Areas of Special Scientific Interest Bill
[As Introduced]
Contents
Areas of special scientific interest
- Declaration of ASSI
- Variation of declaration
- Declaration of additional land
- Denotification
- Duties of owners and occupiers of land included in ASSI
- Appeals in connection with consents
- Management agreements
- Management notices
- Appeals against management notices
- Payments by Department
- Public bodies: general duty
- Public bodies: duties in relation to operations
- Public bodies: duties in relation to authorising operations
- Powers to acquire land
- Powers to carry out works, etc.
- Powers of entry
- Power to make byelaws for ASSI
- Offences
- Restoration following offences under section 18
- Matters affecting agriculture, forestry and inland fisheries
- Application to the Crown
- Statutory charges
- Transitional provisions, amendments and repeals
- Commencement
- Interpretation
- Short title
Duties of owners and occupiers of land included in ASSI
Duties of public bodies in relation to land included in ASSI
Powers of Department
Offences
Supplementary
Schedules:
Schedule 1 Transitional provisions
Schedule 2 Repeals
A
B I L L
TO
Make new provision with respect to areas of special scientific interest.
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
Areas of special scientific interest
Declaration of ASSI
1.¾ (1) Where the Department of the Environment ("the Department"), after consultation with the Council for Nature Conservation and the Countryside ("the Council"), is satisfied¾
(a) that an area of land is of special interest by reason of any of its flora, fauna, or geological, physiographical or other features, and
(b) that accordingly it needs to be specially protected,
the Department shall make a declaration that the area is an area of special scientific interest.
(2) A declaration under subsection (1) shall specify¾
(a) the flora, fauna, or geological, physiographical or other features by reason of which the land is of special interest, and
(b) any operations appearing to the Department to be likely to damage that flora or fauna or those features,
and shall contain a statement of the Department's views about the management of the land (including any views the Department may have about the conservation and enhancement of that flora or fauna or those features).
(3) Where the Department makes a declaration under subsection (1) in relation to any land, it shall give notification of that fact¾
(a) to each district council in whose district the land is wholly or partially situated; and
(b) to every owner and occupier of any of that land.
(4) A notification under subsection (3) shall¾
(a) set out the terms of the declaration;
(b) specify the time (not being less than three months from the date of the giving of the notification) within which, and the manner in which, representations or objections with respect to the declaration may be made.
(5) The Department shall also publish in at least two newspapers circulating in the area in which the land is situated notice¾
(a) of the making of the declaration; and
(b) of the places (at least one of which is in that area) at which a copy of the declaration may be inspected at all reasonable hours.
(6) The Department shall¾
(a) consider any representation or objection duly made within the time specified in the notification;
(b) within three months of that time either¾
(i) confirm the declaration (with or without modifications); or
(ii) rescind the declaration; and
(c) give notice of its decision to the persons mentioned in subsection (3).
(7) The Department's power under subsection (6)(b) to confirm a declaration with modifications shall not be exercised so as to¾
(a) add to the operations specified in the declaration; or
(b) extend the area to which it applies.
(8) A declaration under subsection (1) has effect as from the time it is made by the Department.
(9) If such a declaration is confirmed with modifications under subsection (6) (b)(i), the declaration has effect in its modified form as from the time it is so confirmed by the Department.
(10) If such a declaration is rescinded under subsection (6)(b)(ii), it ceases to have effect as from the time it is rescinded by the Department.
(11) In this Act "ASSI" means an area of land in relation to which a declaration under subsection (1) has effect.
Variation of declaration
2.¾ (1) At any time after a declaration has been confirmed (with or without modifications) under section 1(6), the Department may vary the matters specified or stated in the confirmed declaration (whether by adding to them, changing them, or removing matter from them).
(2) The area of land cannot be varied under this section.
(3) Where the Department varies a declaration in relation to any land under subsection (1) it shall give notice setting out the variation to¾
(a) each district council in whose district the land is wholly or partially situated; and
(b) every owner and occupier of any of the land who in the opinion of the Department may be affected by the variation.
(4) A notice under subsection (3) shall specify the time (not being less than three months from the date of the giving of the notice) within which, and the manner in which, representations or objections with respect to it may be made.
(5) The Department shall¾
(a) consider any representation or objection duly made within the time specified in the notice;
(b) within three months of that time either¾
(i) confirm the variation (with or without modifications); or
(ii) rescind the variation; and
(c) give notice of its decision to the persons mentioned in subsection (3).
(6) A variation under subsection (1) has effect as from the time it is made by the Department.
(7) If such a variation is confirmed with modifications under subsection (5)(b)(i), the variation has effect in its modified form as from the time it is so confirmed by the Department.
(8) If such a variation is rescinded under subsection (5)(b)(ii), the variation ceases to have effect as from the time it is rescinded by the Department.
Declaration of additional land
3.¾ (1) Where the Department, after consultation with the Council, is satisfied that if land adjacent to an ASSI ("the extra land") were combined with the ASSI, the combined area of land would be of special interest by reason of any of its flora, fauna, or geological, physiographical or other features, the Department may make a declaration to that effect.
(2) No such declaration may be made until after the declaration of the ASSI has been confirmed (with or without modifications) under section 1(6).
(3) A declaration under subsection (1) shall specify¾
(a) the area of land constituting the ASSI;
(b) what (as at the date of the declaration) is specified or contained in the declaration under section 1(1) relating to the ASSI by virtue of section 1(2);
(c) the reasons why the Department is of the opinion referred to in subsection (1); and
(d) which (if any) things among the matters specified by virtue of paragraph (c) are particularly relevant to the extra land.
(4) Where the Department makes a declaration under subsection (1) in relation to any land, it shall give notification of that fact¾
(a) to each district council in whose district the extra land is wholly or partially situated; and
(b) to every owner and occupier of any of the extra land.
(5) A notification under subsection (4) shall¾
(a) set out the terms of the declaration;
(b) specify the time (not being less than three months from the date of the giving of the notification) within which, and the manner in which, representations or objections with respect to the declaration may be made.
(6) The Department shall also publish in at least two newspapers circulating in the area in which the extra land is situated notice¾
(a) of the making of the declaration; and
(b) of the places (at least one of which is in that area) at which a copy of the declaration may be inspected at all reasonable hours.
(7) The Department shall¾
(a) consider any representation or objection duly made within the time specified in the notification;
(b) within three months of that time either¾
(i) confirm the declaration under subsection (1) (with or without modifications); or
(ii) rescind that declaration; and
(c) give notice of its decision to the persons mentioned in subsection (4).
(8) The Department's power under subsection (7)(b) to confirm a declaration with modifications shall not be exercised so as to¾
(a) add to the operations specified in the declaration; or
(b) extend the area to which it applies.
(9) As from the time a declaration is made by the Department under subsection (1) in relation to extra land, the declaration of the ASSI under section 1(1) shall have effect as if it included that declaration.
(10) If a declaration under subsection (1) is confirmed with modifications under subsection (7)(b)(i), the declaration of the ASSI under section 1(1) (as extended by virtue of subsection (9)) shall have effect in its modified form.
(11) If such a declaration is rescinded under subsection (7)(b)(ii), it ceases to have effect as from the time it is rescinded by the Department.
Denotification
4.¾ (1) Where the Department, after consultation with the Council, is satisfied that all or part of an ASSI is no longer of special scientific interest by reason of any of the matters mentioned in section 1(1), it may decide to notify that fact to¾
(a) each district council in whose district the land which the Department no longer considers to be of special scientific interest is wholly or partially situated; and
(b) every owner and occupier of any of that land.
(2) A notification under subsection (1) shall specify the time (not being less than three months from the date of the giving of the notification) within which, and the manner in which, representations or objections with respect to it may be made.
(3) The Department shall also publish in at least two newspapers circulating in the area in which the land mentioned in subsection (1) is situated notice¾
(a) of the giving of the notification under subsection (1); and
(b) of the places (at least one of which is in that area) at which a copy of the notification may be inspected at all reasonable hours.
(4) The Department shall¾
(a) consider any representation or objection duly made within the time specified in the notification;
(b) within three months of that time either¾
(i) confirm the notification (with or without modifications); or
(ii) rescind the notification; and
(c) give notice of its decision to the persons mentioned in subsection (1).
(5) A notification under subsection (1) has effect in relation to any land as from the time a notice under subsection (4)(b)(i) is served on its owner or occupier, and from that time a declaration under section 1(1) in relation to that land shall cease to have effect.
Duties of owners and occupiers of land included in ASSI
Duties of owners and occupiers of land included in ASSI
5.¾ (1) The owner or occupier of any land included in an ASSI shall not carry out, or cause or permit to be carried out, on that land any operation specified in the declaration made under section 1 in relation to the land unless¾
(a) one of them has given the Department notice of a proposal to carry out the operation specifying its nature and the land on which it is proposed to carry it out; and
(b) one of the conditions specified in subsection (3) is fulfilled.
(2) Subsection (1) does not apply to an owner or occupier being a public body acting in the exercise of its functions.
(3) The conditions are¾
(a) that the operation is carried out with the Department's written consent;
(b) that the operation is carried out in accordance with the terms of a management agreement under section 7;
(c) that the operation is carried out in accordance with a management notice under section 8.
(4) A consent under subsection (3)(a) may be given¾
(a) subject to conditions, and
(b) for a limited period,
as specified in the consent.
(5) If the Department does not consent, it shall give notice to that effect to the person who gave the notice under subsection (1).
(6) The Department may, by notice given to every owner and occupier of any of the land included in the ASSI, or the part of the ASSI to which the consent relates¾
(a) withdraw the consent; or
(b) modify it (or further modify it) in any way.
(7) The following¾
(a) a consent under subsection (3)(a) granting consent subject to conditions or for a limited period, and
(b) a notice under subsection (5) or (6),
must include a notice of the Department's reasons for imposing the conditions, for the limitation of the period, for refusing consent, or for withdrawing or modifying the consent, and also a notice of the matters set out in subsection (8).
(8) The matters referred to in subsection (7) are¾
(a) the rights of appeal under section 6;
(b) the effect of subsection (9); and
(c) in the case of a notice under subsection (6), the effect of section 10(1).
(9) A withdrawal or modification of a consent does not take effect until¾
(a) the expiry of the period for appealing against it; or
(b) if an appeal is brought, its withdrawal or final determination.
Appeals in connection with consents
6.¾ (1) The following persons¾
(a) an owner or occupier who has been refused a consent under section 5(3)(a),
(b) an owner or occupier who has been granted such a consent but who is aggrieved by conditions attached to it, or by the fact that it is for a limited period, or by the length of that period,
(c) an owner or occupier who is aggrieved by the modification of a consent,
(d) an owner or occupier who is aggrieved by the withdrawal of a consent,
may, at any time before the end of the period for appealing, appeal to the planning appeals commission against the relevant decision.
(2) If the Department neither gives consent nor refuses it within the period of three months beginning with the date on which the notice referred to in section 5(1)(a) was received, the person who gave that notice may for the purposes of subsection (1) treat the Department as having refused consent (and his appeal is to be determined on that basis).
(3) The period for appealing is ¾
(a) except in a case falling within subsection (2), the period of two months beginning with the date of the notice giving consent or the notice under section 5(5) or (6), or
(b) in a case falling within subsection (2), the period of two months beginning immediately after the expiry of the three month period referred to there.
(4) On determining an appeal against a decision, the planning appeals commission may¾
(a) affirm the decision,
(b) where the decision was a refusal of consent, direct the Department to give consent,
(c) where the decision was as to the terms of a consent (whether the original or a modified one), quash all or any of those terms,
(d) where the decision was a withdrawal or modification of consent, quash the decision,
and where it exercises any of the powers in paragraphs (b), (c) or (d) the commission may give directions to the Department as to the terms on which the Department is to give consent.
Management agreements
7.¾ (1) The Department may enter into an agreement ("a management agreement") with the owner or occupier of any land included in an ASSI for securing that his land is managed as (or as part of) an ASSI.
(2) A management agreement may impose such restrictions as may be expedient on the exercise of rights over the land by persons who can be bound by the agreement.
(3) A management agreement-
(a) may provide for the management of the land in such manner, the carrying out thereon of such operations, and the doing thereon of such other things as may be expedient for the purposes of the agreement;
(b) may provide for any of the matters mentioned in paragraph (a) being carried out, or for the cost thereof being defrayed, either by the owner or occupier or by other persons, or by the Department, or partly in one way and partly in another.
(4) Where a person having an estate in any land, by a management agreement grants or agrees to grant any right as respects the land, the grant or agreement shall be binding upon any person deriving title or otherwise claiming under the grantor to the same extent as it is binding upon the grantor notwithstanding that it would not have been binding upon that person apart from this subsection.
(5) A management agreement may be made irrevocably or subject to such provisions for revocation or variation as may be specified in the agreement.
(6) The Department may waive (either permanently or temporarily) any condition imposed by a management agreement which is inconsistent with any provision of a development plan or development order under the Planning (Northern Ireland) Order 1991 (NI 11).
Management notices
8.¾ (1) Where it appears to the Department that¾
(a) an owner or occupier of land included in an ASSI is not giving effect to any provision of a management agreement, and
(b) as a result any flora, fauna or geological, physiographical or other features by reason of which the land is of special scientific interest are being inadequately conserved or restored,
it may if it thinks fit serve a notice on him.
(2) Where the Department is satisfied that¾
(a) any land included in an ASSI in respect of which no management agreement is in force is being managed in such a way that any flora, fauna or geological, physiographical or other features by reason of which the land is of special scientific interest are being inadequately conserved or restored, and
(b) that it is unable to conclude, on reasonable terms, a management agreement with the owner or occupier,
it may if it thinks fit serve a notice on him.
(3) A notice served under subsection (1) or (2) is referred to in this Act as a "management notice".
(4) A management notice is a notice requiring the owner or occupier to¾
(a) carry out such work on the land, and
(b) do such other things with respect to it,
as are specified in the notice, and to do so before the dates or within the periods so specified.
(5) The work and other things specified in a management notice must appear to the Department to be measures which it is reasonable to require in order to ensure that the land is managed in accordance with the statement mentioned in section 1(2).
(6) A management notice must explain the effect of subsections (8) and (9) and of section 9.
(7) A copy of the management notice must be served on every other owner and occupier of the land.
(8) If any of the work or other things required by a management notice have not been done within the period or by the date specified in it, the Department may¾
(a) carry out the work or do the other things; and
(b) recover from the owner or occupier upon whom the notice was served any expenses reasonably incurred by it in carrying out the work or doing the other things.
(9) If an appeal is brought against the management notice, and upon the final determination of the appeal the notice is affirmed (with or without modifications), subsection (8) applies as if the references there to the management notice were to the notice as affirmed.
Appeals against management notices
9.¾ (1) A person who is served with a management notice may, within the period for appealing, appeal against its requirements to the planning appeals commission; and a management notice does not take effect until¾
(a) the expiry of the period for appealing; or
(b) if an appeal is brought, its withdrawal or final determination.
(2) The period for appealing is the period of two months beginning with the date on which the management notice is served.
(3) On determining the appeal, the commission may quash or affirm the management notice; and if the commission affirms it, it may do so either in its original form or with such modifications as it thinks fit.
Payments by Department
10.¾ (1) Where the Department, under section 5(6), modifies or withdraws a consent, it shall make a payment to any owner or occupier of the land who suffers loss because of the modification or withdrawal.
(2) The Department may, if it thinks fit, make one or more payments to any owner or occupier of land in relation to which a management agreement has effect.
(3) The amount of a payment under subsection (1) or (2) is to be determined in accordance with guidance given and published by the Department.
(4) Any dispute as to a person's entitlement to a payment under subsection (1) or as to its amount shall be referred to and determined by the Lands Tribunal.
Duties of public bodies in relation to land included in ASSI
Public bodies: general duty
11.¾ (1) A public body shall have the duty set out in subsection (2) in exercising its functions so far as their exercise is likely to affect the flora, fauna or geological, physiographical or other features by reason of which an ASSI is of special scientific interest.
(2) The duty is to take reasonable steps, consistent with the proper exercise of the body's functions, to further the conservation and enhancement of the flora, fauna or geological, physiographical or other features by reason of which the ASSI is of special scientific interest.
(3) In this Act "public body" means¾
(a) a Northern Ireland department;
(b) a department of the Government of the United Kingdom;
(c) a district council;
(d) a statutory undertaker (within the meaning of the Planning (Northern Ireland) Order 1991 (NI 11)); or
(e) any other body established or constituted under a statutory provision.
Public bodies: duties in relation to operations
12.¾ (1) A public body shall give notice to the Department before carrying out, in the exercise of its functions, operations likely to damage any of the flora, fauna or geological, physiographical or other features by reason of which an ASSI is of special scientific interest.
(2) Subsection (1) applies even if the operations would not take place on land included in an ASSI.
(3) In response to the notice referred to in subsection (1), the Department may send a notice¾
(a) saying that it does not assent to the proposed operations, or
(b) assenting to them (with or without conditions),
but if the Department does not send a notice under paragraph (b) within the period of 28 days beginning with the date of the notice under subsection (1) it shall be treated as having declined to assent.
(4) If the Department does not assent, or if the public body proposes to carry out the operations otherwise than in accordance with the terms of the Department's assent, the body¾
(a) shall not carry out the operations unless the condition set out in subsection (5) is satisfied, and
(b) shall comply with the requirements set out in subsection (6) when carrying them out.
(5) The condition is that the body has, after the expiry of the period of 28 days beginning with the date of the notice under subsection (1), notified the Department of¾
(a) the date on which it proposes to start the operations (which must be after the expiry of the period of 28 days beginning with the date of the notification under this paragraph), and
(b) how (if at all) it has taken account of any written advice it received from the Department, before the date of the notification under this paragraph, in response to the notice under subsection (1).
(6) The requirements are¾
(a) that the body carry out the operations in such a way as to give rise to as little damage as is reasonably practicable in all the circumstances to the flora, fauna or geological, physiographical or other features by reason of which the ASSI is of special scientific interest (taking account, in particular, of any such advice as is referred to in subsection (5)(b)); and
(b) that the body restore the site to its former condition, so far as is reasonably practicable, if any such damage does occur.
(7) This section does not apply in relation to operations carried out by the Department.
Public bodies: duties in relation to authorising operations
13.¾ (1) This section applies where the permission of a public body is needed before operations may be carried out.
(2) Before permitting the carrying out of operations likely to damage any of the flora, fauna or geological, physiographical or other features by reason of which an ASSI is of special scientific interest, a public body shall give notice of the proposed operations to the Department.
(3) Subsection (2) applies even if the operations would not take place on land included in an ASSI.
(4) The public body shall wait until the expiry of the period of 28 days beginning with the date of the notice under subsection (2) before deciding whether to give its permission, unless the Department has notified the body that it need not wait until then.
(5) The body shall take any advice received from the Department into account¾
(a) in deciding whether or not to permit the proposed operations, and
(b) if it does decide to do so, in deciding what (if any) conditions are to be attached to the permission.
(6) If the Department advises against permitting the operations, or advises that certain conditions should be attached, but the public body does not follow that advice, the body¾
(a) shall give notice of the permission, and of its terms, to the Department, the notice to include a statement of how (if at all) the body has taken account of the Department's advice, and
(b) shall not grant a permission which would allow the operations to start before the end of the period of 21 days beginning with the date of that notice.
(7) In this section "permission", in relation to any operations, includes authorisation, consent, and any other type of permission.
(8) This section does not apply where the public body whose permission is needed is the Department.
Powers of Department
Powers to acquire land
14.¾ (1) The Department may in circumstances set out in subsection (2) make an order vesting all or any part of an ASSI in the Department.
(2) The circumstances are¾
(a) that the Department is satisfied that it is unable to conclude, on reasonable terms, a management agreement with the owner or occupier of the land; or
(b) that the owner or occupier has entered into such an agreement, but the Department is satisfied that it has been breached in such a way that the land is not being managed satisfactorily.
(3) Sections 97(2) and (3) of, and Schedule 6 to, the Local Government Act (Northern Ireland) 1972 (c. 9) shall apply subject to the modifications set out in Schedule 2 to the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (NI 1) for the purpose of vesting orders under this section.
(4) The Department may by agreement acquire the estate of any owner of land included in an ASSI.
(5) Where the Department acquires an estate in land included in an ASSI under subsection (1) or (4), it may also acquire under that subsection land for the purpose of providing a means of access to that ASSI.
(6) Where the Department is of the opinion that any land acquired under this section would be more expediently or efficiently managed or conserved in the public interest by any other person, the Department may convey (either for value or otherwise) that land to that person.
(7) Without prejudice to subsection (6), the Department may dispose of any land acquired under this section which the Department no longer requires for the purpose for which it was acquired.
(8) A conveyance under subsection (6) or disposal under subsection (7)¾
(a) shall be in accordance with arrangements approved by the Department of Finance and Personnel; and
(b) shall be on such terms and conditions as the Department may think fit,
and the Department may¾
(i) impose such restrictions as the Department may think necessary on the use of the land conveyed or disposed of; and
(ii) grant or reserve such rights over the land as the Department may think fit.
(9) Nothing in section 5 of the Stormont Regulation and Government Property Act (Northern Ireland) 1933 (c. 6) shall affect the disposal by the Department of land acquired under this section.
Powers to carry out works, etc.
15. The Department may carry out such works and do such other things on land acquired under section 14 as the Department thinks necessary or expedient for the proper management and use of that land for the purpose for which that land was acquired.
Powers of entry
16.¾ (1) Any person authorised in writing by the Department may, at any reasonable time and (if required to do so) upon producing evidence that he is authorised, enter any land for any of the following purposes¾
(a) to determine whether a declaration should be made in relation to the land under section 1(1);
(b) to assess the condition of the flora, fauna, or geological, physiographical or other features by reason of which land in relation to which a declaration has been made under section 1(1) is of special scientific interest;
(c) to ascertain whether a condition to which a consent referred to in section 5(3)(a) was subject has been complied with in relation to the land;
(d) to determine whether or not to offer to enter into a management agreement in relation to the land;
(e) to formulate a management agreement for the land or determine whether a management agreement for the land should be modified;
(f) to ascertain whether the terms of a management agreement in relation to the land have been complied with;
(g) to prepare a management notice for the land;
(h) to ascertain whether the requirements of a management notice in relation to the land have been complied with;
(i) to carry out works or do other things on the land under section 8(8);
(j) to determine whether or not to offer to make a payment under section 10 in relation to the land;
(k) to determine any question in relation to the acquisition of the land by agreement or compulsorily;
(l) to ascertain whether an offence under section 18 is being, or has been, committed on or in relation to the land;
(m) to carry out operations on the land under section 19(5).
(2) The power conferred by subsection (1) to enter land for any purpose includes power to enter for the same purpose any land other than that referred to in subsection (1).
(3) More than one person may be authorised for the time being under subsection (1) to enter any land.
(4) A person shall not demand admission as of right to any land which is occupied unless either¾
(a) 24 hours notice of the intended entry has been given to the occupier; or
(b) the purpose of the entry is to ascertain if an offence under section 18 is being, or has been, committed on or in relation to that land.
(5) A person acting in the exercise of a power conferred by subsection (1) may¾
(a) use a vehicle or a boat to enter the land;
(b) take a constable with him if he reasonably believes he is likely to be obstructed;
(c) take with him equipment and materials needed for the purpose for which he is exercising the power of entry;
(d) take samples of the land and of anything on it.
(6) If in the exercise of a power conferred by subsection (1) a person enters land which is unoccupied or from which the occupier is temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.
(7) It is the duty of the Department to compensate any person who has sustained damage as a result of¾
(a) the exercise of a power conferred by subsection (1) by a person authorised under that subsection, or
(b) the failure of a person so authorised to perform the duty imposed on him by subsection (6),
except where the damage is attributable to the fault of the person who sustained it.
(8) Any dispute as to a person's entitlement to compensation under subsection (7) or as to its amount shall be referred to and determined by the Lands Tribunal.
Power to make byelaws for ASSI
17.¾ (1) The Department may make byelaws for the protection of an ASSI.
(2) Byelaws under this section may in relation to land included in an ASSI¾
(a) prohibit or restrict the use of the land, either generally or in a manner specified in the byelaws, by traffic of any description so specified;
(b) prohibit or restrict, either generally or in a manner specified in the byelaws, the use of mechanically-propelled vessels on watercourses in, or whose shores lie within, any such land;
(c) regulate or prohibit the lighting of fires on the land;
(d) regulate or prohibit the taking away of soil, turf, sand or minerals of any description from the land;
(e) make provision for securing that persons resorting to the land will so conduct themselves as to avoid undue interference with the enjoyment of the land by other persons.
(3) Before making any byelaws under this section the Department shall consult the Council.
(4) Byelaws under this section shall not interfere with¾
(a) the exercise by any person of a right vested in him as owner or occupier of any land;
(b) the exercise of any public right of way in relation to any land; or
(c) the exercise of any statutory functions of any public body in relation to any land.
(5) The Department may authorise persons appointed or employed to enforce byelaws made under this section to take any action necessary for that purpose.
(6) In particular, any person authorised under subsection (5) may, after due warning, remove or exclude a person from any land included in an ASSI who contravenes, or whom he reasonably suspects of contravening, the byelaws relating to that ASSI.
Offences
Offences
18.¾ (1) A person who, without reasonable excuse, contravenes section 5(1) is guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine.
(2) A public body which, in the exercise of its functions, carries out an operation which damages any of the flora, fauna or geological, physiographical or other features by reason of which an ASSI is of special scientific interest¾
(a) without first complying with section 12(1), or
(b) (if it has complied with section 12(1)) without first complying with section 12(4)(a),
is, unless there was a reasonable excuse for carrying out the operation without complying, guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine.
(3) A public body acting in the exercise of its functions which, having complied with section 12(1), fails without reasonable excuse to comply with section 12(4)(b) is guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine.
(4) For the purposes of subsections (1), (2) and (3), it is a reasonable excuse in any event for a person to carry out an operation (or to fail to comply with a requirement to send a notice about it) if¾
(a) subject to subsection (5), the operation in question was authorised by a planning permission granted on an application under Part IV of the Planning (Northern Ireland) Order 1991 (NI 11) or permitted by a public body which has acted in accordance with section 13; or
(b) the operation in question was an emergency operation particulars of which (including details of the emergency) were notified to the Department as soon as practicable after the commencement of the operation.
(5) If an operation needs both a planning permission and the permission of a public body, subsection (4)(a) does not provide reasonable excuse unless both have been obtained.
(6) A person (other than a public body acting in the exercise of its functions) who without reasonable excuse¾
(a) intentionally or recklessly destroys or damages any of the flora, fauna, or geological, physiographical or other features by reason of which land is of special scientific interest, or intentionally or recklessly disturbs any of those fauna, and
(b) knew that what he destroyed, damaged or disturbed was within an ASSI,
is guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine.
(7) For the purposes of subsection (6) it is a reasonable excuse in any event for a person to do what is mentioned in that subsection if¾
(a) subject to subsection (8), the destruction, damage or disturbance in question was authorised by a planning permission granted on an application under Part IV of the Planning (Northern Ireland) Order 1991 (NI 11) or permitted by a public body which has acted in accordance with section 13; or
(b) the destruction, damage or disturbance in question was caused by an emergency operation particulars of which (including details of the emergency) were notified to the Department as soon as practicable after the commencement of the operation.
(8) If the destruction, damage or disturbance in question needs both a planning permission and the permission of a public body, subsection (7)(a) does not provide reasonable excuse unless both have been obtained.
(9) A person who without reasonable excuse fails to comply with a requirement of a management notice is guilty of an offence and is liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.
(10) A person who intentionally obstructs a person acting in the execution of any power conferred by section 16(1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(11) A person who¾
(a) contravenes any byelaw made under section 17; or
(b) intentionally obstructs any person authorised under subsection (5) of that section,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(12) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.
(13) Proceedings for an offence under this section shall not, without the consent of the Director of Public Prosecutions for Northern Ireland, be taken by a person other than the Department.
Restoration following offences under section 18
19.¾ (1) Where¾
(a) the operation in respect of which a person is convicted of an offence under section 18(1), (2) or (3) has destroyed or damaged any of the flora, fauna or geological, physiographical or other features by reason of which an ASSI is of special scientific interest, or
(b) a person is convicted of an offence under section 18(6),
the court by or before which he is convicted, in addition to dealing with him in any other way, may make an order requiring him to carry out, within such period as may be specified in the order, such operations (whether on land included in the ASSI or not) as may be so specified for the purpose of restoring the ASSI to its former condition.
(2) The period specified in an order made under subsection (1) shall not begin to run-
(a) in any case until the expiration of the period for the time being prescribed by law for the giving of notice of appeal against the conviction;
(b) where notice of appeal is given within the period so prescribed, until determination of the appeal.
(3) At any time before an order under subsection (1) is complied with or fully complied with, the court by which it was made may, on the application of the person against whom it was made, discharge or vary the order if it appears to the court that a change in the circumstances has made compliance or full compliance with the order impracticable or unnecessary.
(4) If, within the period specified in an order under subsection (1), the person against whom it was made fails, without reasonable excuse, to comply with it, he shall be guilty of an offence and liable on summary conviction¾
(a) to a fine not exceeding level 5 on the standard scale; and
(b) in the case of a continuing offence, to a further fine not exceeding £100 for each day during which the offence continues after conviction.
(5) If, within the period specified in an order under subsection (1), any operations specified in the order have not been carried out, the Department may carry out those operations and recover from the person against whom the order was made any expenses reasonably incurred by the Department in doing so.
Supplementary
Matters affecting agriculture, forestry and inland fisheries
20.¾ (1) It shall be the duty of the Department and the Council and any other body having functions under this Act in the exercise of such functions to have due regard to the needs of agriculture, forestry and fisheries.
(2) In the exercise of its functions under this Act the Department shall have due regard to any representations made to it on behalf of persons engaged in agriculture, forestry or fisheries by the Department of Agriculture and Rural Development or (in the case of inland fisheries) the Department of Culture, Arts and Leisure.
(3) Nothing in this Act shall make unlawful anything done under the Diseases of Animals (Northern Ireland) Order 1981 (NI 22).
Application to the Crown
21.¾ (1) Subject to the following provisions of this section, this Act binds the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.
(2) Sections 5 to 10 do not apply to the Crown as owner or occupier of any land.
(3) No contravention by the Crown of any provision of this Act 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 section 16 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 section any reference to the Crown includes the Crown in right of Her Majesty's Government in the United Kingdom.
Statutory charges
22. In Schedule 11 to the Land Registration Act (Northern Ireland) 1970 (c. 18) (matters which are statutory charges)¾
(a) in paragraph 39 for "17 or 24(8)(a)" substitute "or 17"; and
(b) at the end there shall be added¾
"43. Any declaration under section 1(1) of the Areas of Special Scientific Interest Act (Northern Ireland) 2002, any management agreement under section 7 of that Act or any waiver relating thereto and any management notice under section 8 of that Act.".
Transitional provisions, amendments and repeals
23.¾ (1) Schedule 1 (which contains transitional provisions) shall have effect.
(2) In Article 16(1)(a) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (NI 1) after "or under" insert "section 14 of the Areas of Special Scientific Interest Act (Northern Ireland) 2002".
(3) In Article 18(1)(b)(iii) of the Planning (Northern Ireland) Order 1991 (NI 11) for "Article 24 of that Order" substitute "section 1 of the Areas of Special Scientific Interest Act (Northern Ireland) 2002".
(4) The statutory provisions specified in column 1 of Schedule 2 are repealed to the extent specified in column 2 of the Schedule.
Commencement
24.¾ (1) The preceding provisions of this Act (and the Schedules) come into operation on such day or days as the Department may by order appoint.
(2) An order under this section may contain such transitional provisions and savings as the Department considers necessary or expedient.
Interpretation
25.¾ (1) In this Act¾
"ASSI" has the meaning given by section 1(11);
"the Council" has the meaning given by section 1(1);
"the Department" has the meaning given by section 1(1);
"management agreement" has the meaning given by section 7(1);
"management notice" has the meaning given by section 8(3);
"modifications" includes additions, alterations and omissions;
"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 section 11(3);
"statutory provision" has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).
(2) Where a declaration under section 1(1) has been¾
(a) modified under section 1(6),
(b) varied under section 2(1),
(c) varied with modifications under section 2(5),
(d) extended under section 3(1), or
(e) extended with modifications under section 3(7),
a reference in any statutory provision (including this Act) to such a declaration (however expressed) is (unless the context otherwise requires) a reference to the declaration as thus altered.
Short title
26. This Act may be cited as the Areas of Special Scientific Interest Act (Northern Ireland) 2002.
Schedules
Schedule 1
Transitional provisions
Introductory
1.¾ (1) In this Schedule "the 1985 Order" means the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (NI 1).
(2) Nothing in this Schedule prejudices the application of section 28 or 29 of the Interpretation Act (Northern Ireland) 1954 (c. 33).
Existing areas of special scientific interest
2.¾ (1) Any declaration under Article 24 of the 1985 Order which is in force immediately before the date on which section 1 comes into operation has effect as from that date as if it were a declaration made and confirmed under that section.
(2) The Department shall, within the period of five years beginning with the date on which section 1 comes into operation, give to every owner and occupier of any land to which a declaration mentioned in sub-paragraph (1) relates a notice containing a statement of the Department's views about the matters referred to in the words following paragraph (b) of section 1(2).
(3) The notice shall specify the date (not being less than three months from the date of the giving of the notice) on or before which, and the manner in which, representations or objections with respect to it may be made; and the Department shall consider any representation or objection duly made.
(4) Within the period of two months beginning with the date referred to in sub-paragraph (3), the Department shall give a notice to every owner and occupier of the land confirming the statement referred to in sub-paragraph (2) or containing a revised statement.
(5) A statement confirmed or revised under sub-paragraph (4) has effect as if it were a statement made under section 1(2) and confirmed under section 1(6).
Consents under section 5
3.¾ (1) Subject to sub-paragraph (2) and paragraphs 4 and 5¾
(a) a notice given by an owner or occupier of land under Article 25(1) of the 1985 Order has effect from the date on which section 5 comes into operation as if it were a notice given under subsection (1)(a) of that section; and
(b) a consent given under Article 25(1) or (2) of the 1985 Order has effect from that date as if it were a consent under section 5(3)(a).
(2) In relation to such a consent, section 5 has effect as if for subsections (7) and (8) there were substituted¾
"(7) A notice under subsection (6) must include a notice of¾
(a) the Department's reasons for withdrawing or modifying the consent;
(b) the rights of appeal under section 6;
(c) the effect of subsection (9); and
(d) the effect of section 10(1)."
Operations on land
4. Section 5 does not apply in relation to the carrying out of any operation which began lawfully before the coming into operation of that section.
Appeals under section 6
5.¾ (1) Section 6(1)(a) does not apply to a refusal of a consent under Article 25(1) or (2) of the 1985 Order.
(2) Section 6(1)(b) does not apply to a consent taking effect as mentioned in paragraph 3(1)(b).
Management agreements
6.¾ (1) Subject to sub-paragraph (2), an agreement in force under Article 24(8)(a) of the 1985 Order immediately before the coming into operation of section 7 has effect as a management agreement entered into under that section.
(2) Section 8(1) does not apply in relation to an agreement entered into under Article 24(8)(a) of the 1985 Order.
Compensation
7. Despite its repeal by this Act, Article 26 of the 1985 Order continues to apply in relation to ¾
(a) a notification received as mentioned in paragraph (1)(a) of that Article before the date on which that repeal comes into operation; or
(b) an extension mentioned in paragraph (2) of that Article which occurs before that date.
Duty of public bodies in relation to operations
8. Section 12 does not apply in relation to the carrying out of operations which began before the coming into operation of that section.
Offences and restoration orders
9. Section 18 does not apply in relation to an offence committed before the coming into operation of that section.
Schedule 2
Repeals
| Short Title | Extent of repeal |
|---|---|
| The Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (NI 1) | In Article 10(1), the words "24 or 25". In Article 10(4), the words "or land acquired under Article 24 or 25", "or land" and "or, as the case may be, for use on or in relation to that land". Part VI. In Article 30(1)(a), the words "24 or 25". In Article 33, paragraphs (d) and (e).
|
The Nature Conservation and Amenity Lands (Amendment) (Northern Ireland) Order 1989 (NI 3) |
Article 8(1). Articles 9 to 12. |