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Regulation 52 Consultation on the proposed minerals and waste plan document

Original text. Later amendments are not shown.

(1)

No earlier than on the day after the date on which a minerals and waste planning authority publish, in accordance with section 15CA(5) of the Act, observations or advice received under section 15CA(3) and regulation 51, the authority must—

(a)

make a notice of proposed minerals and waste plan document consultation available in accordance with regulation 88,

(b)

make the proposed minerals and waste plan document submission documents available in accordance with regulation 88,

(c)

notify each of the persons specified in paragraph (2) that the notice of proposed minerals and waste plan document consultation and the proposed minerals and waste plan document submission documents are available for inspection and of the places and times at which they can be inspected, and

(d)

invite each of the persons specified in paragraph (2) to make representations to the minerals and waste planning authority about the proposed minerals and waste plan document submission documents.

(2)

The persons specified in this paragraph are—

(a)

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

(b)

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

(c)

such residents or other persons carrying on business in the minerals and waste planning authority’s relevant area as the authority consider appropriate, and

(d)

any person who requested to be notified of the making available of the proposed minerals and waste plan document submission documents.

(3)

Any person may make representations to a minerals and waste planning authority about the proposed minerals and waste plan document submission documents.

(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 proposed minerals and waste plan document consultation.

(5)

In this regulation—

  • “notice of proposed minerals and waste plan document consultation” means a notice specifying—

    1. (a)

      the title, if any, of the proposed minerals and waste plan document,

    2. (b)

      details of where the proposed minerals and waste plan document submission documents made available in accordance with paragraph (1)(b) are available for inspection and of the places and times at which they can be inspected,

    3. (c)

      the date on or before which representations about the proposed minerals and waste plan document submission documents must be received by the minerals and waste planning authority, which must be a date not less than eight weeks from the date on which the notice is published,

    4. (d)

      the address to which representations about the proposed minerals and waste plan document submission documents may be made, and

    5. (e)

      that representations about the proposed minerals and waste plan document submission documents may be accompanied by a request to be notified at a specified address when one or more of the following steps occur—

      1. (i)

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

      2. (ii)

        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;

      3. (iii)

        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);

      4. (iv)

        a decision 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;

      5. (v)

        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);

      6. (vi)

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

      7. (vii)

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

  • “proposed minerals and waste plan document submission documents” means the following documents—

    1. (a)

      the minerals and waste planning authority’s proposed minerals and waste plan document;

    2. (b)

      the minerals and waste planning authority’s map of proposed minerals and waste plan document policies;

    3. (c)

      a document setting out details of the evidence which the minerals and waste planning authority has gathered to support the proposed minerals and waste plan document;

    4. (d)

      a statement setting out—

      1. (i)

        the general consultation bodies and the specific consultation bodies who were invited to make representations under regulation 45 (scoping consultation) and regulation 48 (consultation on proposed minerals and waste plan document content and evidence),

      2. (ii)

        the manner by which those invited bodies were asked to make any representations,

      3. (iii)

        a summary of the main issues raised by those representations, and

      4. (iv)

        how those main issues have been addressed in the proposed minerals and waste plan document;

    5. (e)

      such supporting documents as the minerals and waste planning authority consider relevant to the preparation of the proposed minerals and waste plan document.