- Latest available (Revised)
- Point in Time (23/11/1995)
- Original (As enacted)
No versions valid at: 23/11/1995
Point in time view as at 23/11/1995. This version of this cross heading contains provisions that are not valid for this point in time.
Environment Act 1995, Paragraph 73 is up to date with all changes known to be in force on or before 30 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Valid from 01/04/1996
73(1)Section 39 of that Act (surrender of licences) shall be amended in accordance with the following provisions of this paragraph.E+W+S
(2)In subsection (3) (application for surrender of a site licence) for the words from “in such form” onwards there shall be substituted the words “ on a form provided by the authority for the purpose, giving such information and accompanied by such evidence as the authority reasonably requires and accompanied by the charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995. ”
(3)In subsection (7) (consideration of representations before accepting surrender of a licence)—
(a)for the words “the National Rivers Authority” and “the Authority” there shall be substituted the words “ the appropriate planning authority ”; and
(b)the words following paragraph (b) shall cease to have effect.
(4)Subsection (8) (which makes provision for Scotland in place of subsection (7)) shall cease to have effect.
(5)In subsection (11) (meaning of “the allowed period”) for the words “subsections (7) and (8) above” there shall be substituted the words “ subsection (7) above ”.
(6)After subsection (11) there shall be added—
“(12)In this section—
“the appropriate planning authority” means—
where the relevant land is situated in the area of a London borough council, that London borough council;
where the relevant land is situated in the City of London, the Common Council of the City of London;
where the relevant land is situated in a non-metropolitan county in England, the council of that county;
where the relevant land is situated in a National Park or the Broads, the National Park authority for that National Park or, as the case may be, the Broads Authority;
where the relevant land is situated elsewhere in England or Wales, the council of the district or, in Wales, the county or county borough, in which the land is situated;
where the relevant land is situated in Scotland, the council constituted under section 2 of the M1Local Government etc. (Scotland) Act 1994 for the area in which the land is situated;
“the Broads” has the same meaning as in the M2Norfolk and Suffolk Broads Act 1988;
“National Park authority”, subject to subsection (13) below, means a National Park authority established under section 63 of the Environment Act 1995 which has become the local planning authority for the National Park in question;
“the relevant land”, in the case of any site licence, means the land to which the licence relates.
(13)As respects any period before a National Park authority established under section 63 of the Environment Act 1995 in relation to a National Park becomes the local planning authority for that National Park, any reference in this section to a National Park authority shall be taken as a reference to the National Park Committee or joint or special planning board for that National Park.
(14)The Secretary of State may by regulations amend the definition of “appropriate planning authority” in subsection (12) above.”
Commencement Information
I1Sch. 22 para. 73 partly in force; Sch. 22 para. 73 not in force at Royal Assent see s. 125(3); Sch. 22 para. 73(1)(3)-(6) wholly in force and Sch. 22 para. 73(2) in force for specified purposes at 1.4.1996 by S.I. 1996/186, art. 3; Sch. 22 para. 73(2) in force at 1.4.1998 insofar as not already in force by S.I. 1998/604, art. 2
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Schedule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Schedule you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: