4AVAdditional information to be given to the Secretary

4AV Additional information to be given to the Secretary

(1) The applicant must give to the Secretary, at the time of making the application to which regulation 4AU applies: (a) a copy of the notice as published and displayed under regulation 4AU; and (b) evidence of the publication and display of the notice in accordance with that regulation; and (c) a copy of all written public comments received in response to the notice given under regulation 4AU; and (d) a statement signed by the applicant: (i) confirming that those public comments were the only written public comments received; and (ii) outlining how those public comments have been taken into account in the application. (2) For paragraph (1)(b), an applicant who is unable to produce evidence that a notice was displayed as required by subregulation 4AU(4), is taken to have complied with that subregulation if the applicant gives to the Secretary evidence that: (a) the applicant took all reasonable steps to ensure that the notice was displayed in accordance with that subregulation; and (b) the notice was so displayed for at least a part of the period mentioned in that subregulation; and (c) any failure so to display the notice for the remainder of that period was not the applicant’s fault.