OpenLegislation

Regulation 45 Scoping consultation: minerals and waste plan document

Original text. Later amendments are not shown.

(1)

No earlier than on the date on which a minerals and waste planning authority make their notice of intention to commence minerals and waste plan document preparation available under regulation 44(1), the authority must—

(a)

invite the bodies specified in paragraph (2) to make representations to the minerals and waste planning authority about—

(i)

such matters relevant to the preparation of the minerals and waste plan document as the authority or body consider appropriate, including what the document should contain, and

(ii)

how the authority should engage with them in the preparation of the minerals and waste plan document, and

(b)

make a notice of scoping consultation available in accordance with regulation 88.

(2)

The bodies specified in this paragraph are—

(a)

such of the general consultation bodies as the minerals and waste planning authority consider appropriate, and

(b)

such of the specific consultation bodies as the minerals and waste planning authority consider may have an interest in the preparation of the minerals and waste plan document.

(3)

Any person may make representations to a minerals and waste planning authority about the matters set out at paragraph (1)(a)(i) and (ii).

(4)

Any representations made under this regulation must be received by the minerals and waste planning authority by the date specified in the notice of scoping consultation.

(5)

In this regulation, “notice of scoping consultation” means a notice specifying—

(a)

the matters which the minerals and waste planning authority have invited representations about under paragraph (1)(a)(i) and (ii),

(b)

the date on or before which representations about the matters set out in paragraph (1)(a)(i) and (ii) must be received by the minerals and waste planning authority,

(c)

the address to which representations about the matters set out in paragraph (1)(a)(i) and (ii) may be made, and

(d)

that representations about the matters set out in paragraph (1)(a)(i) and (ii) may be accompanied by a request to be notified at a specified address when one or more of the following steps occur—

(i)

the making available of proposed minerals and waste plan document content and evidence under regulation 48(1)(b) (consultation on proposed minerals and waste plan document content and evidence);

(ii)

the publication of observations or advice under section 15CA(5) of the Act;

(iii)

the making available of the proposed minerals and waste plan document submission documents under regulation 52(1)(b) (consultation on the proposed minerals and waste plan document);

(iv)

the submission of the proposed minerals and waste plan document to the Secretary of State for independent examination under section 15D(1) of the Act;

(v)

the making available of the matters specified in regulation 60(2) in accordance with regulation 60(1)(a) (independent examination: minerals and waste plan document);

(vi)

a decision of the examiner under section 15D(7) of the Act that the examination under that section is to be paused under section 15DA of the Act for further work to be carried out;

(vii)

the publication under section 15DA(7) of the Act of the document and any evidence which is sent to the examiner under section 15DA(6) of the Act;

(viii)

the publication of the recommendations and reasons of the examiner received under section 15D or section 15DA of the Act, in accordance with section 15D(13) or section 15DA(10);

(ix)

the adoption or approval of the minerals and waste plan document under Part 2 of the Act.