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PART 3Consent

Provision of information

10.—(1) This regulation applies if a consultation body—

(a)is consulted by the Welsh Ministers under regulation 9(2); or

(b)receives a request for information from a person who intends to apply for consent.

(2) Where this regulation applies, the consultation body must—

(a)determine whether it has in its possession any information it considers relevant to the preparation of the environmental statement; and

(b)subject to paragraphs (3) and (4), make that information available to the Welsh Ministers or the applicant within 28 days from the date of the consultation or the request, whichever is the earliest.

(3) A consultation body may make a reasonable charge to the applicant for providing information under paragraph (2)(b), to reflect the cost of making the relevant information available.

(4) Paragraph (2)(b) does not require a consultation body to make available to the applicant any information which—

(a)it may refuse to disclose under regulation 12(1) of the Environmental Information Regulations 2004(1); or

(b)it is prevented from disclosing by regulation 13(1) of those Regulations.

(5) If a consultation body is not a public authority within the meaning of regulation 2(2) of the Environmental Information Regulations 2004, paragraph (4) applies as if it were such a public authority.