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There are currently no known outstanding effects for the The Conservation (Natural Habitats, &c.) Regulations 1994, Section 85.
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85.—(1) Regulations 48 and 49 (requirement to consider effect on European site) apply in relation to the giving of consent under—
(a)Chapter II of Part III to the Water Resources Act 1991(1) (control of pollution of water resources), F1...
F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where in such a case the competent authority consider that any adverse effects of the plan or project on the integrity of a European site would be avoided by making any consent subject to conditions, they may give consent, or cause it to be given, subject to those conditions.
(3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any such consent as is mentioned in paragraph (1).
(4) Where on the review of such a consent the competent authority consider 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 activities authorised by it would be avoided by a variation of the consent, they may vary it, or cause it to be varied, accordingly.
Extent Information
E1This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F1Reg. 85(1)(b) and word omitted (S.) (15.2.2007) by virtue of The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), regs. 2, 21
Commencement Information
I1Reg. 85 in force at 30.10.1994, see reg. 1(2)
85.—(1) Regulations 48 and 49 (requirement to consider effect on [F2European sites in Great Britain and European offshore marine sites]) apply in relation to the giving of consent under—
(a)Chapter II of Part III to the Water Resources Act 1991(1) (control of pollution of water resources) [F3.]
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where in such a case the competent authority consider that any adverse effects of the plan or project on the integrity of a European site [F5 or European offshore marine site] would be avoided by making any consent subject to conditions, they may give consent, or cause it to be given, subject to those conditions.
(3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any such consent as is mentioned in paragraph (1).
(4) Where on the review of such a consent the competent authority consider that any adverse effects on the integrity of a European site [F6or European offshore marine site] of the carrying out or, as the case may be, the continuation of the activities authorised by it would be avoided by a variation of the consent, they may vary it, or cause it to be varied, accordingly.
Extent Information
E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F2Words in reg. 85(1) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(50)(a)(i) (with reg. 9)
F3Reg. 85(1)(a): full stop substituted word (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(50)(a)(ii) (with reg. 9)
F4Reg. 85(1)(b) omitted (E.W.) (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(50)(a)(iii) (with reg. 9)
F5Words in reg. 85(2) inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(50)(b) (with reg. 9)
F6Words in reg. 85(4) inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(50)(c) (with reg. 9)
Commencement Information
I2Reg. 85 in force at 30.10.1994, see reg. 1(2)
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