The Transport and Works (Applications, Objections and Inquiries Procedure) (Amendment) (England and Wales) Rules 2023
Jurisdiction: England & Wales
Commencement: 11th August 2023
Amends: Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006
They set out the application process for Orders under Part 1 of the Transport and Works Act 1992 relating to railways, tramways, and inland waterways.
Section 1 of the Transport and Works Act 1992 gives powers to the Secretary of State to make an order relating to the construction or operation of a railway, tramway, a trolley vehicle system, or a system using a model of guided transport.
Section 3 of the Transport and Works Act 1992 gives powers to the Secretary of State to make an order relating to the construction or operation of an inland waterway, or the carrying out of works which interfere with rights of navigation.
These Rules set out the application procedure for Section 1 and Section 3 orders. Applications are made by the promoters of schemes (either public authorities or private companies) to the relevant Secretary of State or to the National Assembly for Wales in respect of projects wholly in Wales.
The applicant must send to the relevant Secretary of State a draft of the proposed order and a draft of the explanatory memorandum. Where necessary, environmental information must be provided.
The application will be screened to decide whether an environmental impact assessment is necessary and what is should cover.
The applicant may seek an opinion from the relevant Secretary of State (‘a scoping opinion’) on the information to be included in the environmental statement.
All application drafts should be accompanied by the appropriate documents and fee.
The applicant must publish notice of the application to allow objections and representations to be made. A consultation may also be held on the application.
The relevant Secretary of State may make or refuse an order.
From 11th August 2023, applications made under the Transport and Works Act 1992 may be submitted and progressed electronically, this includes public local inquiries. This has been done in order to transmit information quickly and to improve accessibility.
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