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Citation and commencement

1.  This Order may be cited as the Electricity (Offshore Wind and Water Driven Generating Stations) (Permitted Capacity) Order (Northern Ireland) 2008 and shall come into operation on 5 March 2008.

Substitution of capacity

2.—(1) In the case of generating stations which are wholly or mainly driven by wind or water and are situated in waters within or adjacent to Northern Ireland (provided that the waters are not within an area in which development requires planning permission under the Planning (Northern Ireland) Order 1991(1)) up to the seaward limits of the territorial sea, Article 39(2) of the Electricity (Northern Ireland) Order 1992 shall have effect as if, for the permitted capacity of 10 megawatts mentioned therein, there were substituted the capacity of 1 megawatt.

(2) In this article the expressions “development” and “planning permission” bear the same meanings as in the Planning (Northern Ireland) Order 1991.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment

on 7th February 2008.

Legal seal

Jenny Pyper

A senior officer of the

Department of Enterprise, Trade and Investment