The Conservation (Natural Habitats, etc.) (Amendment) Regulations (Northern Ireland) 2007

Amendments to the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995

15.  In regulation 44 (considerations of overriding public interest)—

(a) in paragraph (1) for “the site” substitute “the site concerned”;

(b) for paragraph (2)(b) substitute—

“(b) any other imperative reasons of overriding public interest, provided that the competent authority has had due regard to the opinion of the European Commission in satisfying themselves that there are such reasons.”; and

(c) in paragraph (5) after “a European site” insert “in Northern Ireland”;

(d) for paragraph (6) substitute the following paragraphs—

“(6) Where an authority, other than the Department, proposes to agree to a plan or project under this regulation notwithstanding a negative assessment of the implications for a European offshore marine site—

(a) it shall notify the Department and the Secretary of State; and

(b) it may agree to the plan or project only after having received notification from the Department that the Department and the Secretary of State have agreed that it may do so.

(7) Where the Department proposes to agree to a plan or project under this regulation notwithstanding a negative assessment of the implications for a European offshore marine site—

(a) it must notify the Secretary of State; and

(b) it may agree to the plan or project only after having obtained the Secretary of State’s agreement, which may be given subject to such conditions or restrictions as the Secretary of State may specify.

(8) In any case within paragraph (5) or (6), the Department may give a direction to the competent authority prohibiting it from agreeing to the plan or project, either indefinitely or during such period as may be specified in the direction.

This power is without prejudice to any other power of the Department in relation to the decision in question.

(9) Any agreement between the Department and the Secretary of State that is the subject of a notification under paragraph (6)(b) may be subject to such conditions or restrictions as may be specified in the notification.”