The Water Protection Zone (River Dee Catchment) (Procedural and Other Provisions) Regulations 1999

Reference of applications to the Secretary of State

8.—(1) The Secretary of State may, either in consequence of representations made to him or otherwise, give directions requiring applications for protection zone consent to be referred to him instead of being dealt with by the Agency.

(2) A direction under this regulation may relate either to a particular application or to applications of a class specified in the direction.

(3) Any application in respect of which a direction under this regulation has effect shall be referred by the Agency to the Secretary of State accordingly and upon doing so the Agency shall serve on every applicant to whose application the direction relates a notice—

(a) informing the applicant that the application has been referred to the Secretary of State;

(b) setting out the reasons (if any) given by the Secretary of State for issuing the direction; and

(c) setting out the provisions of this regulation regarding the determination by the Secretary of State of the application referred to him.

(4) Paragraphs (1)(a) and (3) of regulation 6 shall have effect in relation to an application referred to the Secretary of State under this regulation.

(5) Before determining an application referred to him under this regulation, the Secretary of State may cause an inquiry to be held with respect to the application or afford the applicant and the Agency an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(6) The Secretary of State shall exercise his power under paragraph (5) either to cause an inquiry to be held, or a hearing to be afforded, in any case where a request to be heard with respect to the application is made to him by the applicant or by the Agency in writing before the expiry of a period of 28 days beginning with the day on which the Agency, in accordance with paragraph (3), has informed the applicant that the application has been referred to the Secretary of State for determination.

(7) Where under this regulation the Secretary of State affords to an applicant and the Agency an opportunity of appearing before and being heard by a person appointed for the purpose, he shall also afford such an opportunity to every person who has made any representations or objection to the Secretary of State with respect to the application in question.

(8) The Secretary of State shall, if the requirements of this regulation are complied with, determine an application for consent referred to him by the Agency under this regulation by directing the Agency to refuse consent or to give consent under regulation 7 (either unconditionally or subject to such conditions as are specified in the direction).

(9) In complying with a direction under paragraph (8) to give a consent the Agency shall not be required to comply with the requirements of regulation 7(8).