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Regulation 8B Consideration on reviewF1

(1)

This regulation applies where an existing decision falls to be reviewed under regulation 8A.

(2)

In considering whether the continuance of a plan or project would adversely affect the integrity of the relevant site, the provisions of regulation 5(3) and regulation 6(1) to (3) apply with the appropriate modifications in relation to the decision on the review.

(3)

The existing decision may be affirmed if it appears to the Secretary of State that action taken or to be taken will secure that the plan or project does not adversely affect the integrity of the relevant site.

(4)

Where the avoidance of an adverse effect on the integrity of a relevant site may be secured in a number of ways, the Secretary of State shall seek to ensure that the action to be taken is the least onerous to those affected.

(5)

Any modification or revocation under regulation 8A(4) shall be carried out under existing statutory procedures where such procedures exist.

Annotations

Textual amendments

F1

Regs. 8A, 8B inserted (16.5.2017) by The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 59 (with reg. 58)