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The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2017

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Application to the High Court by a person aggrieved

33.—(1) A person aggrieved by a decision of the Welsh Ministers that a project is not a significant project or a decision to grant consent for a significant project may make an application to the High Court for an order quashing the decision.

(2) The High Court may quash a decision mentioned in paragraph (1) if it satisfied that—

(a)the decision is not lawfully made; or

(b)the interests of the person who has applied to the court have been substantially prejudiced by a failure to comply with any other requirement of these Regulations.

(3) An application to the High Court under this regulation must be made within 6 weeks of the date the decision is—

(a)entered in the register in accordance with regulation 7(6)(b); or

(b)published accordance with regulation 18(b).

(4) The High Court may be interim order, pending the determination of an application under this regulation, stay the operation of the decision on such terms as it considers appropriate.

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