The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017

Development in Wales likely to have significant effects in another EEA State

56.—(1) Where—

(a) it comes to the attention of the Welsh Ministers that development proposed to be carried out in Wales is the subject of an EIA application and is likely to have significant effects on the environment in another EEA State; or

(b) another EEA State likely to be significantly affected by such development so requests,

the Welsh Ministers must—

(i) send to the EEA State as soon as possible and no later than the date of publication in the London Gazette referred to in sub-paragraph (ii), the particulars mentioned in paragraph (2) and, if relevant, the information referred to in paragraph (3);

(ii) publish in a notice in the London Gazette the information in paragraph (2) and, if relevant, the information referred to in paragraph (3) and an address where additional information is available; and

(iii) give the EEA State a reasonable time in which to indicate whether it wishes to participate in the procedure for which these Regulations provide.

(2) The particulars referred to in paragraph (1)(b)(i) are—

(a) a description of the development, together with any available information on its possible significant effect on the environment in another EEA State; and

(b) information on the nature of the decision which may be taken.

(3) Where an EEA State indicates, in accordance with paragraph (1)(b)(iii), that it wishes to participate in the procedure for which these Regulations provide, the Welsh Ministers must as soon as possible send to that EEA State—

(a) a copy of the application concerned;

(b) details of the authority responsible for deciding the application;

(c) a copy of any planning permission relating to the development;

(d) a copy of any environmental statement in respect of the development; and

(e) relevant information regarding the procedure under these Regulations,

but only to the extent that such information has not been provided to the EEA State earlier in accordance with paragraph (1)(b)(i).

(4) The Welsh Ministers must also ensure that the EEA state concerned is given an opportunity, before planning permission for the development is granted, to forward to the Welsh Ministers, within a reasonable time, the opinions of its public and of the authorities likely to be concerned by the project by reason of their specific environmental responsibilities on the information supplied.

(5) The Welsh Ministers must in accordance with Article 7(4) of the Directive—

(a) enter into consultations with the EEA State concerned regarding, inter alia, the potential significant effects of the development on the environment of that EEA State and the measures envisaged to reduce or eliminate such effects; and

(b) determine in agreement with the other EEA State a reasonable period of time for the duration of the consultation period.

(6) Where an EEA State has been consulted in accordance with paragraph (5), on the determination of the application concerned the Welsh Ministers must inform the EEA State of the decision and must forward to it a copy of the information referred to in regulation 28.