PART 4MISCELLANEOUS AND SUPPLEMENTARY
Supplementary
35Regulations
1
No regulations shall be made under section 15 or 21 unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.
2
All other regulations under this Act are subject to negative resolution.
3
Regulations under this Act may contain such incidental, supplementary, transitional and saving provisions as appear to the Department to be necessary or expedient.
36Interpretation
In this Act—
“afforestation” includes re-afforestation;
“authorised person”, in relation to any provision of this Act, means a person authorised in writing by the Department for the purposes of that provision;
“the Department” means the Department of Agriculture and Rural Development;
“DFP” means the Department of Finance and Personnel;
“forest”, “forestry”, “forestry land” and “forest products” have the meanings given by section 1(3);
“notice” means notice in writing;
“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33);
“woodland industry” means any industry which uses timber or other forestry products as a major part of its raw materials.
37Application to the Crown
1
Subject to—
a
sections 15(2)(k) and 29 (felling licences), and
b
the provisions of this section,
this Act binds the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.
2
A contravention by the Crown of any provision of, or made under, this Act does not 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.
3
Despite subsection (2), any provision of, or made under, this Act applies to persons in the public service of the Crown as it applies to other persons.
4
The powers conferred by section 32 are exercisable in relation to Crown land only with the consent of the appropriate authority.
5
In this section “the appropriate authority” and “Crown land” have the same meanings as in section 29.
38Amendments and repeals
1
In section 5 of the Agriculture (Northern Ireland) Act 1949 (c. 2) (instruction and research in agriculture and related subjects) in subsection (3) in the definition of “related subjects” for paragraph (f) substitute—
f
forestry within the meaning of the Forestry Act (Northern Ireland) 2010;
2
In Article 3 of the Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1994 (NI 6) (general duty of Department to balance interests)—
a
the existing provision becomes paragraph (1); and
b
after that paragraph insert—
2
Paragraph (1) does not apply in relation to forestry land within the meaning of the Forestry Act (Northern Ireland) 2010.
3
The statutory provisions set out in Schedule 2 are repealed to the extent specified in the second column of that Schedule.
39Commencement
1
Sections 1 to 34 and 38 (and the Schedules) come into operation on such day or days as the Department may by order appoint.
2
No order may be made under subsection (1) in relation to any provision of section 10 unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.
3
An order under subsection (1) may contain such transitional or saving provisions as the Department thinks appropriate.
40Short title
This Act may be cited as the Forestry Act (Northern Ireland) 2010.