The Five Estuaries Offshore Wind Farm Order 2025
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Change 1
8 Application and modification of legislative provisions
The following enactments do not apply in relation to the construction of any work or the carrying out of any operation for the purpose of or in connection with, the construction of the authorised development or any maintenance of any part of the authorised development— (a) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw making powers of the appropriate authority) to the Water Resources Act 1991; (b) the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991; (c) sections 23 (prohibition on obstructions etc. in watercourses) and 30 (authorisation of drainage works in connection with a ditch) of the Land Drainage Act 1991; (d) regulation 12 (requirement for environmental permit) of the 2016 Regulations in respect of a flood risk activity only; (e) the provisions of the Neighbourhood Planning Act 2017 in so far as they relate to the temporary possession of land under articles 30 (temporary use of land for carrying out the authorised development) and 31 (temporary use of land for maintaining the authorised development) of this Order; (f) Sections 6 (grass verges etc.) and 30 (unauthorised structures on seashore) of the Essex Act 1987; (g) Holland Haven Country Park Local Nature reserve byelaws made by Tendring District Council on 5th July 1995 under sections 20, 21(4) and 106 of the National Parks and Access to the Countryside Act 1949 in accordance with section 236 of the Local Government Act 1972; and (h) Regulation 6 of the Hedgerows Regulations 1997 is modified so as to read for the purposes of this Order only as if there were inserted after paragraph (1)(j) the following— (k) or for carrying out development which has been authorised by an order granting development consent pursuant to the Planning Act 2008. .
8 Application and modification of legislative provisions
The following enactments do not apply in relation to the construction of any work or the carrying out of any operation for the purpose of or in connection with, the construction of the authorised development or any maintenance of any part of the authorised development— (a) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw making powers of the appropriate authority) to the Water Resources Act 1991; (b) the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991; (c) sections 23 (prohibition on obstructions etc. in watercourses) and 30 (authorisation of drainage works in connection with a ditch) of the Land Drainage Act 1991; (d) regulation 12 (requirement for environmental permit) of the 2016 Regulations in respect of a flood risk activity only; (e) the provisions of the Neighbourhood Planning Act 2017 in so far as they relate to the temporary possession of land under articles 30 (temporary use of land for carrying out the authorised development) and 31 (temporary use of land for maintaining the authorised development) of this Order; (f) Sections 6 (grass verges etc.) and 30 (unauthorised structures on seashore) of the Essex Act 1987; (g) Holland Haven Country Park Local Nature reserve byelaws made by Tendring District Council on 5th July 1995 under sections 20, 21(4) and 106 of the National Parks and Access to the Countryside Act 1949 in accordance with section 236 of the Local Government Act 1972; and (h) Regulation 6 of the Hedgerows Regulations 1997 is modified so as to read for the purposes of this Order only as if there were inserted after paragraph (1)(j) the following— (k) or for carrying out development which has been authorised by an order granting development consent pursuant to the Planning Act 2008. .
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