http://www.legislation.gov.uk/wsi/2016/58/regulation/39The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 (revoked)texttext/xmlenStatute Law DatabaseTOWN AND COUNTRY PLANNING, WALES2025-01-16Expert Participation2024-11-04 These Regulations consolidate with amendments the provisions of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (“the 1999 Regulations”) and subsequent amending instruments. The 1999 Regulations consolidated and updated earlier instruments which implemented the 1985 Council Directive on the assessment of the effects of certain public and private projects on the environment . PART 9391This regulation applies where a local planning authority or the Welsh Ministers propose to make or confirm a section 97 order or a section 102 order.2In this regulation—“section 97 order” (“gorchymyn adran 97”) means—an order of a local planning authority under section 97(1) of the 1990 Act, oran order of the Welsh Ministers under section 100(1) of the 1990 Act,modifying any permission to develop land; and“section 102 order” (“gorchymyn adran 102”) means an order of a local planning authority under section 102 of the 1990 Act or an order of the Welsh Ministers to like effect pursuant to section 104(1) of the 1990 Act.3The local planning authority must not make and the Welsh Ministers must not make or confirm, a section 97 order or a section 102 order in relation to Schedule 2 development unless the local planning authority have adopted a screening opinion or the Welsh Ministers have made a screening direction.4Paragraphs (5) and (6) and Schedule 6 apply—ato Schedule 1 development;bwhere either—ithe local planning authority adopts a screening opinion, oriithe Welsh Ministers make a screening direction under these Regulations,to the effect that the development is EIA development.5The local planning authority must not make a section 97 order which permits or requires EIA development unless—athey have prepared an environmental statement in relation to that development; andbthey have taken the environmental information into consideration and they state in their decision that they have done so.6The Welsh Ministers must not confirm or make a section 97 order or a section 102 order which permits or requires EIA development unless—aan environmental statement has been prepared in relation to that development; andbthey have taken the environmental information into consideration and they state in their decision that they have done so.Regulations revoked (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), regs. 1(2), 65(1) (subject to savings and transitional provisions in regs. 63, 65(2)-(10)) (as amended (1.4.2019) by The Town and Country Planning (Environmental Impact Assessment) (Wales) (Amendment) Regulations 2019 (S.I. 2019/299), reg. 2(2))