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Wildlife and Natural Environment Act (Northern Ireland) 2011

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Notification of change of owner or occupier

This section has no associated Explanatory Notes

32.  After Article 46 of the Environment Order insert—

Notification of change of owner or occupier

46A.(1) This Article applies where the owner of land included in an ASSI

(a)disposes of an interest in the land; or

(b)becomes aware that it is occupied by an additional or a different occupier.

(2) If this Article applies, the owner shall send a notice to the Department before the end of the period of 28 days beginning with the date on which he disposed of the interest or became aware of the change in occupation.

(3) The notice is to specify the land concerned and—

(a)in a case falling within paragraph (1)(a), the date on which the owner disposed of the interest in the land, and the name and address of the person to whom he disposed of the interest; or

(b)in a case falling within paragraph (1)(b), the date on which the change of occupation took place (or, if the owner does not know the exact date, an indication of when to the best of the owner’s knowledge it took place), and, as far as the owner knows them, the name and address of the additional or different occupier.

(4) A person who fails without reasonable excuse to comply with the requirements of this Article is guilty of an offence and is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(5) For the purposes of paragraph (1), an owner “disposes of” an interest in land if he disposes of it by way of sale, exchange or lease, or by way of the creation of any easement, right or privilege, or in any other way except by way of mortgage..

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