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17. For Article 12 there shall be substituted—
12. The Department shall not confirm a drainage scheme unless—
(a)it has complied with the requirements of Articles 12A to 12E in relation to the scheme; and
(b)where a proposal for the scheme has been referred to the Commission under Article 12E(5)—
(i)the Commission has consented to the carrying out of the scheme; and
(ii)the scheme is carried out in accordance with any conditions to which the consent is subject.”
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