Local Government (Planning and Development) Act, 1963
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Conservation orders. |
46.—(1) If it appears to the planning authority, after consultation with the prescribed authorities, that it is expedient in the interests of amenity to make provision for the protection of any rare species of flora or fauna of any area or to preserve from extinction any species of flora or fauna of any area, they may for that purpose make an order with respect to such flora or fauna; and, in particular, provision may be made by any such order— | |
(a) for prohibiting (subject to any exemptions for which provision may be made by the order) the taking, killing, or destroying of flora or fauna except with the consent of the planning authority, and for enabling that authority to give their consent subject to conditions; | ||
(b) for applying, in relation to any consent under the order, and to applications therefor, any of the provisions of Part IV of this Act relating to permission to develop land, and to applications for such permission, subject to such adaptations and modifications as may be specified in the order. | ||
(2) Any person who has suffered damage in consequence of any refusal of consent required under an order under this section or of any grant of any such consent subject to conditions, shall, if he makes a claim on the planning authority within the time and in the manner specified by the order, be entitled to recover from such authority compensation in respect of the damage, but where the order declares that, as respects any flora or fauna, they are of special amenity value or special interest, no compensation shall be payable in relation to them. | ||
(3) Any order under this section may be revoked or varied by a subsequent order under this section. | ||
(4) Where a planning authority make an order under this section, they shall cause a notice stating the effect of the order and stating the right of appeal under the next subsection to be published in at least one newspaper circulating in the area to which the order relates. | ||
(5) Any person may, at any time before the expiration of one month after the publication of a notice under the foregoing subsection, appeal to the Minister against the order to which the notice relates. | ||
(6) Where an appeal is brought under this section against an order, the Minister may confirm the order with or without modifications or annul the order. | ||
(7) A decision to grant a consent under an order under this section shall not be taken save after consultation with the prescribed authorities. | ||
(8) If any person contravenes the provisions of an order under this section (other than an order which has been annulled), he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred pounds. | ||
(9) Particulars of an order under this section shall be entered in the register. | ||
(10) The making of an order under this section and the revocation or variation of any such order shall be a reserved function. | ||
(11) Any reference in this Act to a conservation order shall be construed as a reference to an order under this section (other than an order which has been annulled). |