Deemed licences under the Food and Environment Protection Act 19855
1
This regulation applies in relation to an application where the decision-maker is considering whether to include in an order granting development consent a provision deeming a licence to have been issued under Part 2 of the Food and Environment Protection Act 19859, by virtue of section 149 of the Act.
2
When deciding an application to which this regulation applies, the decision-maker must have regard to the need to—
a
protect the marine environment, the living resources which it supports and human health; and
b
prevent interference with legitimate uses of the sea.
3
Without prejudice to the generality of paragraph (2), where it appears to the decision-maker that the application has been made with the view to the disposal of substances or articles, the decision-maker must have regard to the practical availability of any alternative methods of dealing with those substances or articles.