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SCHEDULE 2APPLICATIONS BY THE AGENCY

Agency application in National Parks or the Broads

4.—(1) Subject to sub–paragraph (4), where an Agency application relates to abstraction or impounding in the area of a National Park or the Norfolk or Suffolk Broads, the Agency must serve notice in writing of the application on the National Park authority for that National Park or the Broads Authority (as the case may be).

(2) Subject to sub–paragraph (3), the notice must include—

(a)a copy of the application;

(b)the information referred to in paragraph 2(3); and

(c)a statement that the authority may make representations in writing to the Agency in relation to the application within 28 days beginning on the date on which the notice is served.

(3) A notice must not include any information which appears to the Agency to be information that is commercially confidential.

(4) Sub–paragraph (1) does not apply if—

(a)the application is one to which section 51(4) applies; or

(b)in the case of an application in relation to a licence relating to abstraction or impounding, the relevant authority has notified the Agency that publication would be contrary to the interests of national security.

(5) In paragraph (4) “the relevant authority” means—

(a)in the case of an application in relation to abstraction or to impounding works in England, the Secretary of State; and

(b)in the case of an application in relation to abstraction or to impounding works in Wales, the Secretary of State or the Assembly.