1995 No. 3212
(N.I.21) NORTHERN IRELAND
The Agriculture (Conservation Grants)(Northern Ireland) Order
1995
Made
13th December 1995
Laid
before Parliament 22nd December 1995
Coming
into operation 14th February 1996
At the Court at Buckingham Palace, the 13th day
of December 1995
Present,
The Queen's Most Excellent Majesty in Council
Whereas this Order is made only for purposes corresponding
to those
of section 98 of the Environment Act 1995:
Now, therefore, Her Majesty, in exercise of the
powers conferred
by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974
(as modified by section 125(6) of the said Act of 1995) and of
all
other powers enabling Her in that behalf, is pleased, by and with
the advice of Her Privy Council, to order, and it is hereby ordered,
as follows:--
Title and commencement
1. This Order may be cited as the Agriculture
(Conservation Grants) (Northern Ireland) Order 1995 and shall
come into operation on the
expiration of 2 months from the day on which it is made.
Interpretation
2. The Interpretation Act (Northern Ireland)
1954 shall apply to
Article 1 and the following provisions of this Order as it applies
to
a Measure of the Northern Ireland Assembly.
Grants for purposes conducive to conservation
3.--(1) The Department of Agriculture, with
the consent of the
Department of Finance and Personnel, may by regulations make
provisions for and in connection with the making of grants to
persons who do, or who undertake to the Department of Agriculture
that they will do, anything which in the opinion of that Department
is conductive to--
(a)
the conservation or enhancement of the natural beauty
of
the countryside (including its flora and fauna and
geological
and physiographical features) or of any features
of
archaeological interest there; or
(b)
the promotion of the enjoyment of the countryside by
the
public.
(2)
Regulations under this Article may--
(a)
make a different provision for different areas;
(b)
provide for grants to be made subject to conditions;
(c)
confer power on the Department of Agriculture to
modify,
in any particular case, the conditions to which
a
grant would otherwise be subject, if it is satisfied that
the
making of that grant, subject to the conditions as so
modified,
is consistent with the purposes for which the
regulations
are made;
(d)
make provision for or in connection with the recovery
of
any sums paid by way of grant, or the withholding of
any
further payments of grant, in cases where the applicant
for
the grant--
(i)
in making the application or in furnishing any
information
in connection with the application, has made
a
statement which was false or misleading in a material
respect;
(ii)
has failed to do something which he undertook
to
do if the grant was made; or
(iii)
is in breach of any condition subject to which the
grant
was made.
(3)
Regulations under this Article shall be subject to negative
resolution.
(4)
The powers conferred by this Article are in addition to any
other
powers of the Department of Agriculture.
___________________________________________________________
EXPLANATORY NOTE
(This note is not part of the Order)
This Order is made only for purposes
corresponding to those of
section 98 of the Environment Act 1995.
The Order confers power on the Department of
Agriculture to make
regulations for the making of grants to persons doing, or undertaking
to do, anything conductive to the conservation or enhancement
of the
countryside or the promotion of the enjoyment of the countryside
by
the public.
