8E+W+SReferences in this Schedule to cases of controlled operations for which planning permission or a statutory licence to abstract water is required but has not been granted are references to cases where the planning permission or, as the case may be, the statutory licence to abstract water has not been granted, or has not been granted in the form required for the carrying out of the controlled operations.
[F18AE+W+SIn this Schedule, “the appropriate agency” means—
(a)in relation to England, the Environment Agency;
(b)in relation to Wales, the Natural Resources Body for Wales.]
Textual Amendments
F1Sch. 3 para. 8A inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 38(5) (with Sch. 7)
9E+W+SIn the application of this Schedule to Scotland—
(a)for any reference to [F2section 120 of the Town and Country Planning Act 1990] there shall be substituted a reference to [F3section 135 of the Town and Country Planning (Scotland) Act 1972]; for any reference to [F4Part V of the said Act of 1990] there shall be substituted a reference to [F5Part VII of the said Act of 1972]; and for any reference to [F6sections 80 and 81 of the said Act of 1990] there shall be substituted references to [F7sections 35 and 36 of the said Act of 1972];
(b)for paragraphs 4 to 6 there shall be substituted the following paragraphs:—
“4(1)At any time after an application has been made for the consent of [F8the Secretary of State]to the carrying out of any controlled operations for which a statutory right to take water is required but has not been granted any person concerned may apply to the Secretary of State for a certificate under this Schedule as respects those controlled operations.
(2)On receiving any such application the Secretary of State shall serve a copy of the application on the gas authority.
(3)Before coming to his decision on the application the Secretary of State shall, if the applicant or the [F9public gas supplier]so desires, afford to them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
5(1)Where the Secretary of State decides to grant an application he shall issue to the applicant a certificate stating that the statutory right to take water required for carrying out of the controlled operations could reasonably have been expected to have been granted if the land had not been comprised in the storage area or protective area.
(2)Where, in the opinion of the Secretary of State, a statutory right to take water might reasonably have been expected to have been granted but would only have been granted subject to conditions, limitations or restrictions, the certificate shall specify those conditions, limitations and restrictions in addition to the other matters required to be contained in the certificate.
(3)On issuing the certificate the Secretary of State shall serve a copy of the certificate on the gas authority.
6In entertaining an application under paragraph 4 of this Schedule the Secretary of State shall, in coming to a decision, apply the principles which would have been applied if the application had been an application for an order approving an agreement to take water under section [F1017(1)]of the Water (Scotland) Act [F111980].”
Textual Amendments
F2Words substituted by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 12(3)(c)
F3Words substituted by Town and Country Planning Act (Scotland) Act 1972 (c. 52, SIF 123:2), Sch. 21 Pt. II
F4Words substituted by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 12(3)(c)
F5Words substituted by Town and Country Planning Act (Scotland) Act 1972 (c. 52, SIF 123:2), Sch. 21 Pt. II
F6Words substituted by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 12(3)(c)
F7Words substituted by Town and Country Planning Act (Scotland) Act 1972 (c. 52, SIF 123:2), Sch. 21 Pt. II
F8Words substituted by virtue of S.I. 1969/1498, arts. 2(1), 5(6), 1970/1537, arts. 2(2), 7(4) and 1974/692, arts. 2(3), 5(3)
F9Words substituted by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(2), Sch. 8 para. 33
F10Word substituted (S.) by Water (Scotland) Act 1980 (c. 45, SIF 130), s. 112(1), Sch. 10 Pt. II
F11Word substituted (S.) by Water (Scotland) Act 1980 (c. 45, SIF 130), s. 112(1), Sch. 10 Pt. II