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SCHEDULE 3NATURAL HABITATS

Provision for the protection of European sites: review of existing agreements

4.—(1) As soon as reasonably practicable after commencement, the Welsh Ministers must serve on the parties to each agreement to which sub-paragraph (2) applies a notice specifying a date for the purposes of sub-paragraph (5).

(2) This sub-paragraph applies to any written agreement —

(a)entered into by an owner before commencement; and

(b)which the Welsh Ministers consider relates to dredging which constitutes a habitats project.

(3) As soon as reasonably practicable after a site becomes a European site, the Welsh Ministers must serve on the parties to each agreement to which sub-paragraph (4) applies, a notice specifying a date for the purposes of sub-paragraph (5).

(4) This sub-paragraph applies to any agreement —

(a)entered into by an owner before commencement; and

(b)which the Welsh Ministers consider relates to dredging which constitutes a habitats project as a result of—

(i)the designation of the European site, or

(ii)a proposal by the Welsh Ministers that a site be designated as a special area of conservation for the purposes of meeting the United Kingdom’s obligations under Article 4(1) of the Habitats Directive.

(5) On and after the date specified in a notice under sub-paragraph (1) or (3), the agreement has effect for all purposes as a permission granted as the result of an application under regulation 10 and which it is the Welsh Ministers' duty to review under paragraph 3.