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The Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Wales) Regulations 2007

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Procedure on review

5.—(1) Where, on a review under paragraph 3 or 4, the Welsh Ministers propose to revoke or vary a permission granted, or having effect as if granted, under these Regulations, the Welsh Ministers must serve notice on —

(a)the owner;

(b)any holder of the permission, or the part affected, as the case may be; and

(c)any other person who, in the Welsh Ministers' opinion, will be affected by the revocation or variation,

informing them of the decision and specifying a period, being not less than 28 days from the date of the notice (“the specified period”), within which representations may be made in relation to that decision.

(2) The Welsh Ministers must also serve notice on any person or body from which scientific advice was obtained, informing them of the decision and inviting their representations within the specified period.

(3) If, within the specified period, a person on whom notice has been served under sub-paragraph (1) so requires, the Welsh Ministers must, before deciding whether to proceed with the revocation or variation, give—

(a)to that person; and

(b)to any other person or body on whom notice was served under that sub-paragraph or sub-paragraph (2),

an opportunity to make representations (whether in person or in writing) to a person appointed by the Welsh Ministers for the purpose.

(4) The Welsh Ministers must decide, having regard, in particular, to—

(a)any representations made in response to a notice served under sub-paragraph (1) or (2); and

(b)if applicable, the report of any person appointed under sub-paragraph (3),

whether to proceed with the revocation or variation of the permission.

(5) The Welsh Ministers must serve on any person on whom notice was served under—

(a)sub-paragraph (1); or

(b)sub-paragraph (2),

notice of the decision under sub-paragraph (4) stating —

(i)the main reasons for the decision,

(ii)the main considerations on which the decision is based, and

(iii)that the decision may be challenged and the procedures for doing so.

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