineral planning authority and the consultation body).

(3) The Welsh Ministers must, as soon as reasonably practicable following the date of publishing a notice under regulation 37—

(a)send to each of the consultation bodies a copy of the other relevant information;

(b)give written notification to each consultation body stating that any representation it wishes to make in response to the consultation regarding the other relevant information must be made in writing to the Welsh Ministers within 21 days of the date of the notice (or such longer period as may be agreed between the Welsh Ministers and the consultation body); and

(c)send to the relevant mineral planning authority a copy of the other relevant information.

(4) Where other relevant information is published in accordance with regulation 37, the relevant mineral planning authority or the Welsh Ministers (as the case may be), must not determine the application or appeal until the expiry of the period of 21 days after the latest of the following dates—

(a)the date on which notice of the other relevant information was published in a local newspaper pursuant to regulation 37(1);

(b)the date (if any) on which notice of the other relevant information was served pursuant to regulation 37(2);

(c)the date on which notice of the other relevant information was posted on the land pursuant to regulation 37(3);

(d)the date on which the other relevant information was sent to the consultation bodies pursuant to this regulation.

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