Planning and Development (Strategic Infrastructure) Act 2006

Amendment of section 146 of Principal Act.

29.— Section 146 of the Principal Act is amended by substituting the following subsections for subsections (3) and (4):

“(3) Where, during the consideration by it of any matter falling to be decided by it in performance of a function under or transferred by this Act or any other enactment, the Board either—

(a) is required by or under this Act or that other enactment to supply to any person documents, maps, particulars or other information in relation to the matter, or

(b) considers it appropriate, in the exercise of its discretion, to supply to any person such documents, maps, particulars or information (‘relevant material or information’),

subsection (4) applies as regards compliance with that requirement or such supply in the exercise of that discretion.

(4) It shall be sufficient compliance with the requirement referred to in subsection (3) for the Board to do both of the following (or, as appropriate, the Board, in the exercise of the discretion referred to in that subsection, may do both of the following), namely:

(a) make the relevant material or information available for inspection—

(i) at the offices of the Board or any other place, or

(ii) by electronic means;

and

(b) notify the person concerned that the relevant material or information is so available for inspection.

(5) Within 3 days following the making of a decision on any matter falling to be decided by it in performance of a function under or transferred by this Act or under any other enactment, the documents relating to the matter—

(a) shall be made available by the Board for inspection at the offices of the Board by members of the public, and

(b) may be made available by the Board for such inspection—

(i) at any other place, or

(ii) by electronic means,

as the Board considers appropriate.

(6) Copies of the documents referred to in subsection (5) and of extracts from such documents shall be made available for purchase at the offices of the Board, or such other places as the Board may determine, for a fee not exceeding the reasonable cost of making the copy.

(7) The documents referred to in subsection (5) shall be made available by the means referred to in paragraph (a) of that subsection for a period of at least 5 years beginning on the third day following the making by the Board of the decision on the matter concerned.”.