99 Navigation
Energy Act 2004 (2004 c 20) | Legislation

Navigation and civil aviation

99 Ìý±·²¹±¹¾±²µ²¹³Ù¾±´Ç²Ô

(1)     After section 36 of the 1989 Act insert—

“36A Declarations extinguishing etc public rights of navigation

(1)     Where a consent is granted by the Secretary of State or the Scottish Ministers in relation to—

(a)     the construction or operation of a generating station that comprises or is to comprise (in whole or in part) renewable energy installations situated at places in relevant waters, or

(b)     an extension of a generating station that is to comprise (in whole or in part) renewable energy installations situated at places in relevant waters or an extension of such an installation,

he or (as the case may be) they may, at the same time, make a declaration under this section as respects rights of navigation so far as they pass through some or all of those places.

(2)     The Secretary of State or the Scottish Ministers may make such a declaration only if the applicant for the consent made an application for such a declaration when making his application for the consent.

(3)     A declaration under this section is one declaring that the rights of navigation specified or described in it—

(a)     are extinguished;

(b)     are suspended

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