Regulation 36 Amendments to the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995

After regulation 72 insert the following regulations—

“Application of criminal offences to the Crown

73.

(1)

No contravention by the Crown of any provision made by these Regulations makes the Crown criminally liable; but the High Court may, on the application of any person appearing to the Court to have an interest, declare unlawful an act or omission of the Crown which constitutes such a contravention.

(2)

Notwithstanding paragraph (1), the provisions of these Regulations apply to persons in the public service of the Crown as they apply to any other person.

Advisory role of the JNCC

74.

(1)

The Joint Nature Conservation Committee may provide advice or make representations to any competent authority in relation to—

(a)

any question about whether that authority is obliged to carry out an appropriate assessment in relation to a European offshore marine site under these Regulations;

(b)

any appropriate assessment upon which that authority is obliged to consult it under these Regulations;

(c)

any application made pursuant to paragraph (1) of regulation 56 and sent to the Committee by that authority pursuant to paragraph (4)(a) of that regulation.

(2)

The Joint Nature Conservation Committee may undertake, commission or support (whether by financial means or otherwise) such research and other scientific work which it considers is required for the purposes of providing advice or making representations under this regulation.

(3)

In this regulation “research” includes inquiries and investigations.”.