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Marine and Coastal Access Bill [HL]

Amendment A370T A370T: Schedule 20, page 291, line 44, leave out sub-paragraphs (2) to (4) and insert— "(2) For sub-paragraph (1) substitute— "(1) This paragraph applies if an objection to the application was made to the appropriate authority and has not been withdrawn. (1A) This paragraph does not apply if— (a) the appropriate authority decides that the application is not to proceed further, (b) the appropriate authority considers that the objection is frivolous or trivial, (c) the objection does not specify the grounds on which it is made, or (d) the objection was not made within the period allowed for making it. (1B) Before deciding the application under paragraph 19, the appropriate authority may— (a) cause an inquiry to be held, or (b) give to the person who made the objection an opportunity of appearing before, and being heard by, a person appointed by the appropriate authority. (1C) If the objection— (a) was made by the Welsh Ministers to the Secretary of State, and (b) is not an objection regarding compulsory acquisition of a parcel of land, the Secretary of State must cause an inquiry to be held under sub-paragraph (1B)(a). (1D) If, in a case where sub-paragraph (1C) does not apply,— (a) the objection was made by a person within sub-paragraph (1E), and (b) that person makes a request in writing to the appropriate authority that the objection be referred to an inquiry or dealt with in accordance with sub-paragraph (1B)(b), the appropriate authority must either cause an inquiry to be held under sub-paragraph (1B)(a) or cause the objection to be dealt with in accordance with sub-paragraph (1B)(b), as the appropriate authority may determine. (1E) The persons within this sub-paragraph are— (a) in the case of an application to the Secretary of State, the Welsh Ministers; (b) any local authority for an area in which the harbour (or any part of it) is situated; (c) the relevant conservation body; (d) if the order will authorise the compulsory acquisition of land, any person who is entitled to be served with notice under paragraph 11.". (3) In sub-paragraph (2)— (a) for "sub-paragraph (1)(a)" substitute "sub-paragraph (1B)(b)", (b) for "Secretary of State" substitute "appropriate authority", and (c) for "he" substitute "the authority". (4) In sub-paragraph (3)— (a) for "Secretary of State" substitute "appropriate authority", (b) omit paragraph (a), and (c) in paragraph (b), for "he" substitute "the appropriate authority"."