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Regulation 83 Joint minerals and waste plan documents: application of these Regulations

Original text. Later amendments are not shown.

(1)

These Regulations apply in relation to a joint minerals and waste plan document and to a joint document which is or forms part of a minerals and waste plan as they apply in relation to a minerals and waste plan document and to a document which is or forms part of a minerals and waste plan.

(2)

For the purposes of paragraph (1)—

(a)

the relevant authorities must act jointly to comply with the following provisions—

(i)

regulation 51(1) to (3) (gateway 2: observations or advice from an appointed person),

(ii)

where it applies, regulation 53 (conformity with operative spatial development strategy),

(iii)

regulation 56(1) to (3) (gateway 3: prescribed requirements assessment by an appointed person), and

(iv)

where it applies, regulation 58(2) to (4) and (8) (repeat of gateway 3),

(b)

each of the relevant authorities must comply with the following provisions—

(i)

the requirement to make available a notice of intention to commence minerals and waste plan document preparation under regulation 44(1),

(ii)

regulation 63 (withdrawal of a minerals and waste plan document),

(iii)

regulation 64 (adoption of a minerals and waste plan document), and

(iv)

regulation 65 (revocation of a minerals and waste plan document),

(c)

except in regulation 44(1) (notice of intention to commence minerals and waste plan document preparation), regulation 63 (withdrawal of a minerals and waste plan document), regulation 64(1) (adoption of a minerals and waste plan document) and regulation 65 (revocation of a minerals and waste plan document), any reference in Part 5 to a requirement for a minerals and waste planning authority to make a document available in accordance with regulation 88 must be read as a requirement for the relevant authorities to make that document available jointly in accordance with paragraph (7),

(d)

anything else (not referred to in sub-paragraphs (a) to (c)) which may or must be done by a minerals and waste planning authority in connection with a minerals and waste plan document is to be done in connection with the joint minerals and waste plan document either—

(i)

by each of the relevant authorities, or

(ii)

by the relevant authorities acting jointly, and

(e)

anything which may or must be done in relation to a minerals and waste planning authority in connection with a minerals and waste plan document is to be done in relation to each of the relevant authorities in connection with the joint minerals and waste plan document.

(3)

Where each of the relevant authorities comply with regulation 45(1) (scoping consultation)—

(a)

the authorities must do so on the same day, and

(b)

each authority’s notice of scoping consultation must—

(i)

be consistent with the notice of scoping consultation of each other relevant authority, and

(ii)

specify each other relevant authority for whose relevant area the joint minerals and waste plan document is to be or form part of their minerals and waste plan.

(4)

Where each of the relevant authorities comply with regulation 46 (gateway 1: self-assessment of readiness for minerals and waste plan document preparation)—

(a)

the authorities must comply with regulation 46(3) on the same day, and

(b)

each authority’s self-assessment summary must be consistent with the self-assessment summary of each other relevant authority.

(5)

Where each of the relevant authorities comply with regulation 48(1) (consultation on proposed minerals and waste plan document content and evidence)—

(a)

the authorities must do so on the same day,

(b)

each authority’s notice of content and evidence consultation must—

(i)

be consistent with the notice of content and evidence consultation of each other relevant authority, and

(ii)

specify each other relevant authority for whose relevant area the joint minerals and waste plan document is to be or form part of their minerals and waste plan, and

(c)

each authority’s proposed minerals and waste plan document content and evidence must be consistent with the proposed minerals and waste plan document content and evidence of each other relevant authority.

(6)

Where each of the relevant authorities comply with regulation 52(1) (consultation on the proposed minerals and waste plan document)—

(a)

the authorities must do so on the same day,

(b)

each authority’s notice of proposed minerals and waste plan document consultation must—

(i)

be consistent with the notice of proposed minerals and waste plan document consultation of each other relevant authority, and

(ii)

specify each other relevant authority for whose relevant area the joint minerals and waste plan document is to be or form part of their minerals and waste plan, and

(c)

each authority’s proposed minerals and waste plan document submission documents must be consistent with the proposed minerals and waste plan document submission documents of each other relevant authority.

(7)

A document is taken to be made available jointly by the relevant authorities when that document is—

(a)

published on—

(i)

each relevant authority’s website, or

(ii)

the relevant authorities’ website for the joint minerals and waste plan document, and

(b)

made available for inspection, at the principal office of each relevant authority and at such other places within the relevant area of each relevant authority as they consider appropriate, during normal office hours.

(8)

If a document is published in the manner referred to in paragraph (7)(a)(ii), each relevant authority must, no later than on the same day as that document is so published, publicise on their website details of where that document can be accessed on the website for the joint minerals and waste plan document.