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The Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007

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Reinstatement notices

26.—(1) If a person has carried out an uncultivated land project or a restructuring project in breach of—

(a)regulation 4, or

(b)regulation 9,

the Department may serve a notice (“a reinstatement notice”) on the person who appears to it to be responsible.

(2) A reinstatement notice may require the person—

(a)to reinstate, to the Department’s satisfaction, the relevant land to the condition it was in before the project was commenced, or

(b)to take such other steps as the Department thinks fit to return the relevant land to good environmental condition.

(3) A reinstatement notice must state the period during which the reinstatement is to be carried out.

(4) The Department may at any time—

(a)vary a reinstatement notice, or

(b)withdraw a reinstatement notice (without affecting its power to serve another),

by serving notice to that effect on the person served with the reinstatement notice.

(5) Any variation of a reinstatement notice under paragraph (4)(a) has effect from the date of service of the notice varying the reinstatement notice.

(6) A reinstatement notice ceases to have effect from the date of service of a notice withdrawing it under paragraph (4)(b).

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