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29. Paragraph 38 of Part 3 of Schedule 1 is amended as follows—
(a)in paragraph 38(1)—
(i)after “commercial operation of the” insert “Project A”;
(ii)after “removal of the” insert “Project A”; and
(iii)after “onshore works (in whole or in part)” insert “and any part of the shared works not required for the commercial operation of Project B”.
(b)after paragraph 38(1) insert—
“(1A) On the cessation of commercial operation of the Project B onshore works (in whole or in part), a scheme for the demolition and removal of the Project B onshore works (in whole or in part) and any part of the shared works not required for the commercial operation of Project A, and the final proposed condition of the relevant land, including a proposed timetable, must be submitted to the relevant planning authority for approval. The proposed scheme must be based on the outline decommissioning statement.”;
(c)in paragraph 38(2) for “The scheme” substitute “Each scheme”; and
(d)after paragraph 38(2) insert—
“(3) References in this requirement to “the shared works” means those elements of the shared works as they relate to Project A or Project B and, for the avoidance of doubt, paragraph (1) of this requirement will not be triggered when Project B ceases commercial operation and paragraph (1A) of this requirement will not be triggered when Project A ceases commercial operation.”.
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