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.