The Environmental Assessment of Plans and Programmes (Wales) Regulations 2004

Regulations 9(2)(a) and 10(4)(a)

SCHEDULE 1 E+W CRITERIA FOR DETERMINING THE LIKELY SIGNIFICANCE OF EFFECTS ON THE ENVIRONMENT

1.  The characteristics of plans and programmes, having regard, in particular, to— E+W

(a) the degree to which the plan or programme sets a framework for projects and other activities, either with regard to the location, nature, size and operating conditions or by allocating resources;

(b) the degree to which the plan or programme influences other plans and programmes including those in a hierarchy;

(c) the relevance of the plan or programme for the integration of environmental considerations in particular with a view to promoting sustainable development;

(d) environmental problems relevant to the plan or programme; and

(e) the relevance of the plan or programme for the implementation of [F1 retained EU law] on the environment.

Textual Amendments

F1 Words in Sch. 1 para. 1(e) substituted (31.12.2020) by The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), regs. 1(2)(3), 2(7); 2020 c. 1, Sch. 5 para. 1(1)

2.  Characteristics of the effects and of the area likely to be affected, having regard, in particular, to the— E+W

(a) probability, duration, frequency and reversibility of the effects;

(b) cumulative nature of the effects;

(c) transboundary nature of the effects;

(d) risks to human health or the environment;

(e) magnitude and spatial extent of the effects (geographical area and size of the population likely to be affected);

(f) value and vulnerability of the area likely to be affected due to —

(i) special natural characteristics or cultural heritage;

(ii) exceeded environmental quality standards or limit values; or

(iii) intensive land-use; and

(g) effects on areas or landscapes which have a recognised national, Community or international protection status.

Regulation 12(3)

SCHEDULE 2 E+W INFORMATION FOR ENVIRONMENTAL REPORTS

1.  An outline of the contents and main objectives of the plan or programme, and of its relationship (if any) with other relevant plans and programmes. E+W

2.  The relevant aspects of the current state of the environment and the likely evolution thereof without implementation of the plan or programme. E+W

3.  The environmental characteristics of areas likely to be significantly affected. E+W

4.  Any existing environmental problems which are relevant to the plan or programme including, in particular, those relating to any areas of a particular environmental importance, such as areas designated [F2 under EU-derived domestic legislation which transposed] Council Directive 79/409/EEC on the conservation of wild birds M1 [F3 or Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds] and the Habitats Directive. E+W

Textual Amendments

F2 Words in Sch. 2 para. 4 substituted (31.12.2020) by The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), regs. 1(2)(3), 2(8)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Sch. 2 para. 4 inserted (7.3.2019) by The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), reg. 1(2)(3), 2(8)(a)(i)

Marginal Citations

M1 O.J. No. L 103/1 25.4.79.

5.  The environmental protection objectives, established at international, Community or [F4 national] level, which are relevant to the plan or programme and the way those objectives and any environmental considerations have been taken into account during its preparation. E+W

Textual Amendments

F4 Word in Sch. 2 para. 5 substituted (31.12.2020) by The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), regs. 1(2)(3), 2(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

6.  The likely significant effects on the environment, including short, medium and long-term effects, permanent and temporary effects, positive and negative effects, and secondary, cumulative and synergistic effects, on issues including— E+W

(a) biodiversity;

(b) population;

(c) human health;

(d) fauna;

(e) flora;

(f) soil;

(g) water;

(h) air;

(i) climatic factors;

(j) material assets;

(k) cultural heritage, including architectural and archaeological heritage;

(l) landscape; and

(m) the inter-relationship between the issues referred to in sub-paragraphs (a) to (l).

7.  The measures envisaged to prevent, reduce and as fully as possible offset any significant adverse effects on the environment of implementing the plan or programme. E+W

8.  An outline of the reasons for selecting the alternatives dealt with, and a description of how the assessment was undertaken including any difficulties encountered in compiling the required information. E+W

9.  A description of the measures envisaged concerning monitoring in accordance with regulation 17. E+W

10.  A non-technical summary of the information provided under paragraphs 1 to 9. E+W