The M3 Junction 9 Development Consent Order 2024
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Change 1
3 Disapplication of legislative provisions
(1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development and, within any maintenance period defined in article 35(11), any maintenance of any part of the authorised development— (a) regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016 in relation to the carrying on of a flood risk activity; (b) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (bye-law making powers of the appropriate agency) to the Water Resources Act 1991; (c) the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991 including, but not limited to, the Southern Water Authority Land Drainage and Sea Defence Byelaws 1981; (d) sections 28E (duties in relation to sites of special scientific interest) and 28H (Statutory undertakers, etc.: duty in relation to carrying out operations) of the Wildlife and Countryside Act 1981; and (e) in so far as they relate to the temporary possession of land, the provisions of the Neighbourhood Planning Act 2017. (2) In paragraph 3(1)(a) “flood risk activity” has the meaning given in the Environmental Permitting (England and Wales) Regulations 2016.
3 Disapplication of legislative provisions
(1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development and, within any maintenance period defined in article 35(11), any maintenance of any part of the authorised development— (a) regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016 in relation to the carrying on of a flood risk activity; (b) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (bye-law making powers of the appropriate agency) to the Water Resources Act 1991; (c) the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991 including, but not limited to, the Southern Water Authority Land Drainage and Sea Defence Byelaws 1981; (d) sections 28E (duties in relation to sites of special scientific interest) and 28H (Statutory undertakers, etc.: duty in relation to carrying out operations) of the Wildlife and Countryside Act 1981; and (e) in so far as they relate to the temporary possession of land, the provisions of the Neighbourhood Planning Act 2017. (2) In paragraph 3(1)(a) “flood risk activity” has the meaning given in the Environmental Permitting (England and Wales) Regulations 2016.
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