Wildlife (Amendment) Act, 2000
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Restriction on carrying out certain works. |
19.—(1) Where there is a subsisting natural heritage area order in respect of any land, no person shall carry out, or cause or permit to be carried out, on that land any works specified in the order or any works which are liable to destroy or to significantly alter, damage or interfere with the features by reason of which the designation order was made unless— | |
(a) (i) the owner or occupier of that land has given to the Minister notice in writing of his or her intention to carry out the works specifying the nature of the works and the land, or part thereof, on which it is proposed to carry them out, or | ||
(ii) where the consent of the owner or occupier of that land is not required, the person who is to carry out or cause to be carried out the works (in this Chapter referred to as “the user”) has applied in writing to the Minister for permission to carry out the works, | ||
and | ||
(b) (i) the works are carried out with the consent in writing of the Minister, or | ||
(ii) the works are carried out in accordance with the terms of an agreement under section 11 or 18 of the Principal Act, or | ||
(iii) 6 months have expired from the date of the notice under paragraph (a) and the Minister has not refused consent in writing to the works being carried out. | ||
(2) Notwithstanding subsection (1), where a notice has been served under section 16 (2)(b) in respect of any land, no person shall carry out, or cause or permit to be carried out, on that land any works specified in that notice, being works which are liable to destroy or to significantly alter, damage, or interfere with the features by reason of which the notice was served, without giving the Minister not less than 3 months' prior notice in writing of his or her intention to carry out such works. | ||
(3) Where the Minister is satisfied that the carrying out of the works are necessary for imperative reasons of overriding public interest, which interest may be of a social or economic nature, and, in the absence of an alternative and viable solution, the Minister may decide to give the owner, occupier or user consent to undertake the works. | ||
(4) Where the Minister decides to give consent to the carrying out of works to which subsection (1) relates, the Minister may— | ||
(a) attach such conditions to the consent as the Minister deems appropriate, or | ||
(b) at any time vary such conditions as the Minister deems appropriate, or | ||
(c) revoke such consent to works if in the opinion of the Minister the conditions attached to such consent have been breached, or the continuation of such consent would be liable to destroy, or significantly alter, damage or interfere with the features by reason of which the designation order was made, | ||
and the Minister shall communicate in writing his or her decision to the person concerned (being the owner, occupier or user of the land concerned). | ||
(5) Where the Minister decides to give consent to the carrying out of works to which subsection (3) relates, the Minister may— | ||
(a) attach such conditions to the consent as the Minister deems appropriate, or | ||
(b) at any time vary such conditions as the Minister deems appropriate, or | ||
(c) revoke such consent to works if in the opinion of the Minister the conditions attached to such consent have been breached, | ||
and the Minister shall communicate in writing his or her decision to the person concerned (being the owner, occupier or user of the land concerned). | ||
(6) Where the Minister decides to refuse to give consent to the carrying out of works in respect of which subsection (1) relates, the Minister shall give his or her reasons in writing to the person concerned (being the owner, occupier or user of the land concerned). | ||
(7) (a) Where the Minister decides— | ||
(i) to refuse to give consent to the carrying out of works in respect of which subsection (1) relates, or | ||
(ii) to give such consent subject to conditions, or | ||
(iii) to vary such conditions, or | ||
(iv) to revoke such consent to the carrying out of works, | ||
then, the person concerned (being the owner, occupier or user of the land concerned) may, not later than 30 days after the day on which the decision is given by the Minister, serve notice of appeal on the Minister against that decision. | ||
(b) Where in circumstances to which paragraph (a) relates, the Minister shall appoint a person, who shall be a barrister or a solicitor of not less than 7 years standing, to be an arbitrator for the purposes of hearing and determining the appeal and, where the arbitrator makes a determination in relation to an appeal under subsection (7) (a), the Minister shall act in accordance with such determination. | ||
(c) An arbitrator appointed under paragraph (b) shall be paid such remuneration (if any) and allowances for expenses incurred by him or her as the Minister, with the consent of the Minister for Finance, may determine. | ||
(8) Where the Minister has entered into negotiations with an owner or occupier to— | ||
(a) acquire land or possession thereof to which a natural heritage area order relates, or | ||
(b) enter an agreement under section 18 of the Principal Act in respect of the land, | ||
and such negotiations have not concluded by the expiration of the period mentioned in subsection (1) (b) (iii), the Minister may extend that period by a further period and when so extended the Minister shall inform the owner or occupier as the case may be. | ||
(9) A person who contravenes subsection (1) or (2) shall be guilty of an offence. |