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Environment Act 1995
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- UK Public General Acts
- 1995 c. 25
- SCHEDULE 14
- Reference of applications to...
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Changes over time for: Cross Heading: Reference of applications to the Secretary of State
Version Superseded: 27/05/1997
Alternative versions:
- 01/11/1995- Amendment
- 01/11/1995
Point in time - 27/05/1997- Amendment
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Point in time view as at 01/11/1995.
Changes to legislation:
Environment Act 1995, Cross Heading: Reference of applications to the Secretary of State is up to date with all changes known to be in force on or before 23 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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Reference of applications to the Secretary of StateE+W+S
8(1)The Secretary of State may give directions requiring applications made under paragraph 6 above to any mineral planning authority to be referred to him for determination instead of being dealt with by the authority.
(2)A direction under sub-paragraph (1) above may relate either to a particular application or to applications of a class specified in the direction.
(3)Where an application is referred to the Secretary of State in accordance with a direction under sub-paragraph (1) above—
(a)subject to paragraph (b) below, paragraph 6(5) and (6) above, and paragraph 11 below so far as relating to applications under paragraph 6 above, shall apply, with any necessary modifications, to his determination of the application as they apply to the determination of applications by the mineral planning authority;
(b)before determining the application the Secretary of State must, if either the applicant or the mineral planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose; and
(c)the decision of the Secretary of State on the application shall be final.
Commencement Information
I1Sch. 14 wholly in force at 1.1.1997; Sch. 14 not in force at Royal Assent see s. 125(3); Sch. 14 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 14 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2
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