28

1

This paragraph applies if an objection to the proposal was made to the proposing authority and has not been withdrawn.

2

This paragraph does not apply if—

a

the proposing authority decides that the proposal is not to proceed further,

b

the proposing authority considers that the objection is frivolous or trivial,

c

the objection does not specify the grounds on which it is made, or

d

the objection was not made within the period allowed for making it.

3

Before deciding the application under paragraph 29, the proposing authority may—

a

cause an inquiry to be held, or

b

give to the person who made the objection an opportunity of appearing before, and being heard by, a person appointed by the proposing authority.

4

If the objection was made by the Welsh Ministers to the Secretary of State, the Secretary of State must cause an inquiry to be held under sub-paragraph (3)(a).

5

Where—

a

the objection was made by a person within sub-paragraph (6), and

b

that person makes a request in writing to the proposing authority that the objection be referred to an inquiry or dealt with in accordance with sub-paragraph (3)(b),

the proposing authority must either cause an inquiry to be held under sub-paragraph (3)(a) or cause the objection to be dealt with in accordance with sub-paragraph (3)(b), as the proposing authority may determine.

6

The persons within this sub-paragraph are—

a

any local authority for an area in which the harbour (or any part of it) is situated, and

b

the relevant conservation body.

7

Where an objector is heard in accordance with sub-paragraph (3)(b), the proposing authority must allow such other persons as the proposing authority thinks appropriate to be heard on the same occasion.

8

In this paragraph—

• “local authority” has the same meaning as in paragraph 18;

• “the proposing authority” means—

  1. a

     the Secretary of State, in a case where it is the Secretary of State who proposes to make a harbour revision order;

  2. b

     the Welsh Ministers, in a case where it is the Welsh Ministers who propose to make a harbour revision order;

• “the relevant conservation body” has the same meaning as in paragraph 18.