The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016

Application to the Crown

59.—(1) These Regulations apply to the Crown with the following modifications.

(2) In relation to an application made to the Welsh Ministers other than an application under section 62D of the 1990 Act (developments of national significance: applications for planning permission), regulation 11 (application referred to the Welsh Ministers without an environmental statement) is to be read as if—

(a) in paragraph (1)—

(i) before “referred” in the first place it occurs, it read “made to the Welsh Ministers under section 293A of the 1990 Act (urgent Crown development: application)(1) or”; and

(ii) before “referral” it read “making or the”; and

(b) in paragraph (2), before “referred” in the first place it occurs, it read “made under section 293A of the 1990 Act or”.

(1)

Section 293A was inserted by section 82(1) of the Planning and Compulsory Purchase Act 2004 (c.5) (the “2004 Act”) and has been amended by section 16 and Schedule 2, paragraphs 8 and 9 and section 27 and paras 1 and 17(1) to (3) of Schedule 4 to the Planning (Wales) Act 2015 (anaw. 4). Section 118(3) of the 2004 Act provides that a reference in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) to an enactment amended by the 2004 Act must be taken as a reference to the enactment as so amended.