Statutory Instruments made by the National Assembly for Wales

(a) each relevant part of the restructuring project must be assessed so as to determine the threshold applicable to that part, and

(b) if any relevant part of the restructuring project equals or exceeds the threshold applicable to that part, then the entire restructuring project is to be treated as having an extent equal to or exceeding the threshold applicable to it.

    (7) In this regulation, "sensitive area" ("ardal sensitive") means—

(a) the date they received the request for a scoping opinion; or

(b) where applicable, from the date they received the additional information requested under paragraph (3).

(a) in breach of regulation 4, or

(b) in breach of regulation 8,

(a) a stop notice;

(b) a remediation notice, or

(c) a notice under paragraph 5 of Schedule 4,

and any such notice is referred to in this regulation as the "relevant notice" ("hysbysiad perthnasol").

    (2) An appeal may be brought on any of the following grounds—

(a) that the Welsh Ministers did not have power to serve the relevant notice, or to include a particular requirement in it;

(b) that there has been some material irregularity, defect or error in, or in connection with, the relevant notice; or

(c) that any of the requirements of the relevant notice are unreasonable.

    (3) An appeal against a relevant notice must be brought by notice, which must—

(a) include a copy of the relevant notice;

(b) state the grounds of appeal; and

(c) be served on the Welsh Ministers within 28 days of the date of service of the relevant notice.

    (4) Except as otherwise provided by this regulation, the Welsh Ministers may determine the procedure (which may include provision for site visits) for deciding the appeal.

    (5) Appeals under this regulation may be conducted by written representations or by hearing.

    (6) On determining the appeal, the Welsh Ministers—

(a) may affirm, vary or revoke the relevant notice, and

(b) must notify the applicant with the reasons for their decision.

"area restructuring project" ("prosiect ailstrwythuro arwynebedd") means a restructuring project which involves an area of land;

"boundary restructuring project" ("prosiect ailstrwythuro terfyn") means a restructuring project involving the addition or removal of any field boundary (including any wall, fence, bank, ditch or watercourse);

"volume restructuring project" ("prosiect ailstrwythuro cyfaint") means a restructuring project involving the addition, removal or redistribution of a volume of earth or other material in relation to land.

(a) the size of the project;

(b) the cumulation with other projects;

(c) the use of natural resources;

(d) the production of waste;

(e) pollution and nuisances; and

(f) the risk of accidents, having regard in particular to substances or technologies used.

Location of Project
     2. The environmental sensitivity of geographical areas likely to be affected by projects, having regard in particular to—

(a) the existing land use;

(b) the relative abundance, quality and regenerative capacity of natural resources in the area; and

(c) the absorption capacity of the natural environment, paying particular attention to the following areas—


(i) wetlands;

(ii) coastal zones;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected under legislation (including European sites);

(vi) areas in which the environmental quality standards laid down in any legislation of the Communities have already been exceeded;

(vii) densely populated areas; and

(viii) landscapes of historical, cultural or archaeological significance.

The potential impact
     3. The potential significant effects of projects, in relation to criteria set out under paragraphs 1 and 2, having regard in particular to—

(a) the extent of the impact (geographical area and size of the affected population);

(b) the impact on other EEA States;

(c) the magnitude and complexity of the impact;

(d) the probability of the impact; and

(e) the duration, frequency and reversibility of the impact.

(a) a description of the physical characteristics of the whole project and the land use requirements during the construction, or other implementation, and operational phases;

(b) a description of the main characteristics of the production processes, for instance, nature and quantity and the materials used;

(c) an estimate, by type and quantity, of expected residues and emissions (including water, air and soil pollution, noise, vibration, light, heat, radiation) resulting from the operation of the proposed project.

     2. An outline of the main alternatives studied by the applicant for consent and an indication of the main reasons for his or her choice, taking into account the environmental effects.

     3. A description of the aspects of the environment likely to be significantly affected by the proposed project, including, in particular, population, fauna, flora, soil, water, air climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors.

     4. A description of the likely significant effects of the project on the environment, which should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the project, resulting from—

(a) the existence of the project;

(b) the use of natural resources; and

(c) the emission of pollutants, the creation of nuisances and the elimination of waste,

and the description by the applicant for consent of the forecasting methods used to assess the effects on the environment.

     5. A description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment.

     6. A non-technical summary of the information provided under paragraphs 1 to 5 of this Part.

     7. An indication of any difficulties (including technical deficiencies or lack of expertise) encountered by the applicant for consent in compiling the required information.

(a) require any person interested in the relevant land to supply them with such information as they reasonably think necessary; and

(b) if they consider it necessary, consult members of the public.

     3. Unless, following the assessment, the Welsh Ministers are satisfied that the project permitted by the decision or consent will not adversely affect the integrity of the European site, and regulation 16(4) does not apply, the Welsh Ministers must—

(a) in the case of a decision, revoke the decision; and

(b) in the case of a consent, either—


(i) revoke the consent; or

(ii) make such modifications to the consent as appear to them to be necessary to ensure that the project will not adversely affect the integrity of the European site,



and the Welsh Ministers must notify all persons who appear to them to have an interest in the relevant land of their decision (its "further decision").

     4. Subject to paragraph 5, a further decision does not affect any works that have already been carried out in relation to a decision or consent.

     5. —(1) If—

(a) a project which is subject to a further decision has commenced; and

(b) it appears to the Welsh Ministers to be necessary to safeguard the integrity of the European site,

the Welsh Ministers may by notice require the person responsible for carrying out such works, or any person with an interest in the relevant land, to carry out such works of reinstatement as may be reasonable in the circumstances.

    (2) A notice under paragraph (1) must state the period during which the works must be carried out.

    (3) Any person who carries out such reinstatement works is entitled, on making a claim in accordance with paragraph 8, to recover from the Welsh Ministers compensation in respect of any expenses reasonably incurred by him or her in carrying out those works.

     6. —(1) Regulation 31 applies to a decision made under paragraph 3.

    (2) Regulation 30 applies to a notice served under paragraph 5.

     7. If, following a further decision under paragraph 3, a person has incurred expenditure in carrying out work which is rendered abortive by the further decision, or has otherwise sustained loss or damage which is directly attributable to the further decision, he or she is entitled to be paid compensation on submitting a claim in accordance with paragraph 8.

     8. A claim for compensation payable under paragraph 5(3) or 7 must be submitted to the Welsh Ministers within 6 weeks of the notification of the decision in which compensation is payable and must be accompanied by such evidence as the Welsh Ministers may reasonably require.

     9. Any dispute as to the amount of compensation payable under paragraphs 5(3) and 7 may be referred to the Lands Tribunal within 6 years of the date of notification of the further decision in respect of which compensation is payable.

     10. Nothing in this Schedule affects anything done in pursuance of a decision or consent before the date the site became a European site.

(a) may relate to any particular appeal or matter specified in the appointment or to appeals or matters of a specified description;

(b) may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of any conditions specified in the appointment; and

(c) may, by notice given to the appointed person, be revoked at any time by the Welsh Ministers in respect of any appeal or matter which has not been determined by the appointed person before that time.

     3. Subject to the provisions of this Schedule, an appointed person has, in relation to any appeal or matter to which his appointment relates, the same powers and duties as the Welsh Ministers has under regulation 30(6), or regulation 31(8), (10), (12) and (13) as the case may be.

     4. —(1) The provisions of this paragraph apply to an appeal under regulation 30 or 31 which falls to be determined by an appointed person and, in the case of an appeal under regulation 31, apply instead of regulation 31(7).

    (2) If the appellant or the Welsh Ministers inform the appointed person that they wish to appear before and be heard by him or her, the appointed person must give them an opportunity to do so.

    (3) Even if the appellant or the Welsh Ministers has not asked to appear and be heard, the appointed person—

(a) may—


(i) in the case of an appeal under regulation 30, hold a hearing in connection with the appeal or matter, and

(ii) in the case of an appeal under regulation 31, hold a local inquiry or other hearing in connection with the appeal or matter; and



(b) must, in the case of an appeal under regulation 31, hold a local inquiry in connection with the appeal or matter if the Welsh Ministers direct.

    (4) The appointed person must notify his or her decision to hold a hearing or a local inquiry (as the case may be) to the appellant, the Welsh Ministers and to any persons who notified the Welsh Ministers that they wish to make representations under regulation 31(6).

    (5) If an appointed person holds a local inquiry or other hearing under this Schedule, the Welsh Ministers may appoint an assessor to sit with the appointed person and advise him or her on any matters arising, notwithstanding that the appointed person is to determine the matter or appeal.

    (6) Subject to regulation 31(10), the costs of the hearing or local inquiry held under this Schedule must be met by the Welsh Ministers.

     5. —(1) If the appointment of the appointed person is revoked under paragraph 2(c) in respect of any appeal or matter, the Welsh Ministers must, unless they propose to determine the matter themselves, appoint another person under regulation 30(10) or 31(9) to determine the appeal or matter instead.

    (2) If a new appointment is made, the consideration of the appeal or matter, or any local inquiry or other hearing in connection with it, must begin afresh.

    (3) Nothing in sub-paragraph (2) requires any person to be given an opportunity to make fresh representations or to modify or withdraw any representations already made.

     6. —(1) Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates is to be treated for all purposes as done or omitted to be done by the Welsh Ministers.

    (2) Sub-paragraph (1) does not apply—

(a) for the purposes of so much of any contract made between the Welsh Ministers and the appointed person as relates to the exercise of the function; or

(b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that sub-paragraph.