SCHEDULES

SCHEDULE 9 PRESERVATION OF AMENITY AND FISHERIES.

Preservation of amenity: England and Wales

1

1

In formulating any relevant proposals, a licence holder or a person authorised by exemption to generate or supply electricity—

a

shall have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest and of protecting sites, buildings and objects of architectural, historic or archeological interest; and

b

shall do what he reasonably can to mitigate any effect which the proposals would have on the natural beauty of the countryside or on any such flora, fauna, features, sites, buildings or objects.

2

In considering any relevant proposals for which his consent is required under section 36 or 37 of this Act, the Secretary of State shall have regard to—

a

the desirability of the matters mentioned in paragraph (a) of sub-pargaraph (1) above; and

b

the extent to which the person by whom the proposals were formulated has complied with his duty under paragraph (b) of that sub-paragraph.

3

In this paragraph—

  • “building” includes structure;

  • “relevant proposals” means any proposals—

    1. a

      for the construction or extension of a generating station of a capacity not less than 10 megawatts, or for the opreation of such a station in a different manner;

    2. b

      for the installation (whether above or below ground) of an electric line; or

    3. c

      for the execution of any other works for or in connection with the transmission or supply of electricity.

4

The Secretary of State may by order provide that sub-paragraph (3) above shall have effect as if for the capacity mentioned in paragraph (a) there were substituted such other capacity as may be specified in the order.

5

This paragraph and paragraph 2 below extend to England and Wales only.

2

1

A licence holder shall within twelve months from the grant of his licence prepare, and from time to time modify, a statement setting out the manner in which he proposes to perform his duty under paragraph 1(1) above, including in particular the consultation procedures which he intends to follow.

2

Before preparing or modifying a statement under this paragraph, a licence holder shall consult the F1Countryside Agency,

F2and—

a

where the activities which he is authorised by his licence to carry on include activities in England, F3English Nature and the Historic Buildings and Monuments Commission for England; and

b

where those activities include activities in Wales, the Countryside Council for Wales and the Historic Buildings Council for Wales.

3

As soon as practicable after preparing or modifying a statement under this paragraph, the licence holder shall publish the statement as so prepared or so modified in such manner as he considers appropriate.