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PART XMISCELLANEOUS AND SUPPLEMENTARY

Supplementary

Orders and regulations

133.—(1) Schedule 8 shall have effect with respect to the making of orders under any of the following Articles, namely—

(a)Article 4(1) (construction of bridges and tunnels in relation to navigable waters);

(b)Article 5(1) (diversion of navigable watercourses);

(c)Article 6 (extinguishment of certain public rights over navigable waters and foreshore);

(d)Article 14(1) (trunk roads);

(e)Article 15(1) (designation of special roads);

(f)Article 18(1) (restriction of access, etc. in connection with special roads);

(g)Article 68(1) (abandonment and stopping-up of roads).

(2) Subject to paragraph (3), proceedings under Schedule 8 may be taken concurrently (so far as practicable) with—

(a)proceedings required to be taken under Article 67 (procedure for environmental assessment);

(b)proceedings required to be taken under Article 113 and Schedule 7 (procedure for making vesting orders).

(3) Where an environmental assessment is required to be prepared under Article 67 in connection with any project then—

(a)no order under any of the Articles mentioned in paragraph (1) shall be made for the purposes of, or in connection with, that project, and

(b)no proceedings under Article 113 and Schedule 7 shall be taken in relation to any land which the Department wishes to acquire compulsorily for the purposes of, or in connection with, that project,

until after the date on which a notice relating to the project is published by the Department under Article 67(10).

(4) An order made under any of the Articles set out in paragraph (1)—

(a)shall, together with such observations of the Department upon objections made to the proposed order and not withdrawn and such other observations as the Department considers appropriate, be laid before the Assembly; and

(b)shall be subject to negative resolution.

(5) Regulations made under this Order shall be subject to negative resolution.