Energy (Miscellaneous Provisions) Act 2006

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PART 8

Effect of Certain Amendments Made To Planning and Development Act 2000

Certain development approvals under Part XI of Planning and Development Act 2000.

22.— (1) In this section—

“ Act of 2000 ” means the Planning and Development Act 2000 ;

“ Act of 2006 ” means the Planning and Development (Strategic Infrastructure ) Act 2006.

(2) In subsections (3) to (5) a reference to a numbered section without qualification is a reference to the section so numbered that has been inserted in the Act of 2000 by the Act of 2006.

(3) No approval shall be required under—

(a) section 181B,

(b) section 182B, or

(c) section 182D,

in relation to development referred to in section 181A, 182A or 182C, respectively, if—

(i) in the case of development referred to in section 181A, a notification in respect of the development has been published, before the commencement of this section, in accordance with regulations under section 181(1)(b) of the Act of 2000 (whether or not the development has been commenced or completed before the commencement of this section),

(ii) in the case of development referred to in section 182A, the development has been the subject of—

(I) a grant of permission under section 34 of the Act of 2000 before the commencement of this section and that permission is in force immediately before such commencement, or

(II) an application made, before the commencement of this section, in accordance with the Act of 2000 and regulations thereunder for the grant of such a permission and that application does not stand withdrawn before the commencement of this section,

(iii) in the case of development referred to in section 182C, the development has been the subject of—

(I) a grant of consent under section 39A or 40 of the Act of 1976 before the commencement of this section and that consent is in force immediately before such commencement, or

(II) an application made, before the commencement of this section, in accordance with the Act of 1976 and regulations thereunder for the grant of such a consent and that application does not stand withdrawn before the commencement of this section.

(4) Nothing in section 182C or any other provision of the Act of 2000 shall be read as meaning that, notwithstanding the permission granted under section 34 of the Act of 2000 in respect of that terminal before such commencement, a permission—

(a) under section 34 or 37G of the Act of 2000, and

(b) granted after the commencement of the amendments of that Act made by the Act of 2006,

is required, either in circumstances generally or in the circumstances referred to in subsection (5), in respect of the terminal referred to in subsection (6).

(5) The circumstances mentioned in subsection (4) are that an application is made under section 182C in relation to a development which, if it is carried out, will consist of the alteration or modification of the terms of the strategic gas infrastructure development referred to in subsection (6) other than the terms of that development that comprise the terminal referred to in that subsection.

(6) The terminal mentioned in subsections (4) and (5) is a terminal comprised in a strategic gas infrastructure development (within the meaning of the Act of 2000) the pipeline comprised in which development has been the subject of a consent referred to in subsection (3)(iii)(I).