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.