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Environmental Protection Act 1990
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Changes over time for: Paragraph 3
Version Superseded: 01/04/1996
Alternative versions:
- 01/02/1991- Amendment
- 07/08/1991
Point in time - 01/04/1996- Amendment
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Point in time view as at 07/08/1991. This version of this provision has been superseded.
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Environmental Protection Act 1990, Paragraph 3 is up to date with all changes known to be in force on or before 11 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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3(1)The Secretary of State may give directions to the enforcing authority requiring that any particular application or any class of applications for an authorisation shall be transmitted to him for determination pending a further direction under sub-paragraph (5) below.
(2)The enforcing authority shall inform the applicant of the fact that his application is being transmitted to the Secretary of State.
(3)Where an application for an authorisation is referred to him under sub-paragraph (1) above the Secretary of State may—
(a)cause a local inquiry to be held in relation to the application; or
(b)afford the applicant and the authority concerned an opportunity of appearing before and being heard by a person appointed by the Secretary of State;
and he shall exercise one of the powers under this sub-paragraph in any case where, in the manner prescribed by regulations made by the Secretary of State, a request is made to be heard with respect to the application by the applicant or the local enforcing authority concerned.
(4)Subsections (2) to (5) of section 250 of the M1Local Government Act 1972 (supplementary provisions about local inquiries under that section) or, in relation to Scotland, subsections (2) to (8) of section 210 of the M2Local Government (Scotland) Act 1973 (which make similar provision) shall, without prejudice to the generality of subsection (1) of either of those sections, apply to inquiries in pursuance of sub-paragraph (3) above as they apply to inquiries in pursuance of either of those sections and, in relation to England and Wales, as if the reference to a local authority in subsection (4) of the said section 250 included a reference to the enforcing authority.
(5)The Secretary of State shall, on determining any application transferred to him under this paragraph, give to the enforcing authority such a direction as he thinks fit as to whether it is to grant the application and, if so, as to the conditions that are to be attached to the authorisation.
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