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(1)The requirements imposed by or pursuant to the following provisions, that is to say—
(a)sections 43 and 45;
(b)schedule 9 to this Act,
shall be enforceable, and the local planning authority shall have the responsibility to enforce them, as valid planning conditions.
(2)For the purposes only of such enforcement and any appeal against a decision of the local planning authority under section 47(1)(b) of the 1997 Act, planning permission for the construction of the authorised works shall be deemed to have been granted under section 37 of that Act subject to the imposition of those conditions under section 41 of that Act.
(3)The local planning authority shall appoint an Environmental Clerk of Works to monitor the compliance by the authorised undertaker with the requirements referred to in subsection (1).
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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