Countryside Management

Countryside management is the responsibility of the Department of the Environment. It is advised by the Nature Council for Nature Conservation in the countryside. It also has regard to representations made by persons engaged in agriculture, fisheries, forestry, and other entities.

The Nature Conservation and Amenity Lands NI Order provides for the designation of natural parks and areas of outstanding beauty. The Council for Nature Conservation of the Countryside advises the Department of the Environment in relation to a range of matters affecting nature conservation and the countryside.

The Department of Environment may designate an area of outstanding natural beauty. Over one-fifth of the land area of Northern Ireland is so designated. This includes, in particular, coastlines, mountains, and glens. Certain consultations are required in advance, and representations are permitted.

Areas of outstanding natural beauty may be conserved to define landscapes of high scenic quality. AOMBs have been designated to include many coastal areas and extend to over 20 percent of the land area of Northern Ireland.

The designation is designed to protect the special character of scenic quality of the area concerned. The Department of the Environment cooperates with private landowners and voluntary bodies in the preservation. This may be undertaken through a range of measures, including covenants, compulsory acquisition of land, agreement, planning control, and grant aid.

The department may enter a management agreement for the purpose of conserving and enhancing the natural beauty or amenity of an area by promoting its enjoyment by the public. This may be entered into with the landowner for a limited or unlimited period.

The agreement may place restrictions on the use of the land. It may, for example, limit the land for particular types of agriculture. It may require works on the part of the owner. The covenants and restrictions may bind the owner and must be registered in the statutory charges register.

The department has powers to compulsorily acquire lands for the purpose of conservation of areas of natural beauty or amenity, providing access to them, providing for national parks and facilities for parks, restoring and approving the appearance of derelict sites and amenities in the neighbourhood of a derelict site.

The department may adopt bylaws in relation to land which is owned or subject to a management agreement or restrictive covenant. The department may authorise its officers to enforce bylaws.

The department may designate national parks where this is desirable for conserving and enhancing natural beauty or amenities, conserving wildlife, historic objects, or natural phenomena therein, promoting enjoyment by the public of the area, providing public access.

There is a procedure for designating, providing for the publication of draft proposals followed by confirmation after considering representations. Bylaws may be made in relation to national parks.

The legislation provides for country and regional parks. These are non-statutory designations.

The Department of Environment has powers to contribute towards the cost incurred by individuals, councils, and voluntary bodies in activities and conservation of the countryside. It may make grants and loans to the National Trust, plus the costs of acquiring and conserving areas of natural beauty and amenity towards improving or maintaining or managing land. The loans and grants may be subject to such conditions.

EU agricultural regulations, dating back to the 1980s, provided for the introduction of environmental conditions into agricultural funding. Environmentally sensitive areas may be designated by the Department of Agriculture where it is desirable to conserve, enhance, or protect environmental features by using particular agricultural methods. Management agreements may be entered into between the department and farmers providing for environmentally friendly farming methods (Replaced?) in the 2000s.

Widespread areas may be designated as environmentally sensitive areas. The purposes may be to conserve and enhance natural beauty, preserve flora and fauna, geographical and physiological features, and protect buildings and other objects of archaeological, architectural, or historic interest.

Management agreements may provide for stocking levels, prohibiting the use of fertilisers, limiting the use of herbicides, preventing pollutants, prohibiting certain works on construction projects, and numerous other controls.

Breach of the agreement permits the department to terminate this and recover all or part of the monies advanced.

The Habitats Improvement Regulations NI, 1995 provide for the improvement and creation of habitats. Grant assistance is available to applicants who undertake to withdraw land from agricultural use for a period and establish habitat or use farming practices environmentally compatible with environmental protection for a certain period to establish or improve habitats.

Under the scheme, change of ownership or occupation must be notified. Undertakings are given.

The Department of Environment policess compliance. Participating farmers must provide assistance to persons in improving compliance.

The planning legislation exempts many agricultural activities, and these are entirely subject to controls in the context of ASSIs, SACs, and SPA.

The comon agricultural policy reforms from the mid-1990s onwards. The policy of subsidising production has been largely de-emphasised, and supported payments are based on the countryside maintenance principle.

The rural environmental protection scheme and, most significantly, the single farm payment are conditioned upon keeping the lands in good agricultural and environmental condition. The latter constitutes the basic scheme. The rural environmental protection scheme in Northern Ireland conditions high levels of payment on achieving environmental targets. Agreements may be entered into in relation to the management of the land.

District Councils must assert, protect, and keep open public rights of way. They may institute proceedings to protect the right of way.

Councils may maintain public rights of way in consultation with the landowners. Councils must make maps and records of public rights of way. They may make signposts, erect and maintain signposts in consultation with the landowner where appropriate.

Owners of the land crossed by public right of way must maintain a stile, gate, or other structure. It must be maintained in good repair and safe condition. It must not interfere unreasonably with the rights of persons using the right of way. Certain exemptions are available in respect of agricultural lands. The council is obliged to contribute at least 25 percent of expenses incurred or more if it considers reasonable in the circumstances.

If the owner fails to repair the stile, gate, etc., the council may undertake the works and recover the costs from the landowner.

The owner or occupier of the land used for agriculture or forestry may request the District Council to permit the erection of gates, etc., on rights of way to prevent the escape of animals. The council may permit the gates, etc., subject to conditions that may be imposed.

A right of way over land used for agriculture or forests may be diverted, allowing for ploughing. Conditions are imposed in relation to reinstatement. The temporary diversion may be permitted by the District Council.

It is an offence to permit a bull in a field crossed by a public right of way. Bull over 10 months old.

It is an offence to erect any sign designed to deter the public from using the right of way.

Councils may make bylaws in relation to land subject to a right of way. The bylaws may be for the purpose of ensuring access, preventing damage, and recovering expenses of repair from persons who have damaged the right of way. Rangers may be appointed by councils to enforce the bylaws.

District Councils may provide public paths by agreement with landowners or by compulsory means. Where the creation of the path is necessary or expedient and it is not possible to proceed by agreement, the compulsory method may be employed. The council must consult with the Department of environment and other bodies who have an interest in the area of concern. A draft order is submitted to the Department for confirmation where it is opposed by third parties.

Public path creation orders and agreements must be registered in the statutory charges register.

The council may close or divert a public path. Where the order is opposed, it must be confirmed by the Department of the environment. It may be closed having regard to the extent of use, the likely effect of closure on the land served. Extinguishment must be noted in the statutory charges register.

A public path may be diverted. This may create a new path or extinguish an existing path. Where the diversion is opposed, it must be confirmed by the Department of the environment.

Where an owner or occupier initiates the diversion, a contribution may be required from him in relation to the provision of the new path.

In the case of diversions and closure, certain bodies must be consulted including the Department of environment and other bodies who may be affected.

Diversion or closure may be provided to enable development of people completed for planning permission or development by governmental bodies’ submission.

Where the creation of an appropriate path, its diversion or extinguishment, the values of land, persons who have suffered loss may be entitled to compensation. The compensation is to be equal to the amount of depreciation or damage caused. Compensation may be claimed if the action would have been subject to compensation at common law.

Provision is made for the creation of long-distance routes. A report must be submitted to the Department of the environment. Once approved, the District Council may implement the proposal. The Department may provide financial assistance.

The access to the countryside legislation introduced in England and Wales in the 1940s had no equivalent in England and Northern Ireland until 1983. The range of legislation mentioned in previous sections relating to nature conservation deriving from both domestic Northern Ireland Law and European Union requirements provide for effective preservation of the countryside.

District Councils, in consultation with the Department and other interested bodies, may identify land as open country to which access should be secured for the public for recreation. The council may enter an access agreement or, where it is necessary to secure access compulsorily, an access order.

An access order or agreement provides that when a person enters the land for open or recreational right, causing damage is not to be liable as a trespasser. The person may not violate any statutory provision or bylaws. The particular access agreement or order may be subject to conditions and restrictions. They may be related to particular parts of the land, periods of the area of restricted activity.

Access agreements may be entered with landowners containing conditions of access. They may provide for a contribution to expenses.

The council is obliged to serve a copy of the agreement on persons with an interest in the land.

Where no access order is entered and it would be impracticable to enter an access agreement, the council may make an access order compulsorily. It must be submitted to the Department of the environment for confirmation.

An access order or agreement must be registered in the statutory charges register.

Where land is subject to an access order, the owner or occupier must not undertake works that will substantially reduce the area to which the public have access.

Where an access order causes devaluation in the value of land or damage, the District Council must pay compensation equal to the loss in value. There is generally no compensation unless the land is directly affected by the order.

The Department must also be consulted by District Councils in relation to various aspects of proposed decisions under the legislation. The Department may contribute towards the expenses and costs incurred by District Councils in implementing the legislation.

Compensations is also generally payable in respect of certain categories of land, so-called accepted lands subject itself to certain exceptions. Compensation is generally paid after five years of operation provided that compensation on account may be made within the five years where there are special circumstances. The purpose of the five-year window is considering the extent of actual impact on the land by the access order.

Where land is being used for agricultural or forestry purposes, representations may be made to the Department of the environment to refuse or vary an access order or agreement. Where the Department is satisfied that the agriculture or forestry use outright the benefits from public access, the Department following certain procedures may make an access or variation order.

District Councils may enforce the terms of access orders.

District Councils may acquire land by agreement or compulsory for the purpose of giving public access to the countryside. It may do so if it is impracticable to obtain access by other means such as an act above.

The Department of environment has powers to acquire land by agreement or acquisition for the purpose of providing access to open country.

District Councils must maintain maps of lands subject to public access. The maps should also define areas to which the public does not have access.

Copies of the maps must be made available at places where it thinks fit. They may be also available for inspection.

Councils may make bylaws in relation to lands subject to access orders or agreement. The bylaws must be for the purpose of preventing damage and ensuring public order on the land.