
1 

(1) The title of these Regulations is the Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019.
(2) Subject to paragraph (3), these Regulations come into force on exit day.
(3) Regulations 2(8)(a)(i), 3(2), 3(4)(a)(iii), 4(5)(b)(iv), 4(5)(c), 5(2)(c), 6(4)(b) and 6(12)(c) come into force 21 days after the date on which these Regulations are made.
(4) These Regulations apply in relation to Wales.
2 

(1) The Environmental Assessment of Plans and Programmes (Wales) Regulations 2004  are amended as follows.
(2) In regulation 5(3), for  “pursuant to” substitute “
                under EU-derived domestic legislation  which transposed
              ”.
(3) In regulation 12(4), for  “other EU legislation” substitute “
                retained EU law 
              ”.
(4) In regulation 13(2)(b), for  “required under” substitute “
                as specified in
              ”.
(5) In regulation 14, in paragraphs (1) and (3)(a), for  “another” substitute “
                a
              ”.
(6) In regulation 15—
(a) in the heading, omit  “other”; and
(b) omit the words from  “under” to  “Directive”.
(7) In Schedule 1, in paragraph 1(e), for  “EU legislation” substitute “
                retained EU law
              ”.
(8) In Schedule 2—
(a) in paragraph 4—
(i) after  “Council Directive 79/409/EEC on the conservation of wild birds” insert “
                        or Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds 
                      ”; and
(ii) for  “pursuant to” substitute “
                        under EU-derived domestic legislation which transposed
                      ”; and
(b) in paragraph 5, for  “Member State” substitute “
                    national
                  ”.
3 

(1) The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009  are amended as follows.
(2) In regulation 2—
(a) in paragraph (1)—
(i) for “ “the Directive” (“y Gyfarwyddeb”) means Council Directive 85/337/EEC” substitute “ “the Directive” (“y Gyfarwyddeb”) means Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment as adopted on 13 December 2011 ;”; and
(ii) in the definition of  “sensitive area”, in paragraph (h), for  “regulation 10 of the Conservation (Natural Habitats etc) Regulations 1994” substitute “
                        regulation 8 of the Conservation of Habitats and Species Regulations 2017 ”; and
(b) in paragraph (7), after  “Council Directive” insert “
                    (other than the Directive)
                  ”.
(3) In regulation 9(1)—
(a) for  “The Welsh Ministers” substitute “
                    Without prejudice to regulation 52, the Welsh Ministers
                  ”; and
(b) omit the words from  “in accordance with” to the end.
(4) In Schedule 1—
(a) in paragraph 2(c)(v)—
(i) after “Member States' legislation” insert “
                        or the legislation of any part of the UK
                      ”;
(ii) for  “by Member States pursuant to” substitute “
                        under EU-derived domestic legislation which transposed
                      ”; and
(iii) after  “Council Directive 79/409/EEC on the conservation of wild birds” insert “
                        or Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds
                      ”; and
(b) in paragraph 2(c)(vi), for  “EU legislation” substitute “
                    retained EU law
                  ”.
4 

(1) The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016  are amended as follows.
(2) In regulation 4(4), for  “in accordance with Article 2(4) of the Directive (but without prejudice to Article 7 of the Directive)” substitute “
                in exceptional circumstances, without prejudice to regulations 56 and 57
              ”.
(3) In regulation 51(a), for  “another” substitute “
                an
              ”.
(4) In regulation 53—
(a) in the heading and in paragraph (1)(a) and (b), for  “another” substitute “
                    an
                  ”;
(b) in paragraph (4)(a), for  “the authorities referred to in Article 6(1) of the Directive” substitute “
                    authorities in the relevant EEA State which that state has designated as responsible for performing the duties arising from the Directive
                  ”; and
(c) in paragraph (5), omit  “in accordance with Article 7(4) of the Directive”.
(5) In regulation 54—
(a) in the heading, for  “another” substitute “
                    an
                  ”;
(b) in paragraph (1)—
(i) for  “another” substitute “
                        an
                      ”;
(ii) omit  “, pursuant to Article 7(1) or 7(2) of the Directive,”;
(iii) omit  “, in accordance with Article 7(4) of the Directive”; and
(iv) in sub-paragraph (b), for  “to the competent authority in that EEA State representations pursuant to Article 7(3)(b) of the Directive” substitute “
                        representations to the authority in the relevant EEA State which that state has designated as responsible for performing the duties arising from the Directive
                      ”; and
(c) in paragraph (2)—
(i) in sub-paragraph (b), for  “competent authority in the relevant EEA State” substitute “
                        the authority in the relevant EEA State which that state has designated as responsible for performing the duties arising from the Directive
                      ”; and
(ii) in sub-paragraph (c), for  “competent authority of the relevant EEA State” substitute “
                        the authority in the relevant EEA State which that state has designated as responsible for performing the duties arising from the Directive
                      ”.
(6) In Schedule 1, in paragraphs 21 and 22, after  “pursuant to” in both places it occurs, insert “
                Chapter 3 of Part 1 of the Energy Act 2008  and any law which implemented
              ”.
(7) In Schedule 2, in the table in paragraph 2 in item 3(j), after  “pursuant to” insert “
                Chapter 3 of Part 1 of the Energy Act 2008 and any law which implemented
              ”.
(8) In Schedule 3, in paragraph 2(c)—
(a) in paragraph (v)—
(i) after “under Member States' legislation” insert “
                        or under the legislation of any part of the UK,
                      ”;
(ii) omit  “by Member States”; and
(iii) for  “pursuant to” substitute “
                        under EU-derived domestic legislation which transposed
                      ”; and
(b) in paragraph (vi), for  “EU legislation” substitute “
                    retained EU law
                  ”.
(9) In Schedule 5, in paragraph 12(a), for  “another” substitute “
                an
              ”.
(10) In Schedule 6, in paragraph 15(b), for  “another” substitute “
                an
              ”.
5 

(1) The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2017  are amended as follows.
(2) In regulation 2(1), in the appropriate places, insert—
(a) “public” (“aelodau'r cyhoedd”) means one or more natural or legal persons and, in accordance with the law of any part of the United Kingdom or practice, their associations, organisations or groups;"
(b) “public concerned” (“aelodau'r cyhoedd y mae a wnelo'r cais â hwy”) means the public affected or likely to be affected by, or having an interest in, environmental decision making procedures (for the purposes of this definition, non-governmental organisations promoting environmental protection and meeting any requirements under the relevant national law are deemed to have an interest);" and
(c) “Natura 2000” (“Natura 2000”) has the same meaning as in regulation 3(1) of the Habitats Regulations;"
(3) In regulation 2(2)—
(a) omit  “the EIA Directive or”;
(b) for  “the Habitats Directive” substitute “
                    the Habitats Regulations
                  ”; and
(c) for  “relevant Directive” substitute “
                    the Habitats Regulations
                  ”.
(4) In regulation 3—
(a) in paragraph (3)—
(i) omit  “, in accordance with Article 2(4) of the EIA Directive,”; and
(ii) after  “Regulations” insert “, but this is subject to paragraph (3A);
(b) after paragraph (3) insert—“
(3A) The Welsh Ministers must not make a direction under paragraph (3) unless—
(a) it is appropriate to do so because of exceptional circumstances;
(b) the application of these Regulations would result in adversely affecting the purpose of the project;
(c) they have considered whether another form of assessment would be appropriate;
(d) the objectives of the Directive are met even though their requirements are not fulfilled; and
(e) the project is unlikely to have a significant effect on the environment in an EEA State.
(3B) The Welsh Ministers must make available to the public concerned—
(a) the information obtained from any other form of assessment relating to the decision under paragraph (3A) whether to grant an exemption; and
(b) the reasons for granting it.”; and
(c) in paragraph (4), for  “Habitats Directive” substitute “
                    Habitats Regulations
                  ”.
(5) In regulation 11(3)(e) for  “EU legislation” substitute “
                retained EU law
              ”.
(6) In regulation 13—
(a) in the heading and in paragraph (1), for  “another” substitute “
                    an
                  ”;
(b) in paragraph (4)—
(i) omit  “In accordance with Article 6 of the Directive,”; and
(ii) in sub-paragraph (a), for  “referred to in Article 6(1) of the Directive” substitute “
                        which the EEA State has designated to be consulted about the project
                      ”; and
(c) in paragraph (5), omit  “In accordance with Article 7(4) of the EIA Directive,”.
(7) In regulation 14—
(a) in the heading and in paragraphs (1) and (3), for  “another” substitute “
                    an
                  ”;
(b) in paragraph (1), omit  “in accordance with Article 7(1) of the EIA Directive”; and
(c) in paragraph (2), omit  “In accordance with Article 7(4) of the EIA Directive,”.
(8) In regulation 15(2)(d), for  “another” substitute “
                an
              ”.
(9) In regulation 16—
(a) in paragraph (6)(b), for  “the European Commission” substitute “
                    the Welsh Ministers
                  ”; and
(b) after paragraph (6) insert—“
(6A) Before deciding whether the reasons are imperative reasons of overriding public interest, the Welsh Ministers must—
(a) consult—
(i) the Joint Nature Conservation Committee;
(ii) the Secretary of State and the other devolved administrations;
(iii) any other person they consider appropriate; and
(b) have regard to the national interest.”
(10) In Schedule 2, in paragraph 2(c)(vi), for  “EU legislation” substitute “
                retained EU law
              ”.
(11) In Schedule 3—
(a) in paragraph 4(1)—
(i) in paragraph (b)—(aa) for  “protected by” substitute “
                            protected under EU-derived domestic legislation which transposed
                          ”; and(bb) after  “Birds Directive” insert “
                            , as may be amended from time to time
                          ”; and
(ii) for the words after paragraph (d) substitute—“This description should take into account the environmental protection objectives established at European Union level as they were immediately before  IP completion day  (including in particular those established under the Habitats Directive and the Birds Directive or at national level.”; and
(b) in paragraph 8—
(i) for  “EU legislation such as” substitute “
                        retained EU law such as any law which implemented
                      ”;
(ii) after  “pursuant to”, in the second place with it appears, insert “
                        any other
                      ”; and
(iii) after  “requirements of” insert “
                        any law which implemented
                      ”.
6 

(1) The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017  are amended as follows.
(2) In regulation 2(1), omit the definition of  “Union legislation”.
(3) In regulation 4(2)(b)—
(a) after  “protected under” insert “ “
                    EU-derived domestic legislation which transposed
                  ”; and
(b) at the end, insert “
                    as may be amended from time to time
                  ”.
(4) In regulation 5—
(a) in paragraph (4)(a), for  “in accordance with Article 2(4) of the Directive (without prejudice to Article 7 of the Directive)” substitute “
                    in exceptional circumstances, without prejudice to regulations 56 and 57 and
                  ”;
(b) omit paragraph (7); and
(c) in paragraphs (8)(b) and (13)(b)(ii), for  “Union legislation other than legislation implementing the requirements of the Directive” substitute “
                    retained EU law (other than an enactment which implemented the Directive)
                  ”.
(5) In regulation 6(4), for  “Union legislation other than under the Directive” substitute “
                retained EU law (other than an enactment which implemented the Directive)
              ”.
(6) In regulation 17(4)(e), for  “Union legislation” substitute “
                retained EU law
              ”.
(7) In regulation 25(3)(c), for  “Union legislation (other than legislation implementing the requirements of the Directive)” substitute “
                retained EU law (other than an enactment which implemented the Directive)
              ”.
(8) In regulation 31(3), for  “Union legislation other than under the Directive” substitute “
                retained EU law (other than an enactment which implemented the Directive)
              ”.
(9) In regulation 43, for  “the requirements and objectives of the Directive” substitute “
                any law which implemented the Directive and with the objectives of the Directive
              ”.
(10) In regulation 54(a), for  “another” substitute “
                an
              ”.
(11) In regulation 56—
(a) in the heading and in paragraphs (1)(a) and (b) and (2)(a), for  “another”, in each place it occurs, substitute “
                    an
                  ”; and
(b) in paragraph (5)—
(i) omit  “in accordance with Article 7(4) of the Directive”; and
(ii) in sub-paragraph (b), omit  “other”.
(12) In regulation 57—
(a) in the heading, for  “another” substitute “
                    an
                  ”;
(b) in paragraph (1)—
(i) for  “another” substitute “
                        an
                      ”;
(ii) omit  “, pursuant to Article 7(1) or (2) of the Directive,”;
(iii) omit  “, in accordance with Article 7(4) of the Directive”; and
(iv) in sub-paragraph (b), omit  “pursuant to Article 7(3)(b) of the Directive”; and
(c) in paragraph (2)—
(i) in sub-paragraph (b), for  “competent authority in the relevant EEA State” substitute “
                        authority in the relevant EEA State which that state has designated as responsible for performing the duties arising from the Directive
                      ”; and
(ii) in sub-paragraph (c), for the words from  “competent authority” to the end substitute “
                        authority in the relevant EEA State which that state has designated as responsible for performing the duties arising from the Directive
                      ”.
(13) In Schedule 1, in paragraphs 21 and 22, after  “pursuant to” in both places it occurs, insert “
                Chapter 3 of Part 1 of the Energy Act 2008 and any law which implemented
              ”.
(14) In Schedule 2, in the table in paragraph 2, in item 3(j), after  “pursuant to” insert “
                Chapter 3 of Part 1 of the Energy Act 2008 and any law which implemented
              ”.
(15) In Schedule 3, in paragraph 2(c)(vi), for  “Union legislation” substitute “
                retained EU law
              ”.
(16) In Schedule 4—
(a) in paragraph 5, for the words from  “at European Union or Member State level” to the end substitute “
                    at European Union level as they were immediately before  IP completion day  (including in particular those established under Council Directive 92/43/EEC and Directive 2009/147/EC) or at national level,
                  ”; and
(b) in paragraph 8—
(i) for  “European Union legislation such as” substitute “
                        retained EU law such as any law which implemented
                      ”; and
(ii) after  “requirements of” insert “
                        any law which implemented
                      ”.
(17) In Schedule 5, in paragraph 17(a), for  “another” substitute “
                an
              ”.
(18) In Schedule 6, in paragraph 20(b), for  “another” substitute “
                an
              ”.
Julie James

Minister for Housing and Local Government, one of the Welsh Ministers
