Regulation 12 Amendments to the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995

After regulation 41 (false statements made for obtaining licence) insert the following regulation—

“Offence of breaching licence condition

41A.

(1)

It is an offence for any person authorised by virtue of a licence to which paragraph (4) applies to contravene or fail to comply with any condition which the licence requires him to comply with.

(2)

A person shall not be guilty of an offence under paragraph (1) if he shows—

(a)

that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence; or

(b)

that the commission of the offence was otherwise due to matters beyond his control.

(3)

A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)

This paragraph applies to a licence granted under regulation 39 on or after 21^st August 2007.”.