Office of Public Sector Information

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Environmental Impact Assessment (Uncultivated Land and Semi-natural Areas) (Wales) Regulations 2002 (S.I. 2002/2127) (“the principal Regulations”).

They implement Directive 2003/35/EC (OJ No. L156, 25.6.2003, p.17) providing for public participation in certain environmental decision making, which amends Council Directive 85/337/EEC (OJ No. L175, 5.7.85, p.40, as amended by Council Directive 97/11/EC, OJ No. L73, 14.3.97, p.5) (“the EIA Directive”) on the assessment of the effects of certain public and private projects on the environment, insofar as it affects environmental impact assessments of uncultivated land and semi-natural areas.

They also include amendments to reflect a change in the legislation relating to disclosure of environmental information.

Regulation 3 updates interpretations in the principal Regulations.

Regulation 4 requires the National Assembly, when exercising its power to direct that a particular project is exempt from regulations 4 to 26 of the principal Regulations, to consider whether any assessment of the project would be appropriate, other than an assessment of the kind which would take place under regulations 4 to 26 of the principal Regulations, and to bring certain information relating to the exercise of the power to the attention of the public.

Regulation 5 updates the reference in the principal Regulations to the Environmental Information Regulations 1992 (S.I. 1992/3240, as amended by S.I. 1998/1447), which are now revoked. It provides that a consultation body is not required to make available to an applicant for consent any information which it may refuse to disclose under the Environmental Information Regulations 2004 (S.I. 2004/3391) or which it is prevented from disclosing by those Regulations.

Regulation 6 requires the National Assembly to publish notice of an application for consent on an appropriate website, and requires certain additional information to be included in the notice.

Regulation 7 requires the National Assembly to publish any notice of additional environmental information on an appropriate website.

Regulation 8 amends the requirements in the principal Regulations relating to projects in Wales which may affect the environment in other EEA States and vice versa.

Regulation 9 requires certain additional information to be provided by the National Assembly when giving notice of a decision to grant or refuse consent.

A Regulatory Appraisal has been prepared in respect of these Regulations. Copies are available from the Department for Environment, Planning and Countryside, Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.