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The Nature Conservation and Amenity Lands (Amendment) (Northern Ireland) Order 1989

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This is the original version (as it was originally made).

Areas of special scientific interest

10.—(1) In Article 24(1) of the Nature Conservation and Amenity Lands Order (declaration of areas of special scientific interest) for “may” there shall be substituted “shall”.

(2) In Article 25 of the Nature Conservation and Amenity Lands Order (conservation of areas of special scientific interest)—

(a)in paragraph (1) for sub-paragraphs (a) to (c) there shall be substituted—

(a)in the case of any operation or activity which, in the opinion of the Department, would not cause any damage to the scientific interest of the area,—

(i)a person has given notice to the Department of a proposal to carry out the operation or activity; and

(ii)the operation or activity is carried out with the Department’s written consent; and

(iii)the Department has not served on him notice of its intention to acquire the land compulsorily; or

(b)in the case of any other operation or activity,—

(i)the owner or occupier has given written notice to the Department of a proposal to carry out the operation or activity, specifying its nature and the land on which it is proposed to carry it out; and

(ii)one of the conditions set out in paragraph (2) is fulfilled; and

(iii)the Department has not served on him notice of its intention to acquire the land compulsorily.;

(b)in paragraph (2) for “paragraph (1)(b)” there shall be substituted “paragraph (1)(b)(ii)”;

(c)in paragraph (3)(a) for “paragraph (1)(a)” there shall be substituted “paragraph (1)(b)(i)”;

(d)in paragraph (7)(a) for “on an application under Part IV” there shall be substituted “under Articles 17 and 19”;

(e)in paragraph (10), in the definition of “the initial period” for “paragraph (1)(a)” there shall be substituted “paragraph (1)(b)(i)”.

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