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Section 36 of the Electricity Act 1989 (c. 29) (the “Act”) provides that generating stations may not be constructed, extended or operated without a consent under section 36(1). The Onshore Wind Generating Stations (Exemption) (England and Wales) Order 2016 removes the application of section 36 of the Act to onshore wind generating stations in England and Wales.
This Order allows for the redetermination of applications made to the Secretary of State where the refusal of the application for consent under section 36(1) of the Act was subsequently quashed by order of a court.
The Explanatory Memorandum for this Order is available on www.legislation.gov.uk .
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