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

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The screening decision

7.—(1) The Welsh Ministers must, in accordance with paragraph (2) and the selection criteria in Schedule 2, decide whether a project, or part of it, is a significant project.

(2) If the Welsh Ministers decide that a project, or part of it, is likely to have significant effects on a European site, alone or in conjunction with other projects, and the project is not directly connected with, or necessary for, the management of the site, the project is to be treated as being a significant project.

(3) Before making a screening decision the Welsh Ministers may consult any of the consultation bodies.

(4) The Welsh Ministers must make a screening decision within 35 days of—

(a)the date in regulation 6(3); or

(b)the date on which the Welsh Ministers receive any additional information they have requested under regulation 6(2),

whichever is the latest.

(5) The period in paragraph (4) may be extended with the agreement of the applicant.

(6) After making a screening decision the Welsh Ministers must—

(a)notify the applicant of it within the period applicable under paragraph (4), with reasons;

(b)enter it in a register, to which the public must have access at all reasonable times; and

(c)notify any of the consultation bodies they consider might wish to be informed of the screening decision.

(7) If the Welsh Ministers have failed to make or notify a screening decision within the period in paragraph (4), the applicant may notify the Welsh Ministers that they intend to treat that failure as a decision that the project is a significant project.

(8) Where the applicant has notified the Welsh Ministers in accordance with paragraph (6), the Welsh Ministers are deemed to have decided that the project is a significant project on the date of that notification.

(9) If, after the Welsh Ministers have made, or are deemed to have made, a decision that the project is a significant project—

(a)the Welsh Ministers receive additional information or representations; and

(b)as a result of the information or representations the Welsh Ministers decide that the project is not a significant project,

the Welsh Ministers must take all steps listed in paragraph (6) in respect of that decision.

(10) The screening decision will cease to have effect if the project to which it relates is not commenced within a period of 3 years from the date on which the screening decision—

(a)was notified to the applicant; or

(b)was deemed to have been taken under paragraph (7).

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