10.—(1) Article 38A is amended as provided for in paragraphs (2) to (6).
(2) In paragraph (1)—
(a)omit the “or” after sub-paragraph (a);
(b)at the end of sub-paragraph (b) for the comma substitute “ ; or ”;
(c)after sub-paragraph (b) insert—
“(c)Article 37A in relation to the construction of an LNG facility,”; and
(d)for “the Authority” substitute “the Authority or the Department (as the case may be).
(3) In paragraph (3) for “Article 37” substitute “ Article 38 ” and after “shall not be granted unless the facility” insert “ as intended to be modified ”.
(4) After paragraph (3) insert—
“(3A) Any direction under Article 38B in relation to an increase in the capacity of an LNG facility shall not be given unless the facility as intended to be modified meets the published criteria, and may be given subject to such conditions as appear to the Authority to be necessary or expedient to ensure that it does so.”.
(5) In paragraph (4) for “Article 36 or 38” substitute “ Article 36, 38 or 38B, ”.
(6) After paragraph (4) insert—
“(4A) Where the Department refuses to grant an application for a consent under Article 37A it shall by notice in writing—
(a)inform the person making the application (“the applicant”) of the fact;
(b)give the applicant the reasons for that refusal; and
(c)inform the applicant of any right to challenge the refusal.”.