The Lake Lothing (Lowestoft) Third Crossing Order 2020

PART 5 E+W PROCEDURE FOR THE DISCHARGE OF CONDITIONS

Meaning of “application” E+W

20.  In this Part, “ application” means a submission by the licence holder for approval by the MMO of any method statement, plan or samples under conditions 4, 6, 7 and 8.

Commencement Information

I1 Sch. 12 para. 20 in force at 21.5.2020, see art. 1

Further information regarding application E+W

21.  The MMO may request in writing such further information from the licence holder as is necessary to enable the MMO to consider the application.

Commencement Information

I2 Sch. 12 para. 21 in force at 21.5.2020, see art. 1

Determination of application E+W

22.—(1) In determining the application, the MMO may have regard to—

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

(b) any further information provided by the licence holder in accordance with paragraph 11; and

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

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

(a) grant the application unconditionally;

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

(c) refuse the application.

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

Commencement Information

I3 Sch. 12 para. 22 in force at 21.5.2020, see art. 1

Notice of determination E+W

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

(2) Where the MMO has made a request under condition 21, the MMO must give notice to the licence holder of the determination of the application no later than 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 application the refusal notice must state the reasons for the refusal.

Commencement Information

I4 Sch. 12 para. 23 in force at 21.5.2020, see art. 1