Regulation 65 Review of existing decisions and consents
United Kingdom
Where before the date on which a site becomes a European site F1, a Ramsar site or a European offshore marine site a competent authority has decided to undertake, or has given any consent, permission or other authorisation for, a plan or project to which regulation 63(1) F2or (1A) would apply if it were to be reconsidered as of that date, the authority must, as soon as reasonably practicable—
review its decision or, as the case may be, the consent, permission or other authorisation; and
affirm, modify or revoke it.
The authority must for that purpose make an appropriate assessment of the implications for the site in view of that site's conservation objectives; and the provisions of regulation 63(2) to (4) and (8) apply, with the appropriate modifications, in relation to such a review.
Subject to the provisions of Chapters 2 to 7, any review required by this regulation must be carried out under existing statutory procedures where such procedures exist, and if none exists, the appropriate authority may give directions as to the procedure to be followed.
Nothing in this regulation affects anything done in pursuance of the decision, or the consent, permission or other authorisation, before the date mentioned in paragraph (1).
Where the plan or project to which this regulation applies was consented to by an examining authority appointed under section 40 of the Infrastructure (Wales) Act 2024, the duties and functions in paragraphs (1) to (3) must be carried out by the Welsh Ministers.
Annotations
Textual amendments
- F1
Words in reg. 65(1) inserted (21.5.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 8(a) (with s. 116); S.I. 2026/549, reg. 3 (with reg. 4)
- F2
Words in reg. 65(1) inserted (21.5.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 8(b) (with s. 116); S.I. 2026/549, reg. 3 (with reg. 4)
- F3
Reg. 65(5) inserted (15.12.2025) by The Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025 (S.I. 2025/1192), regs. 1(2)(b), 13(4)
Notes on Part 6
Modifications
- C1
Pt. 6: power to amend conferred (24.1.2022) by Environment Act 2021 (c. 30), ss. 113, 147(3) (with s. 144); S.I. 2022/48, reg. 2(p)
- C2
Pt. 6: power to disapply or modify conferred (26.12.2023) by Energy Act 2023 (c. 52), ss. 293(4)(5), 334(3)(j) (with s. 293(6))
Notes on General provisions for protection of European sites, European offshore marine sites and certain Ramsar sites
Textual amendments
- F1
Words in reg. 63 cross-heading substituted (21.5.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 5 (with s. 116); S.I. 2026/549, reg. 3 (with reg. 4)