# The Infrastructure Planning (Decisions) Regulations 2010, Regulation 5: Deemed licences under the Food and Environment Protection Act 1985


(1) This regulation applies in relation to an application where the decision-maker is considering whether to include in an order granting development consent a provision deeming a licence to have been issued under Part 2 of the Food and Environment Protection Act 1985, by virtue of section 149 of the Act.
(2) When deciding an application to which this regulation applies, the decision-maker must have regard to the need to—
(a) protect the marine environment, the living resources which it supports and human health; and
(b) prevent interference with legitimate uses of the sea.
(3) Without prejudice to the generality of paragraph (2), where it appears to the decision-maker that the application has been made with the view to the disposal of substances or articles, the decision-maker must have regard to the practical availability of any alternative methods of dealing with those substances or articles.

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Source: https://www.legislation.gov.uk/ukdsi/2010/9780111490266/regulation/5 (the official version)
Page: https://openlegislation.uk/draft-infrastructure-planning-decisions-regulations-2010/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.