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The Environment (Northern Ireland) Order 2002

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This is the original version (as it was originally made).

Declaration of ASSI

This section has no associated Explanatory Memorandum

28.—(1) Where the Department after consultation with the Council for Nature Conservation and the Countryside (“the Council”), is satisfied—

(a)that an area of land is of special interest by reason of any of its flora, fauna, or geological, physiographical or other features, and

(b)that accordingly it needs to be specially protected,

the Department shall make a declaration that the area is an area of special scientific interest.

(2) A declaration under paragraph (1) shall specify—

(a)the flora, fauna, or geological, physiographical or other features by reason of which the land is of special interest, and

(b)any operations appearing to the Department to be likely to damage that flora or fauna or those features,

and shall contain a statement of the Department’s views about the management of the land (including any views the Department may have about the conservation and enhancement of that flora or fauna or those features).

(3) Where the Department makes a declaration under paragraph (1) in relation to any land, it shall give notification of that fact—

(a)to each district council in whose district the land is wholly or partially situated; and

(b)to every owner and occupier of any of that land.

(4) A notification under paragraph (3) shall—

(a)set out the terms of the declaration;

(b)specify the time (not being less than three months from the date of the giving of the notification) within which, and the manner in which, representations or objections with respect to the declaration may be made

(5) The Department shall also publish in at least two newspapers circulating in the area in which the land is situated notice—

(a)of the making of the declaration; and

(b)of the places (at least one of which is in that area) at which a copy of the declaration may be inspected at all reasonable hours.

(6) The Department shall—

(a)consider any representation or objection duly made within the time specified in the notification;

(b)within three months of that time either—

(i)confirm the declaration (with or without modifications); or

(ii)rescind the declaration; and

(c)give notice of its decision to the persons mentioned in paragraph (3).

(7) The Department’s power under paragraph (6)(b) to confirm a declaration with modifications shall not be exercised so as—

(a)add to the operations specified in the declaration; or

(b)extend the area to which it applies.

(8) A declaration under paragraph (1) has effect as from the time it is made by the Department.

(9) If such a declaration is confirmed with modifications under paragraph (6) (b)(i), the declaration has effect in its modified form as from the time it is so confirmed by the Department.

(10) If such a declaration is rescinded under paragraph (6)(b)(ii), it ceases to have effect as from the time it is rescinded by the Department.

(11) In this Part “ASSI” means an area of land in relation to which a declaration under paragraph (1) has effect.

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