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The Environment (Northern Ireland) Order 2002
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Changes and effects
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Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 46A inserted by 2011 c. 15 (N.I.) s. 32
- art. 46B inserted by 2011 c. 15 (N.I.) s. 33(1)
- art. 48A inserted by 2011 c. 15 (N.I.) s. 34
Commencement Orders yet to be applied to the The Environment (Northern Ireland) Order 2002:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Order into force:
- S.R. 2007/194 art. 2 commences (S.I. 2006/3336 (N.I.))
- S.R. 2011/285 art. 2 commences (2011 c. 15 (N.I.))
- S.R. 2012/13 art. 2 commences (2011 c. 23 (N.I.))
Duties of owners and occupiers of land included in ASSIN.I.
32.—(1) The owner or occupier of any land included in an ASSI shall not carry out or cause or permit to be carried out, on that land any operation specified in the declaration made under Article 28 in relation to the land unless—
(a)one of them has given the Department notice of a proposal to carry out the operation specifying its nature and the land on which it is proposed to carry it out; and
(b)one of the conditions specified in paragraph (3) is fulfilled.
(2) Paragraph (1) does not apply to an owner or occupier being a public body acting in the exercise of its functions.
(3) The conditions are—
(a)that the operation is carried out with the Department's written consent;
(b)that the operation is carried out in accordance with the terms of a management agreement under Article 34;
(c)that the operation is carried out in accordance with a management notice under Article 35.
(4) A consent under paragraph (3)(a) may be given—
(a)subject to conditions, and
(b)for a limited period,
as specified in the consent.
(5) If the Department does not consent, it shall give notice to that effect to the person who gave the notice under paragraph (1).
(6) The Department may, by notice given to every owner and occupier of any of the land included in the ASSI, or the part of the ASSI to which the consent relates—
(a)withdraw the consent; or
(b)modify it (or further modify it) in any way.
(7) The following—
(a)a consent under paragraph (3)(a) granting consent subject to conditions or for a limited period, and
(b)a notice under paragraph (5) or (6),
must include a notice of the Department's reasons for imposing the conditions, for the limitation of the period, for refusing consent, or for withdrawing or modifying the consent, and also a notice of the matters set out in paragraph (8).
(8) The matters referred to in paragraph (7) are—
(a)the rights of appeal under Article 33;
(b)the effect of paragraph (9); and
(c)in the case of a notice under paragraph (6), the effect of Article 37(1).
(9) A withdrawal or modification of a consent does not take effect until—
(a)the expiry of the period for appealing against it; or
(b)if an appeal is brought, its withdrawal or final determination.
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