Electricity Act 1989

1 (1) In formulating any relevant proposals, a licence holder or a person authorised by exemption to [F1 generate, [F2 distribute, supply or participate in the transmission of] electricity]— E+W

(a) shall have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest and of protecting sites, buildings and objects of architectural, historic or archeological interest; and

(b) shall do what he reasonably can to mitigate any effect which the proposals would have on the natural beauty of the countryside or on any such flora, fauna, features, sites, buildings or objects.

(2) In considering any relevant proposals for which [F3 its] consent is required under section 36 or 37 of this Act, the [F4 appropriate authority] shall have regard to—

(a) the desirability of the matters mentioned in paragraph (a) of sub-pargaraph (1) above; and

(b) the extent to which the person by whom the proposals were formulated has complied with his duty under paragraph (b) of that sub-paragraph.

(3) In this paragraph—

• [F5 “appropriate authority” has the meaning given by section 36(10)(b) or (c) of this Act;]

• “building” includes structure;

• “relevant proposals” means any proposals—

  (a)

  for the construction or extension of a generating station of a capacity not less than 10 megawatts, or for the opreation of such a station in a different manner;

  (b)

  for the installation (whether above or below ground) of an electric line; or

  (c)

  for the execution of any other works for or in connection with the transmission or supply of electricity.

(4) The [F6 appropriate authority] may by order provide that sub-paragraph (3) above shall have effect as if for the capacity mentioned in paragraph (a) there were substituted such other capacity as may be specified in the order.

(5) This paragraph and paragraph 2 below extend to England and Wales only.

Textual Amendments

F1 Words in Sch. 9 para. 1(1) substituted (1.10.2001) by S.I. 2001/3264, art. 6

F2 Words in Sch. 9 para. 1(1) substituted (1.9.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 19 para. 16; S.I. 2004/2184, art. 2(2), Sch. 2

F3 Word in Sch. 9 para. 1(2) substituted (1.4.2019) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 51(a)(i) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(b)

F4 Words in Sch. 9 para. 1(2) substituted (1.4.2019) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 51(a)(ii) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(b)

F5 Words in Sch. 9 para. 1(3) inserted (1.4.2019) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 51(b) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(b)

F6 Words in Sch. 9 para. 1(4) substituted (1.4.2019) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 51(c) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(b)

Modifications etc. (not altering text)

C1 Sch. 9 para. 1(2) modified (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 12(5)(b), 324(3); S.I. 2010/298, art. 2, Sch. para. 4 (with art. 4(1))