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The Conservation (Natural Habitats, &c.) Regulations 1994
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Changes over time for: Section 79
Version Superseded: 01/04/2010
Alternative versions:
- 30/10/1994- Amendment
- 21/08/2007- Amendment
- 21/08/2007
Point in time - 01/04/2010- Amendment
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Orders under the Transport and Works Act 1992: application of general requirementsS
79.—(1) Regulations 48 and 49 (requirement to consider effect on Europeamn site) apply in relation to the making of an order under section 1 or 3 of the Transport and Works Act 1992(1).
(2) Where in such a case the Secretary of State considers that any adverse effects of the plan or project on the integrity of a European site would be avoided by making modifications to the proposals, he may make an order subject to those modifications.
(3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to an order under section 1 or 3 of the Transport and Works Act 1992 unless the works to which the order relates have been completed before the site became a European site.
(4) Where on the review of such an order the Secretary of State considers that any adverse effects on the integrity of a European site of the carrying out or, as the case may be, the continuation of the plan or project would be avoided by a variation of the order, he may vary it accordingly.
(5) In conjunction with the review of any such order the Secretary of State shall review any direction deeming planning permission to be granted for the plan or project and may vary or revoke it.
Commencement Information
I1Reg. 79 in force at 30.10.1994, see reg. 1(2)
Orders under the Transport and Works Act 1992: application of general requirementsE+W
79.—(1) Regulations 48 and 49 (requirement to consider effect on [F1European sites in Great Britain and European offshore marine sites]) apply in relation to the making of an order under section 1 or 3 of the Transport and Works Act 1992(1).
(2) Where in such a case the Secretary of State considers that any adverse effects of the plan or project on the integrity of a European site [F2or European offshore marine site] would be avoided by making modifications to the proposals, he may make an order subject to those modifications.
(3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to an order under section 1 or 3 of the Transport and Works Act 1992 unless the works to which the order relates have been completed before the site became a European site [F3or a European offshore marine site].
(4) Where on the review of such an order the Secretary of State considers that any adverse effects on the integrity of a European site [F4or European offshore marine site] of the carrying out or, as the case may be, the continuation of the plan or project would be avoided by a variation of the order, he may vary it accordingly.
(5) In conjunction with the review of any such order the Secretary of State shall review any direction deeming planning permission to be granted for the plan or project and may vary or revoke it.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1Words in reg. 79(1) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(43)(a) (with reg. 9)
F2Words in reg. 79(2) inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(43)(b) (with reg. 9)
F3Words in reg. 79(3) inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(43)(c) (with reg. 9)
F4Words in reg. 79(4) inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(43)(d) (with reg. 9)
Commencement Information
I2Reg. 79 in force at 30.10.1994, see reg. 1(2)
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