Textual Amendments
F1Sch. 1 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)
1(1)In formulating any relevant proposals, a licence holder or a person authorised by exemption to [F2generate, [F3distribute, supply or participate in the transmission of] electricity]—E+W
(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—
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;
for the installation (whether above or below ground) of an electric line; or
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.
Textual Amendments
F2Words in Sch. 9 para. 1(1) substituted (1.10.2001) by S.I. 2001/3264, art. 6
F3Words in Sch. 9 para. 1(1) substituted (1.9.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 19 para. 16; S.I. 2004/2184, art. 2(2), Sch. 2
Modifications etc. (not altering text)
C1Sch. 9 para. 1(2) modified (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 12(5)(b), 324(3); S.I. 2010/298, art. 2, Sch. para. 4 (with art. 4(1))
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.E+W
(2)Before preparing or modifying a statement under this paragraph, a licence holder shall consult the [F4Countryside Agency],
[F5and—
(a)where the activities which he is authorised by his licence to carry on include activities in England, [F6 Natural England ] 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 [F7National Assembly] 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.
Textual Amendments
F4Words in Sch. 9 para. 2 substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 13
F5Words in Sch. 9 para. 2(2) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 16(a); S.I. 1991/685, art. 3
F6Words in Sch. 9 para. 2(2) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 115(b); S.I. 2006/2541, art. 2 (with Sch.)
F7Words in Sch. 9 para. 2(2)(b) substituted (1.4.2006) by The Historic Buildings Council for Wales (Abolition) Order 2006 (S.I. 2006/63), arts. 1(2), 3(4)