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The Environmental Permitting (England and Wales) Regulations 2010

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Consultation: conditions mentioned in regulation 15(1)

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9.—(1) This paragraph applies if the regulator proposes to include a condition mentioned in regulation 15(1) in an environmental permit.

(2) If this paragraph applies, the regulator must serve a notice which complies with sub-paragraph (3) on every person appearing to it to fall within sub-paragraph (4).

(3) The notice must specify—

(a)the proposed condition;

(b)the works or other things which the condition would require; and

(c)the address to which and the period within which representations on the proposed condition are to be made (which period must not expire less than 20 working days after the day the notice is served).

(4) A person falls within this sub-paragraph if—

(a)the person is the owner, lessee or occupier of land; and

(b)regulation 15(2) would require the person to grant the rights mentioned there if the proposed condition were included in the environmental permit.

(5) In sub-paragraph (4)(a), “owner” means the person who—

(a)is receiving the rack-rent of the land, whether on the person’s own account or as agent or trustee for another person; or

(b)would receive the rack-rent if the land were let at a rack-rent,

but does not include a mortgagee not in possession.

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