The Conservation (Natural Habitats, &c.) Regulations 1994

Authorisations under the Pipe–lines Act 1962: application of general requirements

75.—(1) Regulations 48 and 49 (requirement to consider effect on European site) apply in relation to the granting of a pipe–line construction or diversion authorisation under the Pipe–lines Act 1962(1).

(2) Where in such a case the Secretary of State considers that any adverse effects of the plan or project on the integrity of a European site would be avoided by granting an authorisation for the execution of works for the placing of the proposed pipe–line or, as the case may be, the portion of the pipe–line to be diverted, along a midified route, he may, subject to the provisions of Schedule 1 to the Pipe–lines Act 1962, grant such an authorisation.

(3) Regulation 50 and 51 (requirement to review existing decisions and consents, &c.) apply to a pipe–line construction or diversion authorisation under the Pipe–lines Act 1962 unless–

(a) the works to which the authorisation relates have been completed before the site became a European site or, if later, the commencement of these Regulations, or

(b) the authorisation was granted subject to a condition as to the time within which the works to which it relates were to be begun and that time has expired without them having been begun, or

(c) it was granted for a limited period and that period has expired.

(4) Where on the review of such an authorisation the Secretary of State considers that any adverse effects on the integrity of a European site of the carrying out or, as the case may be, the continuation of the plan or project weould be avoided by a variation of the authorisation, he may vary it accordingly.

(5) In conjunction with the review of any such authorisation the Secretary of State shall review any direction deeming planning permission to be granted for the plan or project and may vary or revoke it.

(1)

1962 c. 58.