The Environment (Local Nature Recovery Strategies) (Procedure) Regulations 2023

Publication advisory notice

15.—(1) A supporting authority that satisfies the condition in paragraph (2) or paragraph (3) may give a notice (a “publication advisory notice”) to the responsible authority.

(2) The condition in this paragraph is that the supporting authority considers that part of a final local nature recovery strategy cannot be justified based on the results of the consultation undertaken by the responsible authority under regulation 12.

(3) The condition in this paragraph is that the supporting authority considers that the final local nature recovery strategy is materially deficient.

(4) Where this regulation applies, the supporting authority may, before the expiry of 28 days beginning with the date on which the final local nature recovery strategy is given to them under regulation 13(1), give a notice (“a publication advisory notice”) to the responsible authority

(5) A publication advisory notice must—

(a) be in writing;

(b) where paragraph (2) applies, explain why the supporting authority considers that parts of the final local nature recovery strategy cannot be justified based on the results of the consultation undertaken by the responsible authority under regulation 12; and

(c) where paragraph (3) applies, explain why the supporting authority considers that the final local nature recovery strategy is materially deficient.

(6) The supporting authority must give a copy of the publication advisory notice to the Secretary of State within a reasonable time of it being given to the responsible authority.

(7) A responsible authority that receives a publication advisory notice must investigate the matters raised in the notice.

(8) The responsible authority must reply to the supporting authority that gave it the publication advisory notice before the expiry of 28 days beginning with the date on which it received the notice.

(9) A reply to a publication advisory notice must—

(a) be in writing;

(b) set out the results of the responsible authority’s investigation under paragraph (7); and

(c) set out any further steps the responsible authority intends to take, or has taken, in relation to the matters raised in the notice.

(10) A responsible authority must give a copy of its reply to the Secretary of State within a reasonable time of the reply being given to the supporting authority in question.