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The Environment (Northern Ireland) Order 2002

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This is the original version (as it was originally made).

Duties of owners and occupiers of land included in ASSI

This section has no associated Explanatory Memorandum

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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