The Great Yarmouth Third River Crossing Development Consent Order 2020

PART 3 E+W+S PROCEDURE FOR THE DISCHARGE OF CONDITIONS

Meaning of “return” E+W+S

16.  In this Part, “ return” means a submission by the licence holder for approval by the MMO of any method statement or plan under conditions 119, 121 and 123.

Commencement Information

I1 Sch. 13 para. 16 in force at 15.10.2020, see art. 1

Further information regarding application E+W+S

17.—(1) The MMO may request in writing such further information from the licence holder as is necessary to enable the MMO to consider the return.

(2) If the MMO does not make a request under sub-paragraph (1) within 30 business days of the day immediately following that on which the return is received by the MMO, it is deemed to have sufficient information to consider the return and is not entitled to request further information after this date without the prior agreement of the licence holder.

Commencement Information

I2 Sch. 13 para. 17 in force at 15.10.2020, see art. 1

Determination of application E+W+S

18.—(1) In determining the return, the MMO may have regard to—

(a) the return and any supporting information or documentation;

(b) any further information provided by the licence holder in accordance with paragraph 131; and

(c) such other matters as the MMO thinks relevant.

(2) Having considered the return, the MMO must—

(a) grant the return unconditionally; or

(b) grant the return subject to the conditions the MMO thinks fit; or

(c) refuse the return.

(3) In determining return, the MMO may discharge its obligations under sub-paragraph (2)(a), (b), or (c) separately in respect of a part of the return only, where it is reasonable to do so.

Commencement Information

I3 Sch. 13 para. 18 in force at 15.10.2020, see art. 1

Notice of determination E+W+S

19.—(1) Subject to sub-paragraphs (2) and (3), the MMO must give notice to the licence holder of the determination of the return within 13 weeks from the day immediately following that on which the return is received by the MMO, or as soon as reasonably practicable after that date.

(2) Where the MMO has made a request under paragraph 131, the MMO must give notice to the licence holder of the determination of the return within 13 weeks from the day immediately following that on which the further information is received by the MMO, or as soon as reasonably practicable after that date.

(3) Where the MMO determines it is not reasonably practicable to make a determination pursuant to sub-paragraph (1) or (2) in 13 weeks, it must notify the licence holder as soon as reasonably practicable and provide confirmation in writing of the intended determination date.

(4) Where the MMO refuses the return the refusal notice must state the reasons for the refusal.

Commencement Information

I4 Sch. 13 para. 19 in force at 15.10.2020, see art. 1

No subsidiary dredging under the Order E+W+S

20.  Unless otherwise agreed in writing with the MMO, this licence does not permit any subsidiary works and operations to be carried out under article 49(1)(b) (subsidiary works and operations in the river Yare) of the Order.

Commencement Information

I5 Sch. 13 para. 20 in force at 15.10.2020, see art. 1

Anticipatory steps towards the discharge of any condition E+W+S

21.  If before the coming into force of this Order the licence holder or any other person has taken any steps that were intended to be steps towards the discharge of any condition in Part 2 of this Schedule, those steps may be taken into account for the purposes of determining compliance with that condition if they would have been valid steps for that purpose had they been taken after this Order came into force.

Commencement Information

I6 Sch. 13 para. 21 in force at 15.10.2020, see art. 1