Which environmental impact assessment rules apply to projects on land, at sea, or both.
Contents
Introduction
A significant infrastructure project (SIP) may be subject to the Environmental Impact Assessment (EIA) process.
The requirements are set out in the:
- The Marine Works (Environmental Impact Assessment) Regulations 2007
- The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017.
These regulations have been amended by the Infrastructure (Wales) Act 2024 (Consequential Provision) (Wales) Regulations 2025 so that they are applicable to the new regime.
This guidance covers the application of the two sets of regulations to SIP projects.
Application on land or in the sea
The SIP process applies two sets of regulations that cover two areas. The Marine Works (Environmental Impact Assessment) Regulations 2007 apply in the territorial sea and The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 apply on land. Where a project is geographically limited to one area, the relevant regulations should be followed.
The scope of the project for the purposes of EIA will determine the regulations that apply. The environment likely to be significantly affected by the development may extend beyond the geographical area of the regulations. These effects should be covered in the environmental statement.
Application on both the land and the sea
The scope of the project may extend beyond a single area. Where this occurs the intention is to apply Regulation 10 of the Marine Works (Environmental Impact Assessment) Regulations 2007. This Regulation enables the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 to cover the entire scope of a project, including the part of the project that extends into the territorial sea.
PEDW will indicate it is using this provision so that it is clear the processes set out in the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 are being followed for an application. This will provide certainty for all stakeholders. The assessment will need to cover the full scope of the project and the environment likely to be significantly affected by the development.
Where the environmental statement does not provide for the full scope of the project regulation 10 is not applicable. This would mean that both sets of EIA regulations would apply. This would mean the procedures in both regulations would be applicable for the development.
Applicants are advised to engage early where a project may extend beyond a single geographical area.