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The Deregistration and Exchange of Common Land and Greens (Procedure) (Wales) Regulations 2012

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Determination of application

18.—(1) As soon as practicable after considering—

(a)the application and all representations made in accordance with regulation 10,

(b)the findings made at a site inspection, if any, and

(c)where a hearing or inquiry has been held, either—

(i)the evidence presented at the hearing or inquiry (if the determination is being made by the inspector who heard the evidence), or

(ii)the report and recommendation of the inspector (if the determination is not being made by the inspector),

the determining authority must determine whether or not to grant the application, and notify the applicant in writing of that decision and the reasons for it.

(2) Where an inspector has produced a report following a hearing, inquiry or site inspection, the notification of the decision must be accompanied by a copy of that report.

(3) If the determining authority grants the application, it must also—

(a)send its order under section 17 of the 2006 Act to the commons registration authority for the area in which the release land and the replacement land (if any) are situated; and

(b)send a copy of the order to the applicant.

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