ASSIs

There are two separate schemes for the designation of sites for protection for both flora and fauna, as well as geological and other factors. The domestic legislation derives from the Nature Conservation and Amenity (NA Order 1985, as amended).

Superimposed on this are the so-called European sites under the natural habitats directive. These are implemented, not known, by the Conservation of Natural Habitats Regulations NI 1985, as amended.

The Nature Conservation and Amenity Lands NI Order provides for the designation of sites as areas of special scientific interest, national nature reserves, areas of outstanding beauty, nature reserves, and marine nature reserves. Nature reserves are generally on publicly-owned land and are actively managed by the Department of Environment or other public bodies.

Areas of special scientific interest are usually on private land but are subject to additional restrictions and regulations. Nature reserves and national nature reserves are usually under public control.

ASSI areas may also be listed as special areas of conservation. Under the habitats directive, a special protection area is under the Board’s directive.

The Department of Environment is obliged to actively formulate and implement measures for nature conservation. It may undertake research, provide information, grant loans, and carry out work.

Public bodies that exercise legal powers in relation to land must have regard to the need to conserve the natural beauty and amenity of the countryside and protect, insofar as reasonably practicable, flora, fauna, geological, and physiographical features of the countryside from harmful effects that may ensue from the exercise of its powers. Bodies are also to have due regard to the needs of agriculture, forestry, and fisheries.

Regard is to be had to representations made by the Department of Agriculture. The bodies are also obliged to exercise their functions, having regard to the requirements of EU legislation.

The Council for Nature Conservation and the Countryside advises the Department of the Environment relating to nature conservation and the countryside. The council advises the Department in relation to the establishment of nature reserves. District Councils must consult the council regarding District Council nature reserves.

The council must be consulted in relation to the declaration and removal of ASSI. It may advise in relation to grants; the Conservation of Natural Habitats Regulations also require the Departments to consult before taking certain steps in relation to European sites. The body also liaises with equivalent agencies in the rest of the United Kingdom.

The Department for Environment may declare an ASSI. It must be satisfied that the area is one of special scientific interest by reason of flora, geography, or physiographical features, and local needs to be specially protected. It must be so declared if it needs special protection.

The ASSI is selected having regard to its importance in nature conservation. In broad terms, sites relate to habitats, species, and Earth sciences. There are different criteria for the different types of sites.

Most ASSIs are privately owned. They may range from relatively small sizes to Lough Neagh ASSI, which is the largest.

In designating a site, the particular flora, fauna, or feature that makes the land of special scientific interest must be specified. Once an ASSI has been designated, any–

A wide range of activities are potentially notifiable. This may include any cultivation, planning, seeding, grazing, application of manure, burning, release of wild animals or fish, storage of materials, use of vehicles, or any other aspect that may disturb the features of interest. The designation will specify the particular activities that are notifiable. It may include one or more of the above.

Once the declaration is made, the listed notifiable activities are notified to the District Council, owners, and occupiers. Statutory bodies are also informed.

The notification will set out the terms of the declaration, period, and manner in which representation and objections to the declaration must be made. This must be at least three months from the date of notification.

The Department of Environment considers representations and objections to the declaration submitted within the time limit. It may modify or cancel its proposal. It must give details of its notice to every owner, occupier, and the District Council.

The restrictions apply equally to a proposed unconfirmed ASSI as to a confirmed ASSI.The Department of Environment may enter into a management agreement with the owner or occupier of land declared to be an ASSI. The agreement may impose restrictions on the land.

It may provide for the payment of compensation and make provisions for positive management in a particular manner. Works may be required. Management agreements are binding on the land and on successive owners.

Loans and grants may be made to assist owners and occupiers of lands declared as ASSIs in managing, improving, and conserving their land. Tax exemption may be available. There may be an exemption from inheritance tax where certain conservation areas have been agreed under a management agreement. Sale of the land to a conservation body may qualify for a capital gains tax concession.

Declarations of lands or areas of special scientific interest are registered in the statutory charges register. Management agreements are also registered in it.

The Department may acquire land that has been declared an ASSI by agreement. It may also acquire land for the purpose of affording access. It may transfer land to a third party if it considers that it may think fit. Management conserved land in the public interest, restrictions may be placed on the use of the land. The Department may impose or reserve such restrictions as it sees fit.

Owners and occupiers of ASSIs may not carry out any notifiable operations mentioned above without notifying the Department of the Environment. There are a number of different consent procedures depending on the activity or operation. Failure to comply is an offence subject to summary prosecution, with a fine not exceeding level 5 on the standard scale.

It is a defence if the operation is authorized by planning commission or is an emergency operation, details of which were notified to the Department as soon as practicable after.

Where an owner or occupier wishes to carry out an operation that would not cause any damage to the scientific interest of the ASSI area, he may do so provided he gives notice, either orally or in writing, the Department has given written consent, and he has not been served with an intention to purchase the land compulsorily.

In the case of other types of operations which potentially damage the ASSI, this is permissible only if the following has been complied with:

• Written notice must be given of the proposed activity.
• The notice to compulsorily acquire the land has not been served.
• One of the following:

• • Written consent has been issued.
  • The operation is in accordance with the management agreement.
  • The Department has, within three months, received a notice offering to enter a management agreement or acquire the person’s interest. If a further period of negotiation may be declared by the Department, of up to six months.

An owner or occupier who has been found guilty of an offence of breaching the notification requirement which causes damage to the feature of the land that is protected, the court which makes a conviction may make an order requiring the land to be restored to its former condition. This work must be done after the expiry of the notice of appeal period for the decision of the magistrate’s court.

Failure to comply with the restoration order is itself an offence subject to a fine up to level 5 on the standard scale. It is also a continuing defense subject to a fine up to £500 per day. Thereafter, if the restoration order has not been complied with, the Department may enter or cause its contractors to enter the land, carry out the works, and recover the costs.

The Department of Environment is obliged to pay compensation in certain circumstances for loss sustained as a result of a declaration of ASSI.

Compensation may be payable in relation to agricultural land where the value is less than it would have been but for the declaration. The amount is equal to the diminution in value. The claim for compensation may only be made if the Department has given notice of its decision to either confirm, resent, or modify the ASSI in light of objections and representations.

When a loss is incurred by reason of an extension of the negotiation period beyond three months where a notice of the proposed works has been given and expenditure has been reasonably incurred, which has been rendered necessary by reason of the extension.

The Department of the Environment may amend an ASSI declaration. It is obliged to inform every council, owner, and occupier affected by the proposed notification.