OpenLegislation

Paragraph 18 Decommissioning and restorationI1

England, Wales and Scotland

(1)

No later than 12 months prior to the date the undertaker intends to decommission any part of the authorised development, the undertaker must notify the relevant planning authority and county authority of the intended date of decommissioning.

(2)

Within 12 months of the date notified pursuant to paragraph (1) but no later than 6 months prior to the 40 year period referred to in paragraph (3), the undertaker must submit to the relevant planning authority for that part (or both relevant planning authorities where that part falls within the administrative areas of both the District of North Kesteven and the Borough of Boston) for approval a decommissioning and restoration plan for that part, such approval to be in consultation with the county authority and the Environment Agency.

(3)

Save for Work No. 6B, 6C and Work No. 9C, decommissioning must commence no later than 40 years following the date of final commissioning that is the subject of the last notice given by the undertaker pursuant to requirement 3(5) (phasing of the authorised development and date of final commissioning).

(4)

The plan submitted and approved pursuant to paragraph (2) must be substantially in accordance with the relevant part of the outline decommissioning and restoration plan.

(5)

No decommissioning works must be carried out until the relevant planning authority or both relevant planning authorities (as applicable) has or have approved the plan submitted under paragraph (2) in relation to such works.

(6)

The plan submitted and approved pursuant to paragraph (2) must be implemented as approved.

(7)

This requirement is without prejudice to any other consents or permissions which may be required to decommission any part of the authorised development.

Annotations

Commencement

I1

Sch. 2 para. 18 in force at 17.2.2025, see art. 1