Publicity of environmental information2

1

After section 6(2A) of the Act there shall be inserted—

2B

The power to make rules by virtue of subsection (2) above includes a power to make rules as to the publicity to be given to any environmental information provided in relation to an application made under this section.

2

For section 7(3)(b) of the Act there shall be substituted—

b

publish a notice of his intention to make the order, which notice shall include such particulars as may be prescribed, in the London Gazette and in a local newspaper circulating in the area (or each of the areas) in which the proposals contained in the draft order are intended to have effect, and

3

For section 9(3)(a) of the Act there shall be substituted—

a

publish a like notice in a local newspaper circulating in the area (or each of the areas) in which the proposals contained in the application are intended to have effect, and

4

For section 14(2) of the Act there shall be substituted—

2

A notice under subsection (1)(a) above shall give—

a

the reasons for the determination and the considerations upon which it is based;

b

information about the public participation process; and

c

information regarding the right to challenge the validity of the determination and the procedures for doing so.

2A

A notice under subsection (1)(b) above shall state—

a

the terms of the determination;

b

that the notice under subsection (1)(a) above gives the information referred to in subsection (2)(a) to (c) above; and

c

where copies of the notice under subsection (1)(a) above may be obtained.

5

For section 14(4) there shall be substituted—

4

Where the Secretary of State makes a determination under section 13(1) above, the appropriate person shall publish a notice in a local newspaper circulating in the area, or in each of the areas, in which the relevant proposals are or were intended to have effect; and such notice shall state the information referred to in subsection (2A) (a) to (c) above.

4A

In subsection (4)—

a

in relation to an application for an order under section 1 or 3 above—

i

“appropriate person” means the person who applied for the order;

ii

“relevant proposals” means the proposals contained in the application;

b

in relation to a proposal to make an order by virtue of section 7 above—

i

“appropriate person” means the Secretary of State;

ii

“relevant proposals” means the proposals contained in the draft order prepared by the Secretary of State pursuant to section 7.