The Environment (Northern Ireland) Order 2002

Supplementary N.I.

Matters affecting agriculture, forestry and inland fisheries N.I.

48.—(1) It shall be the duty of the Department and the Council and any other body having functions under this Part in the exercise of such functions to have due regard to the needs of agriculture, forestry and fisheries.

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Nothing in this Part shall make unlawful anything done under the Diseases of Animals (Northern Ireland) Order 1981 (NI 22).

F1 Art. 48(2) omitted (8.5.2016) by virtue of The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 73 (with art. 9(2))

[F2 Effect of failure to serve certain notices N.I.

48A— (1) This Article applies where the Department—

(a) has (whether before or after the commencement of this Article) taken all reasonable steps to ensure that, under any provision listed in paragraph (2), notice is served on every owner and occupier of any land to which the notice relates, but

(b) has failed to do so.

(2) The provisions are—

(a) Article 28(3)(b) (declaration of ASSI);

(b) Article 28(6)(c) (confirmation or rescission of declaration of ASSI);

(c) Article 29(3)(b) (variation of ASSI);

(d) Article 29(5)(c) (confirmation or rescission of variation of ASSI);

(e) Article 30(4)(b) (declaration of additional land to be included in ASSI);

(f) Article 30(7)(c) (confirmation or rescission of declaration of additional land);

(g) Article 31(1)(b) (denotification);

(h) Article 31(4)(c) (confirmation or rescission of denotification).

(3) The validity of the notice is not affected by the failure to serve it on every owner and occupier of the land.

(4) For the purposes of this Part, the time when the notice is to be treated as having been served is the time when the Department took the last of the steps referred to in paragraph (1)(a).

(5) If the Department becomes aware of its failure to serve a notice on an owner or occupier, it must serve a copy of the notice on that owner or occupier.

(6) Nothing in paragraph (3) or (4) renders the owner or occupier liable—

(a) in relation to anything done or omitted to be done before the coming into operation of this Article, or

(b) under Article 46(1) or 46A(4) in relation to anything done or omitted to be done before the copy of any relevant notice is served under paragraph (5).]

F2 Art. 48A inserted (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), ss. 34, 40(1); S.R. 2011/285, art. 2, Sch.

Application of this Part to the Crown N.I.

49.—(1) Subject to the following provisions of this Article, this Part binds the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.

(2) Articles 32 to 37 do not apply to the Crown as owner or occupier of any land.

(3) No contravention by the Crown of any provision of this Part shall 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.

(4) If the Secretary of State certifies that it appears to him, as respects any land held or used by or on behalf of the Crown and any power of entry exercisable under Article 44 in relation to it, that it is requisite or expedient that, in the interests of national security, the power should not be exercisable in relation to that land, that power shall not be exercisable in relation to that land .

(5) In this Article any reference to the Crown includes the Crown in right of Her Majesty's Government in the United Kingdom

Statutory charges N.I.

50.  In Schedule 11 to the Land Registration Act (Northern Ireland) 1970 (c. 18) (matters which are statutory charges)—

(a) in paragraph 39 for “17 or 24(8)(a)” substitute “ or 17 ”; and

(b) at the end there shall be added—

“43.   Any declaration under Article 28(1) of the Environment (Northern Ireland) Order 2002, any management agreement under Article 34 of that Order or any waiver relating thereto and any management notice under Article 35 of that Order.”.

Transitional provisions relating to this Part N.I.

51.  Schedule 4 (which contains transitional provisions relating to this Part) shall have effect.

Interpretation of this Part N.I.

52.—(1) In this Part—

• “ASSI” has the meaning given by Article 28(11);

• “the Council” has the meaning given by Article 28(1);

• “management agreement” has the meaning given by Article 34(1);

• “management notice” has the meaning given by Article 35(3);

• “notice” and “notification” mean notice or notification in writing;

• “operation” includes activity;

• “owner”, in relation to any land, means any person who has an estate in the land;

• “public body” has the meaning given by Article 38(3).

(2) Where a declaration under Article 28(1) has been—

(a) modified under Article 28(6),

(b) varied under Article 29(1),

(c) varied with modifications under Article 29(5),

(d) extended under Article 30(1), or

(e) extended with modifications under Article 30(7),

a reference in any statutory provision (including this Order) to such a declaration (however expressed) is (unless the context otherwise requires) a reference to the declaration as thus altered.