Application to court by person aggrieved12

1

On the application of any person aggrieved by—

a

the grant of a pipe-line construction authorisation in respect of relevant pipe-line works, or

b

the attaching by the Secretary of State, for reasons arising from his consideration of the environmental statement submitted by the applicant, of a condition to the permission deemed to be granted in respect of relevant pipe-line works under a direction by the Secretary of State under section 5 of the 1962 Act,

the court may grant an order quashing the authorisation or, as the case may be, the condition where it is satisfied that the authorisation was granted or the condition attached, as the case may be, in contravention of regulation 3(2)(b) above or that the interests of the person applying to the court have been substantially prejudiced by any contravention of any other requirement of these Regulations.

2

An application to the court under this regulation shall be made no later than 6 weeks after the date of last publication by the applicant of details of the Secretary of State’s decision in respect of the EIA application in question in accordance with regulation 3(5) above.

3

The court may by interim order, pending the determination of any question referred to in paragraph (1) above, stay the operation of the authorisation or, as the case may be, any condition of the kind referred to in paragraph (1)(b) above on such terms as it may think fit.