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The Environment (Northern Ireland) Order 2002

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Variation of declaration

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29.—(1) At any time after a declaration has been confirmed (with or without modifications) under Article 28(6), the Department may vary the matters specified or stated in the confirmed declaration (whether by adding to them, changing them, or removing matter from them).

(2) The area of land cannot be varied under this Article.

(3) Where the Department varies a declaration in relation to any land under paragraph (1) it shall give notice setting out the variation to—

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

(b)every owner and occupier of any of the land who in the opinion of the Department may be affected by the variation.

(4) A notice under paragraph (3) shall specify the time (not being less than three months from the date of the giving of the notice) within which, and the manner in which, representations or objections with respect to it may be made

(5) The Department shall—

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

(b)within three months of that time either—

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

(ii)rescind the variation; and

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

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

(7) If such a variation is confirmed with modifications under paragraph (5)(b)(i), the variation has effect in its modified form as from the time it is so confirmed by the Department.

(8) If such a variation is rescinded under paragraph (5)(b)(ii), the variation ceases to have effect as from the time it is rescinded by the Department.

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