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12 | Legal challenges relating to national policy statements |
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(1) | A court may entertain proceedings for questioning a national policy statement |
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or anything done, or omitted to be done, by the Secretary of State in the course |
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of preparing such a statement only if— |
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(a) | the proceedings are brought by a claim for judicial review, and |
| 5 |
(b) | the claim form is filed during the period of 6 weeks beginning with— |
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(i) | the day on which the statement is designated as a national |
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policy statement for the purposes of this Act, or |
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(ii) | (if later) the day on which the statement is published. |
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(2) | A court may entertain proceedings for questioning a decision of the Secretary |
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of State not to review a national policy statement only if— |
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(a) | the proceedings are brought by a claim for judicial review, and |
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(b) | the claim form is filed during the period of 6 weeks beginning with the |
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day of the decision not to review the statement. |
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(3) | A court may entertain proceedings for questioning a decision of the Secretary |
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of State to review a national policy statement only if— |
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(a) | the proceedings are brought by a claim for judicial review, and |
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(b) | the claim form is filed during the period of 6 weeks beginning with the |
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day on which the Secretary of State complies with section 6(2) in |
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relation to the review concerned. |
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(4) | A court may entertain proceedings for questioning anything done, or omitted |
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to be done, by the Secretary of State in the course of reviewing a national policy |
| |
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(a) | the proceedings are brought by a claim for judicial review, and |
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(b) | the claim form is filed during the period of 6 weeks beginning with the |
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day on which the Secretary of State complies with section 6(2) in |
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relation to the review concerned. |
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(5) | A court may entertain proceedings for questioning anything done by the |
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Secretary of State under section 6(2) after completing a review of a national |
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policy statement only if— |
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(a) | the proceedings are brought by a claim for judicial review, and |
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(b) | the claim form is filed during the period of 6 weeks beginning with the |
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day on which the thing concerned is done. |
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(6) | A court may entertain proceedings for questioning a decision of the Secretary |
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of State as to whether or not to suspend the operation of all or part of a national |
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policy statement under section 10 only if— |
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(a) | the proceedings are brought by a claim for judicial review, and |
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(b) | the claim form is filed during the period of 6 weeks beginning with the |
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|
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Nationally significant infrastructure projects |
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13 | Nationally significant infrastructure projects: general |
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(1) | In this Act “nationally significant infrastructure project” means a project which |
| 5 |
consists of any of the following— |
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(a) | the construction or extension of a generating station; |
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(b) | the installation of an electric line above ground; |
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(c) | development relating to underground storage of gas; |
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(d) | the construction of a pipe-line; |
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(e) | the construction of a highway; |
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(f) | the construction or extension of an airport; |
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(g) | the construction or extension of harbour facilities; |
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(h) | the construction of a railway; |
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(i) | the construction of a rail freight interchange; |
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(j) | the construction or extension of a dam or reservoir; |
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(k) | development relating to the transfer of water resources; |
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(l) | the construction of a waste water treatment plant; |
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(m) | the construction of a hazardous waste facility. |
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(2) | Subsection (1) is subject to sections 14 to 26. |
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(3) | The Secretary of State may by order— |
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(a) | amend subsection (1) to add a new type of project or vary or remove an |
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existing type of project; |
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(b) | make further provision, or amend or repeal existing provision, about |
| |
the types of project which are, and are not, within subsection (1). |
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(4) | An order under subsection (3)(b) may amend this Act. |
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(5) | The power conferred by subsection (3) may be exercised to add a new type of |
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project to subsection (1) only if a project of the new type is a project for the |
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carrying out of works in England in the field of— |
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(1) | The construction or extension of a generating station is within section 13(1)(a) |
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only if the generating station is or (when constructed or extended) will be |
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within subsection (2) or (3). |
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(2) | A generating station is within this subsection if— |
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|
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|
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|
(a) | it is in England or Wales, |
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(b) | it is not an offshore generating station, and |
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(c) | its capacity is more than 50 megawatts. |
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(3) | A generating station is within this subsection if— |
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(a) | it is an offshore generating station, and |
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(b) | its capacity is more than 100 megawatts. |
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(4) | An “offshore” generating station is a generating station that is— |
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(a) | in waters in or adjacent to England or Wales between the mean low |
| |
water mark and the seaward limits of the territorial sea, or |
| |
(b) | in a Renewable Energy Zone, except any part of a Renewable Energy |
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Zone in relation to which the Scottish Ministers have functions. |
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(1) | The installation of an electric line above ground is within section 13(1)(b) only |
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if (when installed) the electric line will be— |
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(c) | partly in England and partly in Wales, or |
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(d) | partly in England and partly in Scotland, subject to subsection (2). |
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(2) | In the case of an electric line falling within subsection (1)(d), the installation of |
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the line above ground is within section 13(1)(b) only to the extent that (when |
| 20 |
installed) the line will be in England. |
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(3) | The installation of an electric line above ground is not within section 13(1)(b)— |
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(a) | if the line has a nominal voltage not exceeding 20 kilovolts and is used |
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or intended to be used for supplying a single consumer, or |
| |
(b) | to the extent that the line is or (when installed) will be within premises |
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in the occupation or control of the person responsible for its |
| |
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(4) | “Premises” includes any land, building or structure. |
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16 | Underground gas storage |
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(1) | Development relating to underground storage of gas is within section 13(1)(c) |
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only if the development is within subsection (2) or (3). |
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(2) | Development is within this subsection if— |
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(a) | it is the carrying out of operations for the purpose of creating facilities |
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for the underground storage of gas in England, or |
| |
(b) | it is starting to use strata in England for the underground storage of gas. |
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(3) | Development is within this subsection if— |
| |
(a) | it is starting to use natural porous strata in Wales for the underground |
| |
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(b) | the proposed developer is a gas transporter. |
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(4) | “Gas transporter” has the same meaning as in Part 1 of the Gas Act 1986 (c. 44) |
| 40 |
(see section 7(1) of that Act). |
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|
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|
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|
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(1) | The construction of a pipe-line is within section 13(1)(d) only if the pipe-line is |
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or (when constructed) will be— |
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(a) | a cross-country pipe-line, |
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(b) | a pipe-line the construction of which would (but for section 29(1) of this |
| 5 |
Act) require authorisation under section 1(1) of the Pipe-lines Act 1962 |
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(c. 58) (cross-country pipe-lines not to be constructed without |
| |
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(c) | within subsection (2). |
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(2) | A pipe-line is within this subsection if one end of it is in England or Wales |
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(a) | the other end of it is in England or Wales, or |
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(b) | it is an oil or gas pipe-line and the other end of it is in Scotland. |
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(3) | For the purposes of section 13(1)(d) and the previous provisions of this section, |
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the construction of a diversion to a pipe-line is treated as the construction of a |
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| |
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(a) | the pipe-line to be diverted is itself a nationally significant pipe-line, |
| |
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(b) | the length of the pipe-line which is to be diverted has not been |
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| the construction of the diversion is treated as the construction of a cross- |
| |
country pipe-line, whatever the length of the diversion. |
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(5) | A “nationally significant pipe-line” is a pipe-line the construction of which has |
| |
been authorised by development consent. |
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(6) | “Diversion” means a lateral diversion of a length of a pipe-line (whether or not |
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that pipe-line has been constructed) where the diversion is beyond the |
| |
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(7) | The permitted limits are the limits of lateral diversion permitted by any of the |
| |
following granted in respect of the construction of the pipe-line— |
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(b) | authorisation under the Pipe-lines Act 1962; |
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(1) | The construction of a highway is within section 13(1)(e) only if— |
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(a) | the highway will (when constructed) be in England, |
| |
(b) | the Secretary of State will be the highway authority for the highway, |
| |
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(c) | the highway is proposed to be (or to be part of) a highway of a type |
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| |
(2) | The types of highway are— |
| |
| |
|
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|
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|
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(c) | a highway the construction of which is a project in respect of which the |
| |
Secretary of State is required to publish an environmental statement |
| |
under section 105A(3) of the Highways Act 1980 (c. 66). |
| |
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(1) | The construction of an airport is within section 13(1)(f) only if (when |
| |
constructed) the airport— |
| |
(a) | will be in England, and |
| |
(b) | will be capable of providing air passenger transport services for at least |
| |
10 million passengers per year. |
| 10 |
(2) | “Extension”, in relation to an airport, includes— |
| |
(a) | the construction or extension of a runway at the airport, or |
| |
(b) | the construction or extension of a building at the airport. |
| |
(3) | An extension of an airport is within section 13(1)(f) only if— |
| |
(a) | the airport is in England, and |
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(b) | the effect of the extension will be to increase by at least 10 million |
| |
people per year the number of passengers for whom the airport is |
| |
capable of providing air passenger transport services. |
| |
(4) | “Air passenger transport services” means services for the carriage by air of |
| |
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(1) | The construction or extension of harbour facilities is within section 13(1)(g) |
| |
only if the harbour facilities will (when constructed or extended) be capable of |
| |
handling the embarkation or disembarkation of at least the relevant quantity |
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(2) | “The relevant quantity” is— |
| |
(a) | in the case of facilities for container ships, 500,000 TEU; |
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(b) | in the case of facilities for ro-ro ships, 250,000 units; |
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(c) | in the case of facilities for cargo ships of any other description, 5 million |
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“cargo ship” means a ship which is used for carrying cargo; |
| |
“container ship” means a cargo ship which carries all or most of its cargo |
| |
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“ro-ro ship” means a ship which is used for carrying wheeled cargo; |
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“TEU” means a twenty-foot equivalent unit; |
| |
“unit” in relation to a ro-ro ship means any item of wheeled cargo |
| |
(whether or not self-propelled). |
| |
| |
(1) | The construction of a railway is within section 13(1)(h) only if (when |
| 40 |
constructed) the railway will be— |
| |
(a) | wholly in England, and |
| |
|
| |
|
| |
|
(b) | part of the railway network. |
| |
(2) | “Network” has the meaning given by section 83(1) of the Railways Act 1993 |
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22 | Rail freight interchanges |
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(1) | The construction of a rail freight interchange is within section 13(1)(i) only if |
| 5 |
(when constructed) each of the conditions in subsections (2) to (6) will be met |
| |
| |
(2) | The land on which the rail freight interchange is situated must— |
| |
| |
(b) | be at least 60 hectares in area. |
| 10 |
(3) | The rail freight interchange must be capable of handling— |
| |
(a) | consignments of goods from more than one consignor and to more than |
| |
| |
(b) | at least 4 container trains per day. |
| |
(4) | The rail freight interchange must be part of the railway network in England. |
| 15 |
(5) | The rail freight interchange must include warehouses to which goods can be |
| |
delivered from the railway network in England either directly or by means of |
| |
another form of transport. |
| |
(6) | The rail freight interchange must not be part of a military establishment. |
| |
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“container train” means a train that (ignoring any locomotive) consists of |
| |
items of rolling stock designed to carry goods in containers; |
| |
“military establishment” means an establishment intended for use for |
| |
naval, military or air force purposes or for the purposes of the |
| |
Department of the Secretary of State responsible for defence. |
| 25 |
(8) | The following terms have the meanings given by section 83(1) of the Railways |
| |
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(1) | The construction of a dam or reservoir is within section 13(1)(j) only if— |
| |
(a) | the dam or reservoir (when constructed) will be in England, |
| |
(b) | the construction will be carried out by one or more water undertakers, |
| 35 |
| |
(c) | the volume of water to be held back by the dam or stored in the |
| |
reservoir exceeds 10 million cubic metres. |
| |
(2) | The extension of a dam or reservoir is within section 13(1)(j) only if— |
| |
(a) | the dam or reservoir is in England, |
| 40 |
(b) | the extension will be carried out by one or more water undertakers, and |
| |
|
| |
|
| |
|
(c) | the additional volume of water to be held back by the dam or stored in |
| |
the reservoir as a result of the extension exceeds 10 million cubic |
| |
| |
(3) | “Water undertaker” means a company appointed as a water undertaker under |
| |
the Water Industry Act 1991 (c. 56). |
| 5 |
24 | Transfer of water resources |
| |
(1) | Development relating to the transfer of water resources is within section |
| |
| |
(a) | the development will be carried out in England by one or more water |
| |
| 10 |
(b) | the volume of water to be transferred as a result of the development |
| |
exceeds 100 million cubic metres per year, |
| |
(c) | the development will enable the transfer of water resources— |
| |
(i) | between river basins in England, |
| |
(ii) | between water undertakers’ areas in England, or |
| 15 |
(iii) | between a river basin in England and a water undertaker’s area |
| |
| |
(d) | the development does not relate to the transfer of drinking water. |
| |
| |
“river basin” means an area of land drained by a river and its tributaries; |
| 20 |
“water undertaker” means a company appointed as a water undertaker |
| |
under the Water Industry Act 1991; |
| |
“water undertaker’s area” means the area for which a water undertaker is |
| |
appointed under that Act. |
| |
| 25 |
25 | Waste water treatment plants |
| |
(1) | The construction of a waste water treatment plant is within section 13(1)(l) only |
| |
if the treatment plant (when constructed)— |
| |
(a) | will be in England, and |
| |
(b) | will have a capacity exceeding a population equivalent of 150,000. |
| 30 |
(2) | “Waste water” includes domestic waste water, industrial waste water and |
| |
| |
(3) | The following terms have the meanings given by regulation 2(1) of the Urban |
| |
Waste Water Treatment (England and Wales) Regulations 1994 (S.I. 1994/ |
| |
| 35 |
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“industrial waste water”; |
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|