Mr. Tom Flynn:

In the absence of an explanatory memorandum, it is hard to know what is behind it. It seems to go beyond minor errors because if that was the case, then why not amend the existing section? There is an argument and a case for that. The difficulty is that even minor amendments have significant effects. For example, let us say someone puts in an application for 18 wind farms and the board's decision grants permission but it refers to 17 wind farms. You could say that was just a mistake. However, there is a different in environmental impacts and planning impacts between 18 and 17. You could argue that there is a formality to the board's decision. It has a legal consequence. One person might think a making a change like that is minor, but it is not minor. Applicants will contest this.

I would just make one observation. I do not know whether this is being considered. In the analogous integrated pollution control licensing regime, which is operated by the EPA, there is an application process and submissions and all the rest. The EPA produces a draft licence for proposed determination saying it is going to grant permission for an intensive pig farm or an incinerator and stating what it is proposing for the licence, including the scope, the conditions and all the rest. It then leaves that draft determination our for consultation and people can look at that. Ultimately, that becomes the final determination. There may be merit in looking at this issue. I do not know whether it is being considered. There is no solution that is perfect but perhaps the board could issue a draft proposed permission with the conditions and leave it there for four weeks. Then someone, like a developer, could come along and point out that there is a mistake, the board has got something wrong and they are looking for 18 wind farms, not 17, and ask it to change that The difference there is that you would not have the final legal decision, in a sense. That could deal with those types of scenarios where there are difficulties or flaws in the decision. That is not a perfect solution. It is not without its problems but it is something that may be worth considering.