SCHEDULE 9 Preservation of Amenity and Fisheries
Electricity Act 1989 (1989 c 29) | Legislation

SCHEDULE 9 Preservation of Amenity and Fisheries

Section 38

Preservation of amenity: England and Wales

1

(1)     In formulating any relevant proposals, a licence holder or a person authorised by exemption to [generate, [distribute, supply or participate in the transmission of] electricity]—

(a)     shall have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest and of protecting sites, buildings and objects of architectural, historic or archaeological interest; and

(b)     shall do what he reasonably can to mitigate any effect which the proposals would have on the natural beauty of the countryside or on any such flora, fauna, features, sites, buildings or objects.

(2)     In considering any relevant proposals for which his [its] consent is required under section 36 or 37 of this Act, the Secretary of State [appropriate authority] shall have regard to—

(a)     the desirability of the matters mentioned in paragraph (a) of sub-paragraph (1) above; and

(b)     the extent to which the person by whom the proposals were formulated has complied with his duty under paragraph (b) of that sub-paragraph.

(3)     In this paragraph—

[“appropriate authority†has the meaning given by section 36(10)(b) or (c) of this Act;]

Powered by Lexis+®
 

Popular documents

LEXISNEXIS

Direct discrimination

Direct discriminationIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an

LEXISNEXIS

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for

LEXISNEXIS

Money laundering offences—tipping off and prejudicing an investigation

Money laundering offences—tipping off and prejudicing an investigationTipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities

LEXISNEXIS

CPR Part 8 claims (alternative procedure for claims)

CPR Part 8 claims (alternative procedure for claims)This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further