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

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Publicising the application

7.—(1) Not later than seven days after making an application the applicant must—

(a)publish a notice of application in a newspaper circulating in the area in which the release land and any replacement land are situated;

(b)for not less than 28 days display a notice of application at the principal places of entry to (or, if there are no such places, at a conspicuous place on the boundary of)—

(i)the release land; and

(ii)the replacement land (if any); and

(c)send a notice of application to—

(i)any person (other than the applicant) occupying the release land;

(ii)the occupier of any property shown in the register as being property to which rights of common over the release land are attached and whom the applicant believes to be exercising those rights or likely to be affected by the application;

(iii)any other person known to the applicant to be entitled to exercise rights of common over the release land and whom the applicant believes to be exercising those rights or likely to be affected by the application; and

(iv)the community council or councils (if any) for the area in which the release land and the replacement land are situated.

(2) The notice must contain the following details—

(a)the name of the applicant;

(b)the name of the common land or town or village green affected by the proposal;

(c)the location and area in square metres of the release land;

(d)whether the application includes a proposal for land to be registered as replacement land and, if so, the location and area in square metres of the replacement land;

(e)a brief statement of the reason for the application;

(f)a postal address and an e-mail address to which any representations may be sent;

(g)the date on which the period for making representations expires, which must not be less than 28 days after the date on which paragraph (1) is fully complied with;

(h)an address at which the application form and the documents listed in regulation 5(2) are available for inspection;

(i)the times and dates on which such inspection may take place, which must be in accordance with regulation 8(2); and

(j)an address from which copies of the application form and accompanying documents may be requested from the applicant.

(3) The applicant must also send a notice of application to such other persons, or display a notice of application in such further places, as the determining authority may direct under regulation 6(4).

(4) The applicant must give notice to the determining authority when the applicant has complied with paragraphs (1) to (3), which must—

(a)include details of—

(i)the newspaper in which the notice of application was published, and the date of publication;

(ii)the date on which a notice of application was posted on the land;

(iii)the persons to whom a notice of application was sent, the date or dates on which they were sent, and the nature of each such person’s interest in the land (if any); and

(iv)the places at which a notice of application was posted on the land (if necessary, by reference to a map); and

(b)be accompanied by a copy of the page of the newspaper in which the notice of application was published.

(5) Where a notice of application is, without any fault or intention of the applicant, removed, obscured or defaced before the period of 28 days referred to in paragraph (1)(b) has elapsed, the applicant will be treated as having complied with the requirements of that paragraph if the applicant has taken reasonable steps to protect the notice and, if need be, replace it.

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