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The Environment (Northern Ireland) Order 2002

Status:

This is the original version (as it was originally made).

Supplementary

Matters affecting agriculture, forestry and inland fisheries

48.—(1) It shall be the duty of the Department and the Council and any other body having functions under this Part in the exercise of such functions to have due regard to the needs of agriculture, forestry and fisheries.

(2) In the exercise of its functions under this Part the Department shall have due regard to any representations made to it on behalf of persons engaged in agriculture, forestry or fisheries by the Department of Agriculture and Rural Development or (in the case of inland fisheries) the Department of Culture, Arts and Leisure.

(3) Nothing in this Part shall make unlawful anything done under the Diseases of Animals (Northern Ireland) Order 1981 (NI 22).

Application of this Part to the Crown

49.—(1) Subject to the following provisions of this Article, this Part binds the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.

(2) Articles 32 to 37 do not apply to the Crown as owner or occupier of any land.

(3) No contravention by the Crown of any provision of this Part shall make the Crown criminally liable; but the High Court may, on the application of the Department, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(4) If the Secretary of State certifies that it appears to him, as respects any land held or used by or on behalf of the Crown and any power of entry exercisable under Article 44 in relation to it, that it is requisite or expedient that, in the interests of national security, the power should not be exercisable in relation to that land, that power shall not be exercisable in relation to that land .

(5) In this Article any reference to the Crown includes the Crown in right of Her Majesty’s Government in the United Kingdom

Statutory charges

50.  In Schedule 11 to the Land Registration Act (Northern Ireland) 1970 (c. 18) (matters which are statutory charges)—

(a)in paragraph 39 for “17 or 24(8)(a)” substitute “or 17”; and

(b)at the end there shall be added—

43.  Any declaration under Article 28(1) of the Environment (Northern Ireland) Order 2002, any management agreement under Article 34 of that Order or any waiver relating thereto and any management notice under Article 35 of that Order..

Transitional provisions relating to this Part

51.  Schedule 4 (which contains transitional provisions relating to this Part) shall have effect.

Interpretation of this Part

52.—(1) In this Part—

“ASSI” has the meaning given by Article 28(11);

“the Council” has the meaning given by Article 28(1);

“management agreement” has the meaning given by Article 34(1);

“management notice” has the meaning given by Article 35(3);

“notice” and “notification” mean notice or notification in writing;

“operation” includes activity;

“owner”, in relation to any land, means any person who has an estate in the land;

“public body” has the meaning given by Article 38(3).

(2) Where a declaration under Article 28(1) has been—

(a)modified under Article 28(6),

(b)varied under Article 29(1),

(c)varied with modifications under Article 29(5),

(d)extended under Article 30(1), or

(f)extended with modifications under Article 30(7),

a reference in any statutory provision (including this Order) to such a declaration (however expressed) is (unless the context otherwise requires) a reference to the declaration as thus altered.

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