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| |
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| | paragraphs 2(3) and (4) and 3(3) of Schedule [Power to decline to determine |
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| | applications: amendments]. |
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| | (3) | Before an England-only provision is brought into force— |
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| | (a) | the reference in subsection (1)(a) to the effect an England-only provision |
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| | has is to be read as a reference to the effect the provision would have, if |
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| | |
| | (b) | the reference in subsection (1)(b) to anything the Secretary of State has |
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| | power to do by virtue of an England-only provision is to be read as a |
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| | reference to anything the Secretary of State would have power to do by |
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| | virtue of the provision, if it were in force. |
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| | (4) | The Welsh Ministers may by order make provision for the purpose of reversing |
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| | the effect of any provision made in exercise of the power conferred by subsection |
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| | |
| | (5) | The Secretary of State may make an order in consequence of an order under |
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| | subsection (1) for the purpose of ensuring that an England-only provision |
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| | continues to have (or will when brought into force have) the effect in relation to |
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| | England that it would have had if the order under subsection (1) had not been |
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| | |
| | (6) | An order under this section may amend, repeal, revoke or otherwise modify a |
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| | |
| | |
| | (b) | an instrument made under an Act. |
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| | (7) | The powers of the Welsh Ministers to make orders under this section are |
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| | exercisable by statutory instrument. |
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| | (8) | Those powers include— |
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| | (a) | power to make different provision for different purposes (including |
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| | |
| | (b) | power to make incidental, consequential, supplementary, transitional or |
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| | transitory provision or savings. |
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| | (9) | No order may be made by the Welsh Ministers under this section unless a draft of |
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| | the instrument containing the order has been laid before, and approved by |
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| | resolution of, the National Assembly for Wales.’. |
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| |
| | Wales: transitional provision in relation to blighted land |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | During the transitional period the repeal by PCPA 2004 of paragraphs 1 to 4 of |
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| | Schedule 13 to TCPA 1990 in relation to Wales is subject to subsection (2). |
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| | (2) | That repeal does not affect anything which is required or permitted to be done for |
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| | the purposes of Chapter 2 of Part 6 of TCPA 1990 (interests affected by planning |
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| | proposals: blight) in relation to land falling within any of paragraphs 1, 2, 3 and |
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| | 4 of Schedule 13 to TCPA 1990. |
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| | (3) | The transitional period is the period during which— |
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| | (a) | in the case of land falling within paragraph 1 of Schedule 13 to TCPA |
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| | 1990, a structure plan continues to be or to be comprised in the |
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| | development plan for an area in Wales by virtue of Part 3 of Schedule 5 |
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| |
| |
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| | to the Local Government (Wales) Act 1994 and Part 1A of Schedule 2 to |
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| | |
| | (b) | in the case of land falling within paragraph 2 of Schedule 13 to TCPA |
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| | 1990, a local plan continues to be or to be comprised in the development |
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| | plan for an area in Wales by virtue of Part 3 of Schedule 5 to the Local |
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| | Government (Wales) Act 1994 and Part 1A of Schedule 2 to TCPA 1990; |
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| | (c) | in the case of land falling within paragraphs 3 or 4 of Schedule 13 to |
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| | TCPA 1990, a unitary development plan continues to form part of the |
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| | development plan for an area in Wales by virtue of article 3(1) and (2) of |
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| | the PCPA No.6 Order 2005. |
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| | (4) | In this section “PCPA No.6 Order 2005” means the Planning and Compulsory |
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| | Purchase Act 2004 (Commencement No.6, Transitional Provisions and Savings) |
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| | Order 2005 (S.I. 2005/2847). |
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| | (5) | This section is deemed to have come into force on the same day as the repeal of |
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| | paragraphs 1 to 4 of Schedule 13 to TCPA 1990 came into force in relation to |
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| | Wales (see Article 2(e) and (g) of the PCPA No.6 Order 2005).’. |
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| |
| | Evidence on applications, appeals and inquiries |
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| |
| | |
| To move the following Clause:— |
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| | ‘After section 323 of the Town and Country Planning Act 1990 there is inserted— |
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| | “323A | Evidence on applications, appeals and inquiries |
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| | (1) | If an applicant for planning permission or any director, servant, agent or |
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| | person on the applicant’s behalf, for the purpose of procuring a grant of |
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| | |
| | (a) | knowingly or recklessly makes a statement which is false or |
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| | misleading in a material particular; |
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| | (b) | with intent to deceive, uses any document which is false or |
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| | misleading in a material particular; or |
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| | (c) | with intent to deceive, withholds any material information, |
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| | | he shall be guilty of an offence. |
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| | (2) | If any person, for the purpose of procuring a particular decision on an |
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| | appeal, application which it has been directed should be referred to the |
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| | Secretary of State or on proceedings for the confirmation of an order by |
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| | the Secretary of State, under this Act— |
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| | (a) | knowingly or recklessly makes a statement which is false or |
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| | misleading in a material particular; |
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| | (b) | with intent to deceive, uses any document which is false or |
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| | misleading in a material particular; or |
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| | (c) | with intent to deceive, withholds any material information, |
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| | | he shall be guilty of an offence. |
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| | (3) | A person guilty of an offence under subsection (1) or (2) shall be liable— |
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| | (a) | on summary conviction, to a fine not exceeding the statutory |
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| | |
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| |
| |
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| | (b) | on conviction on indictment, to imprisonment for a term not |
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| | exceeding two years, or a fine, or both. |
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| | (4) | Any person giving expert evidence, whether orally or in writing, to an |
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| | inquiry or hearing held under this Act shall make a declaration that the |
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| | evidence they give shall be their professional opinion.”’. |
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| |
| | Amendment of the Town and Country Planning Act 1990 |
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| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Town and Country Planning Act 1990 (c. 8) is amended as follows. |
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| | (2) | After section 71A insert— |
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| | “71B | Telecommunications masts: precautionary principle statement |
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| | (1) | Every application for planning permission for telecommunications masts |
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| | and associated apparatus shall be accompanied by a precautionary |
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| | principle statement (“the statement”). |
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| | (2) | A local planning authority on receipt of an application for planning |
|
| | permission for telecommunications masts and associated apparatus, and |
|
| | on the receipt of a notice of appeal, shall— |
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| | (a) | make copies of the statement available for inspection, and |
|
| | (b) | indicate how representations can be made in respect of the |
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| | |
| | in such manner as may be prescribed by regulations. |
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| | (3) | A local planning authority in considering an application for planning |
|
| | permission for telecommunications masts and associated apparatus, or |
|
| | the Secretary of State on an appeal against a determination or non- |
|
| | determination, shall not make a decision until it, or he, has first taken into |
|
| | account the information contained within the statement and any |
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| | representations received in respect of that information. |
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| | (4) | Where the statement indicates that there is a threat of damage to health or |
|
| | the environment, it shall not be a ground for granting planning |
|
| | permission that there is a lack of full scientific certainty about the extent |
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| | of the threat of damage to health or the environment. |
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| | 71C | Telecommunications masts: beam of greatest intensity certificate |
|
| | (1) | Every application for planning permission for telecommunications masts |
|
| | and associated apparatus shall be accompanied by a certificate (“the |
|
| | certificate”) which sets out— |
|
| | (a) | the area and maximum range of the beam of greatest intensity, |
|
| | (b) | the minimum and maximum distances at ground level of the |
|
| | beam of greatest intensity, |
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| |
| |
|
| | (c) | an explanation of the way in which the intensity of radiation falls |
|
| | off with distance from an antennae and of the level of the |
|
| | intensity of radiofrequency radiation, |
|
| | (d) | an indication of where the beam of greatest intensity falls and the |
|
| | nearest and farthest distance from the antenna to these points. |
|
| | (2) | A local planning authority on receipt of an application for planning |
|
| | permission for telecommunications masts and associated apparatus, and |
|
| | on the receipt of a notice of appeals shall— |
|
| | (a) | make copies of the certificate available for inspection, and |
|
| | (b) | indicate how representations can be made, |
|
| | in such manner as may be prescribed by regulations. |
|
| | (3) | Where a beam of greatest intensity falls on any part of any premises or |
|
| | land occupied by or consisting of an educational or medical facility, or of |
|
| | residential property, planning permission shall not be granted before first |
|
| | taking into account the information contained within the certificate, and |
|
| | any representations received in respect of that information. |
|
| | (4) | For the purposes of section 71B and this section— |
|
| | “beam of greatest intensity” means where the greatest exposure to the |
|
| | radiofrequency radiation signal occurs; |
|
| | “educational facility” means any premises used for the education of |
|
| | children and young adults, whether such education is full or part time, |
|
| | and includes a nursery school; |
|
| | “electronic communications code” means the code set out in Schedule 2 |
|
| | to the Telecommunications Act 1984; |
|
| | “exempted apparatus” means— |
|
| | (a) | a public call box, or |
|
| | (b) | an antenna which cannot be used for receiving a signal |
|
| | transmitted from a telecommunications mast, and |
|
| | (c) | radio equipment which cannot be used in connection with a |
|
| | |
| | “medical facility” means any premises used for medical treatment or |
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| | |
| | “precautionary principle statement” means a statement accompanying |
|
| | an application for planning permission for telecommunications masts |
|
| | and associated apparatus which describes the effect upon the |
|
| | environment or human health which might arise from the installation |
|
| | or use of the telecommunications masts and associated apparatus; |
|
| | “telecommunications masts and associated apparatus” has the same |
|
| | meaning as the term “electronic communications apparatus” in the |
|
| | electronic communications code, except that the definition of that term |
|
| | does not include exempted apparatus.”.’. |
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| |
|
|
| |
| |
|
| | Amendment of the Town and Country Planning (General Permitted Development) Order |
|
| | |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Town and Country Planning (General Permitted Development) Order 1995 |
|
| | (S.I. 1995/418) is amended in accordance with subsections (2) to (6). |
|
| | (2) | In Article 1(2) (interpretation), at the appropriate place in alphabetical order, |
|
| | |
| | ““electronic communications code” means the code set out in Schedule 2 to |
|
| | the Telecommunications Act 1984; |
|
| | “exempted apparatus” means— |
|
| | (c) | a public call box, or |
|
| | (d) | an antenna which cannot be used for receiving a signal |
|
| | transmitted from a telecommunications mast, and |
|
| | (e) | radio equipment which cannot be used in connection with a |
|
| | |
| | “telecommunications masts and associated apparatus” has the same |
|
| | meaning as the term “electronic communications apparatus” in the |
|
| | electronic communications code except that the definition of that term |
|
| | does not include exempted apparatus.” |
|
| | (3) | In Part 2 of Schedule 2 (minor operations) at end insert— |
|
| | |
| | |
| | D | Development which consists of— |
|
| | (a) | the use of land by or on behalf of an electronic |
|
| | communications code operator for a period not exceeding 3 |
|
| | months to provide access for and station temporary moveable |
|
| | telecommunications masts and associated apparatus, which is |
|
| | required for the sole purpose of temporarily replacing |
|
| | unserviceable telecommunications masts and associated |
|
| | |
| | (b) | the replacement of telecommunications masts and associated |
|
| | apparatus, including associated equipment and structures and |
|
| | the provision of means of access, which is required for the |
|
| | operation of the Electronic Communications Code Operator’s |
|
| | system where such existing telecommunications masts and |
|
| | associated apparatus has become unserviceable. |
|
| | Development not permitted |
|
| | D1 | Development is not permitted by Class D if the telecommunications |
|
| | masts and associated apparatus are not of the same type and capacity |
|
| | as the unserviceable masts and associated apparatus they are to |
|
| | |
|
|
| |
| |
|
| | Interpretation of Class D |
|
| | D2 | For the purposes of Class D “moveable telecommunications masts and |
|
| | associated apparatus” means masts and apparatus attached to a |
|
| | vehicle, trailer or moveable structure.”. |
|
| | (4) | In Part 17 of Schedule 2 (development by statutory undertakers), in paragraph A1 |
|
| | (development not permitted), after subparagraph (c) insert “or |
|
| | (d) | telecommunications masts and associated apparatus.” |
|
| | (5) | Part 24 of Schedule 2 (development by electronic communications code |
|
| | |
| | (6) | Part 25 of Schedule 2 (other telecommunications development) is revoked. |
|
| | (7) | The Town and Country Planning (General Permitted Development) |
|
| | (Amendment) (England) Order 2001 (S.I. 2001/2718) is revoked. |
|
| | (8) | The Town and Country Planning (General Permitted Development) |
|
| | (Amendment) (Wales) Order 2002 (S.I. 2002/1878) is revoked.’. |
|
| |
| | Appeals against enforcement notices |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Section 174 of the Town and Country Planning Act 1990 is amended as follows. |
|
| | (2) | In subsection (2) omit paragraph (a).’. |
|
| |
| | Development of plant or machinery by railway undertakers |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘In Schedule 2, Part 17, Section A.1(c)(i) of The Town and Country Planning |
|
| | (General Permitted Development) Order 1995 after second ‘building’, insert ‘, |
|
| | |
| |
| |
| |
| | |
| Page 77, line 7 [Clause 149], leave out ‘the regional development agency for its |
|
| region’ and insert ‘a local authority for an area within its region (whether singly or jointly |
|
| with other local authorities)’. |
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|
|
| |
| |
|
| |
| | |
| Page 77 [Clause 149], leave out lines 10 to 21. |
|
| |
| |
| | |
| Page 77, line 12 [Clause 149], leave out ‘the regional development agency for the |
|
| region’ and insert ‘a local authority for an area within the region (whether singly or jointly |
|
| with other local authorities)’. |
|
| |
| |
| | |
| Page 77, line 18 [Clause 149], leave out ‘the regional development agency for the |
|
| region’ and insert ‘a local authority for an area within the region (whether singly or jointly |
|
| with other local authorities)’. |
|
| |
| |
| | |
| Page 77, line 23 [Clause 149], leave out ‘regional development agency’ and insert |
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| |
| |
| |
| | |
| Page 77, line 25 [Clause 149], leave out ‘regional development agency’ and insert |
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| |
| |
| | |
| Page 77 [Clause 149], leave out lines 29 and 30. |
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| |
| |
| | |
| Page 77, line 31 [Clause 149], leave out ‘regional development agency’ and insert |
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| |
| |
| |
| | |
| Page 77, line 36 [Clause 149], leave out ‘regional development agency’ and insert |
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| |
| |
| | |
| Page 77 [Clause 149], leave out lines 38 to 40. |
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|