Energy Act 2004

Objections in other cases U.K.

5 (1) This paragraph applies where— U.K.

(a) the [F1 appropriate Minister] is proposing to issue a safety zone notice without an application having been made; or

(b) the [F1 appropriate Minister], in response to an application but without the holding of a public inquiry, is proposing to issue a safety zone notice in terms that are materially different from those applied for.

(2) The [F1 appropriate Minister] must—

(a) publish notice of the proposal in such manner as he considers appropriate for bringing it, as soon as is reasonably practicable, to the attention of persons likely to be affected by it; and

(b) serve notice of the proposal on such persons as he considers appropriate.

(3) The notice that is published or served must describe, by way of a map—

(a) the place where the relevant renewable energy installation is to be, or is being, constructed, extended, operated or decommissioned; and

(b) the waters in relation to which any declaration proposed will establish a safety zone;

and it must also describe the other provisions that the [F1 appropriate Minister] proposes to include in the safety zone notice.

(4) That notice must also—

(a) state the period within which objections to the proposal may be made; and

(b) the manner in which any objections are to be made.

(5) The period for making objections must not be shorter than the minimum period which would be applicable, in accordance with regulations under paragraph 4, if the notice were being published in respect of an application for a safety zone notice.

(6) Where objections or copies of objections to the proposal have been sent to the [F1 appropriate Minister], he—

(a) must consider those objections, together with all other material considerations, with a view to determining whether a public inquiry should be held with respect to the proposal; and

(b) if he thinks it appropriate to do so, must cause a public inquiry to be held, either in addition to or instead of any other hearing or opportunity of stating objections to the proposal.

Textual Amendments

F1 Words in Sch. 16 substituted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(18), 72(4)(e); S.I. 2017/300, reg. 3

Commencement Information

I1 Sch. 16 para. 5 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2