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The Storage of Carbon Dioxide (Access to Infrastructure) Regulations (Northern Ireland) 2015

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8.—(1) Subject to regulation 9(2), where a storage permit is granted subject to a variation condition or a pipe-line variation notice has been served, the Department may serve a notice in accordance with paragraph (2) on—

(a)the holder of the storage permit or the person to whose benefit the grant of planning permission enures or the person to whom the Crown lease is granted (the “holder”); and

(b)any other person who made representations to the Department as to the matters set out in regulation 6(2) or (3) or in regulation 7(3) or (4) (the “third party”).

(2) A notice under paragraph (1) shall—

(a)specify the sums or the method of determining the sums which the Department considers should be paid to the holder by the third party for the purpose of defraying so much of the costs of constructing the relevant infrastructure as is attributable to the variation condition or pipe-line variation notice;

(b)specify the arrangements which the Department considers should be made by the holder and third party, within a specified period, for the purpose of securing that those sums will be paid to the holder if the holder constructs the relevant infrastructure or a relevant part of it, or satisfies the Department that the holder will construct it in accordance with the variation condition or pipe-line variation notice;

(c)provide that the holder may, if the Department is satisfied that those arrangements have not been made by the third party within the specified period, elect (in the manner specified) that the variation condition or pipe-line variation notice be withdrawn or have effect with such modifications as are so specified with a view to eliminating the consequences of the representations of the third party; and

(d)authorise the holder, if the Department is satisfied that the relevant infrastructure or a relevant part of it has been or will be constructed in accordance with the variation condition or pipe-line variation notice, to recover those sums from the third party.

(3) In paragraph (2) “specified” means specified in the notice.

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