Office of Public Sector Information

regulation 2(1)

SCHEDULE 3 Information for inclusion in the environmental statements

PART 1

1.  A description of the project, including in particular—

(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.

PART 2

1.  A description of the project comprising information on the site, design and size of the project.

2.  A description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects.

3.  The data required to identify and assess the main effects which the project is likely to have on the environment.

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

5.  A non-technical summary of the information provided under paragraphs 1 to 4 of this Part.

regulation 20

SCHEDULE 4 Review of decisions and consents

1.  As soon as is reasonably practicable the Welsh Ministers must, for the purpose of determining whether the project permitted by the decision or consent will adversely affect the integrity of the site, make an appropriate assessment of the implications of the project for the European site in view of the site’s conservation objectives.

2.  For the purposes of the assessment, the Welsh Ministers may —

(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.