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104.—(1) The assessment provisions apply in relation to the granting of a derogation under—
(a)Part 8 of the Nitrate Pollution Prevention Regulations 2015(1); or
(b)Part 3A of the Nitrate Pollution Prevention (Wales) Regulations 2013(2).
(2) Where the assessment provisions apply, the competent authority may, if it considers that any adverse effects of the plan or project on the integrity of a European site or a European offshore marine site would be avoided if the derogation were subject to conditions, grant the derogation, subject to those conditions.
S.I. 2015/668. Part 8 was amended by S.I. 2016/1190.
S.I. 2013/2506 (W. 245), Part 3A was inserted by S.I. 2015/2020 (W. 308).
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