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

Status:

This is the original version (as it was originally made).

Miscellaneous

Local or public authorities

6.  In Article 2(2) of the Nature Conservation and Amenity Lands Order (interpretation) in the definition of “local or public authority”—

(a)for “Government Loans Act (Northern Ireland) 1957” there shall be substituted “Financial Provisions (Northern Ireland) Order 1983”;

(b)for “section 2 of that Act” there shall be substituted “Article 8 of that Order”.

Disposal of amenity lands

7.  In Article 6(4) of the Nature Conservation and Amenity Lands Order (acquisition and disposal of amenity lands)—

(a)for the words from “by” to the end of sub-paragraph (d) there shall be substituted “by any person”;

(b)for “the said Trust, government department or local or public authority or other body” there shall be substituted “that person”.

Nature reserves

8.—(1) In Article 16(1)(a) of the Nature Conservation and Amenity Lands Order (declarations in relation to nature reserves) after “Article 6” there shall be inserted “, 24 or 25”.

(2) In Article 17(3)(b) of the Nature Conservation and Amenity Lands Order (agreements for management of land as nature reserve) for “paragraph (2)” there shall be substituted “sub-paragraph (a)”.

Power to carry out works and provide facilities on certain acquired land

9.  In Article 10 of the Nature Conservation and Amenity Lands Order (power of Department to carry out works and provide facilities)—

(a)in paragraph (1) after “Article 6” there shall be inserted “, 24 or 25”;

(b)in paragraph (4)—

(i)after “nature reserve” there shall be inserted “or land acquired under Article 24 or 25”;

(ii)after “that reserve” in the first place where it occurs there shall be inserted “or land”;

(iii)in sub-paragraph (c) at the end there shall be added “or, as the case may be, for use on, or in relation to, that land”.

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)”.

Compensation

11.—(1) In Article 26 of the Nature Conservation and Amenity Lands Order (compensation)—

(a)in paragraph (1)(a) for “section 10(1) of the Planning and Land Compensation Act (Northern Ireland) 1971” there shall be substituted “Article 2(2) of the Planning Blight (Compensation) (Northern Ireland) Order 1981”;

(b)in paragraph (2) for “Article 25(1)(a)” there shall be substituted “Article 25(1)(b)(i)”;

(c)in paragraph (6) for “paragraph (2)” there shall be substituted “paragraph (1)”.

(2) Nothing in sub-paragraph (c) of paragraph (1) shall affect the assessment of compensation under Article 26(2) of the Nature Conservation and Amenity Lands Order for any claim made before that sub-paragraph comes into operation.

Byelaws

12.  In Article 30(1)(a) of the Nature Conservation and Amenity Lands Order (byelaws made by Department) after “Article 6” there shall be inserted “, 24 or 25”.

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