| |
Chapter 3
Amendment of Planning and Development Act 2000
|
|
|
|
Amendment of section 182A of Act of 2000
|
| |
246. Section 182A of the Act of 2000 is amended—
|
|
| |
(a) in subsection (1), by the substitution of “Subject to subsection (1B) and section 182AA, where” for “Where”,
|
|
| |
(b) in subsection (1A)(b) and (c), by the insertion of “in the maritime area” after “owner of the land”, and
|
|
| |
(c) by the insertion of the following subsection after subsection (1A):
|
|
| |
“(1B) (a) Subject to paragraph (b), the proposed development shall not include any development (which may be all or part of such proposed development and which is referred to in this subsection as the ‘development concerned’) in the maritime area where a licence (referred to in this subsection as the ‘licence concerned’) under section 3 of the Act of 1933 has been granted, on or before the commencement of section 246 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023, in respect of the development concerned.
|
|
| |
(b) Where the proposed development required, as appropriate—
|
|
| |
(i) an environmental impact assessment,
|
|
| |
(ii) an appropriate assessment, or
|
|
| |
(iii) both an environmental impact assessment and an appropriate assessment,
|
|
| |
to be carried out, paragraph (a) shall not apply to the development concerned unless that assessment was, or those assessments were, as the case may be, carried out before the grant of the licence concerned.
|
|
| |
(c) Where paragraph (a) applies to the development concerned, the provisions of section 3 of the Act of 1933 relevant to the licence concerned shall be deemed to apply to the carrying out of the proposed development.”.
|
