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The Conservation of Offshore Marine Habitats and Species Regulations 2017
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Agreement to plan or project: England and Northern IrelandU.K.
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30.—(1) Where a competent authority in England or in Northern Ireland proposes to agree to a plan or project under regulation 29 notwithstanding a negative assessment of the implications for a European offshore marine site or a European site—
(a)it must notify the Secretary of State; and
(b)it must not agree to the plan or project before the end of the period of 21 days beginning with the day notified to it by the Secretary of State as that on which the authority's notification was received by the Secretary of State, unless the Secretary of State authorises the authority to do so under paragraph (2)(b).
(2) In any case within paragraph (1), the Secretary of State may—
(a)at any time before the competent authority has agreed to the plan or project in question, give a direction to the competent authority prohibiting it from agreeing to the plan or project, either indefinitely or during such period as may be specified in the direction; or
(b)authorise the competent authority to agree to the plan or project subject to such conditions or restrictions as may be specified in the authorisation.
(3) The Secretary of State may amend or revoke a direction or authorisation under paragraph (2) at any time before the competent authority has agreed to the plan or project in question.
Modifications etc. (not altering text)
C1Regs. 30-37 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))
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