Environment Act 1995

73 (1) Section 39 of that Act (surrender of licences) shall be amended in accordance with the following provisions of this paragraph. E+W+S

(2) In subsection (3) (application for surrender of a site licence) for the words from “in such form” onwards there shall be substituted the words “ on a form provided by the authority for the purpose, giving such information and accompanied by such evidence as the authority reasonably requires and accompanied by the charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995. ”

(3) In subsection (7) (consideration of representations before accepting surrender of a licence)—

(a) for the words “the National Rivers Authority” and “the Authority” there shall be substituted the words “ the appropriate planning authority ”; and

(b) the words following paragraph (b) shall cease to have effect.

(4) Subsection (8) (which makes provision for Scotland in place of subsection (7)) shall cease to have effect.

(5) In subsection (11) (meaning of “the allowed period”) for the words “subsections (7) and (8) above” there shall be substituted the words “ subsection (7) above ”.

(6) After subsection (11) there shall be added—

“(12) In this section—

• “the appropriate planning authority” means—

  (a)

  where the relevant land is situated in the area of a London borough council, that London borough council;

  (b)

  where the relevant land is situated in the City of London, the Common Council of the City of London;

  (c)

  where the relevant land is situated in a non-metropolitan county in England, the council of that county;

  (d)

  where the relevant land is situated in a National Park or the Broads, the National Park authority for that National Park or, as the case may be, the Broads Authority;

  (e)

  where the relevant land is situated elsewhere in England or Wales, the council of the district or, in Wales, the county or county borough, in which the land is situated;

  (f)

  where the relevant land is situated in Scotland, the council constituted under section 2 of the M1 Local Government etc. (Scotland) Act 1994 for the area in which the land is situated;

• “the Broads” has the same meaning as in the M2 Norfolk and Suffolk Broads Act 1988;

• “National Park authority”, subject to subsection (13) below, means a National Park authority established under section 63 of the Environment Act 1995 which has become the local planning authority for the National Park in question;

• “the relevant land”, in the case of any site licence, means the land to which the licence relates.

(13) As respects any period before a National Park authority established under section 63 of the Environment Act 1995 in relation to a National Park becomes the local planning authority for that National Park, any reference in this section to a National Park authority shall be taken as a reference to the National Park Committee or joint or special planning board for that National Park.

(14) The Secretary of State may by regulations amend the definition of “appropriate planning authority” in subsection (12) above.”

Annotations:

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Commencement Information

I1 Sch. 22 para. 73 partly in force; Sch. 22 para. 73 not in force at Royal Assent see s. 125(3); Sch. 22 para. 73(1)(3)-(6) wholly in force and Sch. 22 para. 73(2) in force for specified purposes at 1.4.1996 by S.I. 1996/186, art. 3; Sch. 22 para. 73(2) in force at 1.4.1998 insofar as not already in force by S.I. 1998/604, art. 2

Marginal Citations

M1 1994 c. 39.

M2 1988 c. 4.