PART 3Amendments to the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995

Amendment of regulation 44 (Consideration of overriding public interest)23

1

Regulation 44 is amended as follows.

2

In paragraphs (2)(b) and (3), for “European Commission” substitute “Department”.

3

For paragraph (4) substitute—

4

The Department shall have regard to the national interest, and provide their decision as to whether the reasons are to be considered imperative reasons of overriding public interest.

4

After paragraph (4), insert—

4A

Before deciding if reasons are imperative reasons of overriding public interest, the Department shall consult the following, and have regard to their opinion—

a

the Joint Nature Conservation Committee;

b

the Secretary of State;

c

the Scottish Ministers;

d

the Welsh Ministers; and

e

any other person the Department considers appropriate.