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The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995

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Power of acquisition

Power of acquisition

27.—(1) Where the Department is satisfied—

(a)that it is unable to enter into a management agreement with any person having estate in any land within a European site, on terms appearing to it to be reasonable; and

(b)that it is expedient for the purposes of conserving land within a European site;

the Department may, in accordance with arrangements approved by the Department of Finance and Personnel, acquire such land, or any land necessary for the purpose of providing a means of access to such land, by agreement (whether by way of purchase, lease or exchange) or otherwise.

(2) Where, for any of the purposes referred to in paragraph (1), the Department desires to acquire otherwise than by agreement any land, the Department may make an order vesting that land in the Department.

(3) Section 97(2) and (3) of, and Schedule 6 to, the Local Government Act (Northern Ireland) 1972(1) shall apply subject to the modifications specified in Schedule 1 for the purpose of the making of vesting orders under this regulation.

(4) Where the Department is of the opinion that any land acquired under this regulation would be more expediently or efficiently managed or conserved in the public interest by any person, the Department may, in accordance with arrangements approved by the Department of Finance and Personnel, convey, either for value or otherwise and upon such terms and conditions as the Department may think fit, that land to that person, and may—

(i)impose such restrictions as the Department may think necessary on the user of the land so conveyed; and

(ii)grant or reserve such rights over such land as the Department may think fit.

(5) Without prejudice to paragraph (4), the Department may, in accordance with arrangements approved by the Department of Finance and Personnel, dispose of any land acquired under this regulation which the Department no longer requires for any of the purposes referred to in paragraph (1), upon such terms and conditions as the Department may think fit, and may impose restrictions and grant or reserve rights as if the land were conveyed under paragraph (4).

(6) Nothing in section 5 of the Stormont Regulation and Government Property Act (Northern Ireland) 1933(2) (which relates to the taking and disposal of land for the public services) shall affect the disposal by the Department of land acquired under this regulation.

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