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

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Regulation 27(3)

SCHEDULE 1Modifications of Schedule 6 to Local Government Act (Northern Ireland) 1972 for the purposes of Regulation 27(3)

1.  References to the Department or to the council shall be construed as references to the Department within the meaning of these Regulations.

2.  References to Schedule 6 to the Local Government Act (Northern Ireland) 1972(1) shall be construed as references to that Schedule as modified by this Schedule.

3.  Omit paragraph 1.

4.  In paragraph 2—

(a)for the words from the beginning to “directs” substitute “Where the Department proposes to acquire land otherwise than by agreement, it shall give notice of its intention to do so, and such notice”;

(b)in sub-paragraph (c) for the words “as may be prescribed” substitute the words “as the Department considers fit”.

5.  In paragraph 3(1)(ii) for the word “refuse” substitute “decide not”.

6.  In paragraph 4 omit the words from “and may provide” onwards.

7.  In paragraph 5—

(a)in sub-paragraph (1)(a) omit the words “in the prescribed form and manner”;

(b)in sub-paragraph (1)(b) the two references to the said Act of 1972 shall be construed as references to these Regulations;

(c)in sub-paragraph (1)(d) omit the words “in the prescribed form”;

(d)in sub-paragraph (2) for the words “as may be prescribed” substitute the words “as the Department considers fit”.

8.  In paragraph 6(2) for the words “fund out of which the expenses of the council in acquiring the land are to be defrayed” substitute the words “Consolidated Fund” and for the words “out of the Compensation Fund” there shall be substituted the words “made by the Department”.

9.  In paragraph 11(3) omit the words “in the prescribed form”.

10.  In paragraph 12—

(a)in sub-paragraph (1) omit the words “such” and “as may be prescribed”;

(b)in sub-paragraph (2) for the words from “clerk” to “directs” substitute the words “Department as correct, and publish”.

11.  In paragraph 14(1) omit the words “in the prescribed form”.

12.  In paragraph 15(1) for the words “in the prescribed form” substitute the words “in such form as may be approved by the Department”.

13.  Omit paragraph 19.

14.  Omit paragraph 20(2).

Regulation 33

SCHEDULE 2European Protected Species of Animals

Common NameScientific Name
Note: The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
Bats, Typical (all species)Vespertilionidae
Dolphins, porpoises and whales (all species)Cetacea
Otter, CommonLutra lutra

Regulation 36(1)(a)

SCHEDULE 3Animals which may not be taken or killed in certain ways

Common NameScientific Name
Note: The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
Hare, MountainLepus timidus
Lamprey, RiverLampetra fluviatilis
Marten, PineMartes martes
Salmon, AtlanticSalmo salar (only in fresh water)
Seal, CommonPhoca vitulina
Seal, GreyHalichoerus grypus
Shad, AllisAlosa alosa
Shad, TwaiteAlosa fallax

Regulation 37

SCHEDULE 4European Protected Species of Plants

Common NameScientific Name
Note: The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
Fern, KillarneyTrichomanes speciosum
Saxifrage, Yellow MarshSaxifraga hirculus

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