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AMENITY LANDS ACT (NORTHERN IRELAND) 1965

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - LONG TITLE

An Act to provide for the public acquisition and disposal of
certain lands in the interests of amenity or otherwise; for the
establishment of the Ulster Countryside Committee and Nature Reserves
Committee; for the creation and management of National Parks and of
nature reserves; for the control of areas of outstanding natural
beauty and of scientific interest; for the clearing of derelict
sites; and for purposes connected with those matters.
[31st March 1965]
PART I

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 1

1.(1) Where the Ministry of Development (in this Act referred to as
"the Ministry") considers that it is expedient to acquire land for
the purpose of

(a)preserving any area of natural beauty or amenity;

(b)establishing any area of scientific interest as a nature reserve
within the meaning of section 11;

(c)providing means of access to any area of the kind referred to
in paragraphs (a) and (b);

(d)providing, in or in relation to any such area or any National
Park within the meaning of section 6, facilities for the use of
that area or Park by the public;

(e)restoring or improving the appearance of a derelict site within
the meaning of section 16 or of improving the amenities of the
neighbourhood of a derelict site;

(2) Where the Ministry desires to acquire otherwise than by
agreement any land for any of the purposes referred to in
subsection (1), the Ministry may make an order vesting that land in
the Ministry, and the provisions of [Article 10(3) and (4) of, and
Schedule 3 to, the Drainage (Northern Ireland) Order 1973] shall
with the modifications thereof specified in [subsection (2A)] apply
for the purpose of the making of vesting orders under this section.

[(2A) The said provisions as applied for the purpose aforesaid shall
have effect as if references therein to

(a)the Ministry of Agriculture were references to the Ministry;

(b)the said Order were references to this Act; and

(c)Article 10 of that Order were references to this section.]

(3) Where the Ministry is of the opinion that any land acquired
under this section would be more expediently or efficiently managed
or preserved in the public interest by

(a)the National Trust for Places of Historic Interest or Natural
Beauty;

(b)any government department;

(c)a local or public authority; or

(d)such other body as the Ministry thinks suitable;

(i)impose such restrictions as the Ministry may think necessary on
the user of the land so conveyed; and

(ii)grant or reserve such rights over such land as the Ministry may
think fit.

(4) Without prejudice to subsection (3), the Ministry may, with the
approval of the Ministry of Finance, dispose of any land acquired
under this section which the Ministry no longer requires for any of
the purposes referred to in subsection (1), upon such terms and
conditions as the Ministry may think fit, and may impose
restrictions and grant or reserve rights as if the land were
conveyed under subsection (3).

(5) Nothing in section 5 of the Stormont Regulation and Government
Property Act (Northern Ireland) 1933 (which relates to the taking
and disposal of land for the public services) shall affect the
disposal by the Ministry of land acquired under this section.[

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 1A
Grants and loans to the National Trust for acquisition etc. of
amenity lands.

1A.(1) The Department may make grants (whether by way of endowment
or otherwise) or loans to the National Trust for Places of Historic
Interest or Natural Beauty towards the cost of

(a)acquiring any land for the purpose of

(i)preserving any area of natural beauty or amenity;

(ii)establishing any area of scientific interest as a nature reserve
within the meaning of section 11;

<(iii)providing means of access to any area of the kind referred to in sub-paragraphs (i) and (ii);

(b)improving, maintaining or managing any land so acquired.

(2) Grants and loans under subsection (1) shall be on such terms
and conditions as the Department, with the approval of the
Department of Finance, thinks fit.]

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 2
Power of Ministry to enter into agreements or covenants restricting
use of land.

2.(1) Where any owner of land in any area which in the opinion of
the Ministry

(a)is one of natural beauty or amenity; ...

Para.(b) rep. by 1972 NI 17 art.110(2) sch.7

(2) Where an owner entering into an agreement or covenant under
subsection (1) has power to make that agreement or covenant binding
upon his successors in title, and the agreement or covenant is
expressed to be so binding, the Ministry shall have power to
enforce that agreement or covenant against such successors in the
like manner and to the like extent as if the Ministry were
possessed of or entitled to or interested in adjacent land and as
if the agreement or covenant had been expressed to be entered into
for the benefit of the adjacent land.

(3) The Ministry may waive (either permanently or temporarily) any
condition imposed by an agreement or covenant made under subsection
(1) which is inconsistent with any provision of a [development plan
or development order under the Planning (Northern Ireland) Order
1972].

(4) An agreement or covenant made under subsection (1) or any
waiver relating thereto shall be registered in the Statutory Charges
Register ....[

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 2A
Agreements for management of land as nature reserve.

2A.(1) The Ministry may enter into an agreement with any owner,
lessee or occupier of any land, being land which in the opinion of
the Ministry should be managed as a nature reserve, for securing
that it is so managed.

(2) An agreement under subsection (1) may impose such restrictions
as may be expedient on the exercise of rights over the land by
persons who can be bound by the agreement.

(3) An agreement under subsection (1)

(a)may provide for the management of the land in such manner, the
carrying out thereon of such work, and the doing thereon of such
other things as may be expedient for the purposes of the agreement;

(b)may provide for any of the matters mentioned in subsection (2)
being carried out, or for the cost thereof being defrayed, either
by the said owner or other persons, or by the Ministry, or partly
in one way and partly in another;

(c)may contain such other provisions as to the making of payments
by the Ministry, and in particular for the payment by it of
compensation for the effect of the restrictions mentioned in
subsection (2), as may be specified in the agreement.

(4) Where an owner of land, or other person having an estate in
land, by such an agreement as is mentioned in subsection (1) grants
or agrees to grant any right as respects the land, the grant or
agreement shall be binding upon any person deriving title or
otherwise claiming under the grantor to the same extent as it is
binding upon the grantor notwithstanding that it would not have been
binding upon that person apart from this subsection.

(5) An agreement under subsection (1) may be made irrevocably or
subject to such provisions for revocation or variation as may be
specified in the agreement.

(6) Subsection (3) of section 2 shall apply in relation to an
agreement under subsection (1) as it applies in relation to an
agreement under subsection (1) of that section.]

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 3
Power of Ministry to carry out works and provide facilities.

3.(1) The Ministry may carry out such works or do such other
things on land acquired under section 1 as the Ministry thinks
necessary or expedient for the proper management and use of that
land for the purpose for which that land was acquired.

(2) Where the Ministry is of opinion that the facilities on or in
relation to land acquired under section 1 (other than a nature
reserve or a derelict site) are inadequate or unsatisfactory, the
Ministry may, with the approval of the Ministry of Finance, provide
or arrange for the provision of, on or in relation to such land,
the following facilities

(a)accommodation, meals and refreshments;

(b)camping sites and caravan parks;

(c)parking places;

(d)such other facilities for persons using the land as the Ministry
may think fit.

(3) Where any land of the kind referred to in subsection (2) is
covered by water, the Ministry may, with the approval of the
Ministry of Finance and after consultation with any authority having
statutory functions in relation to the water, provide or arrange for
the provision of facilities for the use by the public of the water
for recreation.

(4) Where the Ministry is of opinion that the facilities on or in
relation to a nature reserve are inadequate or unsatisfactory, the
Ministry may, with the approval of the Ministry of Finance, provide
or arrange for the provision of, in relation to that reserve, the
following facilities

(a)accommodation;

(b)parking places;

(c)such other facilities (other than the provision of scientific
equipment) as the Ministry, after consultation with the Nature
Reserve Committee, may think fit for the purposes of that reserve.

(5) The provisions of subsections (2) to (4) shall apply in
relation to land subject to a covenant or agreement under section 2
[or 2A] as they apply in relation to land acquired by the Ministry
under section 1 if

(a)the agreement or covenant so provides; or

(b)the owner of the land consents to the Ministry carrying out
works, doing other things, or providing or arranging for the
provision of facilities.

(6) The Ministry

(a)may, with the approval of the Ministry of Finance, make charges
which are in the opinion of the Ministry reasonable for facilities
provided by the Ministry under this section;

(b)shall ensure that any charges made for facilities provided
pursuant to an arrangement made by the Ministry under this section
are subject to the approval of the Ministry.

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 4
The Ulster Countryside Committee.

4.(1) The Minister of Development (in this Act referred to as "the
Minister") shall appoint a committee, to be known as the "Ulster
Countryside Committee", consisting of not more than twelve members,
to

(a)advise the Ministry upon any matter under or in connection with
any provision of this Act;

(b)inquire into and report on such questions as the Ministry may
from time to time refer to the committee, being questions affecting
the natural beauty or amenity of any area or place in Northern
Ireland; ...

Para.(c) rep. by 1972 NI 17 art.110(2) sch.7

(2) The provisions of Schedule 2 shall apply to the Ulster
Countryside Committee.

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 5
The Nature Reserves Committee.

5.(1) The Minister shall appoint a committee, to be known as the
"Nature Reserves Committee", consisting of not more than twelve
persons, to

(a)advise the Ministry on any matter under or in connection with
any of the provisions of Part III (nature reserves and areas of
scientific interest); ...

Para.(b) rep. by 1972 NI 17 art.110(2) sch.7

(2) The provisions of Schedule 2 shall apply to the Nature Reserves
Committee.

Meaning of "National Park".

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 6

6. In this Act the expression "National Park" means an extensive
area of countryside in relation to which the Ministry considers it
desirable that measures be taken for the purposes of

(a)preserving or enhancing the natural beauty or amenities of that
area;

(b)protecting wild life, historic objects or natural phenomena
therein;

(c)promoting the enjoyment by the public of the said area; and

(d)providing or maintaining public access thereto.

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 7
Designation of National Park.

7.(1) The Ulster Countryside Committee shall advise the Ministry upon
the establishment and management of National Parks.

(2) The Ministry may by order designate an area as a National Park
and the provisions of Schedule 3 shall apply to any such
designation.

(3) Before making any such designation the Ministry shall consult
the council of each county and of each urban or rural district the
whole or part of whose area is within the area to be designated.[

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 7A
Proposals in relation to National Park.

7A.(1) The Ministry may formulate proposals for the achievement, in
relation to the area of a National Park, of the purposes referred
to in section 6.

(2) Before formulating any proposals under subsection (1) the
Ministry shall consult the Ulster Countryside Committee and each
district council the whole or part of whose area is within the
area of the National Park.]

Ss.8, 9 rep. by 1972 NI 17 art.110(2) sch.7

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 10
Areas of outstanding natural beauty.

10.(1) Where the Ministry, after consultation with the Ulster
Countryside Committee, is satisfied that an area of the countryside
other than in a National Park needs to be specially protected by
reason of its outstanding natural beauty, the Ministry shall

(a)notify that fact to each [district council] whose area lies
wholly or partly within such area;

(b)forward to that [district council] a map delineating such area.

Subs.(2)(3) rep. by 1972 NI 17 art.110(2) sch.7

Meaning of "nature reserve".

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 11

11. In this Act the expression "nature reserve" means any area
reserved, managed and used for the protection and maintenance therein
of wild life, wild vegetation and objects of geological,
physiographical or other scientific or special interest, in the
public interest and in order to provide opportunities for study or
research for students of such life, vegetation and objects.

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 12
Advice and consultations on nature reserves.

12.(1) The Nature Reserves Committee shall advise the Ministry on
the establishment and management of nature reserves.

(2) Where any land proposed for establishment as a nature reserve
lies wholly or partly within the area of a [district council], the
Ministry shall consult that [district council] before

(a)acquiring the land under section 1; or

(b)entering into any agreement or covenant under section 2 [or 2A]
in relation to that land.

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 13
Declarations in relation to nature reserve.

13.(1) The Ministry may declare that any land

(a)acquired under section 1; or

(b)in relation to which an agreement or covenant has been entered
into under section 2 [or 2A];

(2) Where the Ministry has made a declaration under subsection (1)
in relation to any land and the Ministry is satisfied

(a)that the land has ceased to be managed as a nature reserve; or

(b)that the agreement or covenant under section 2 [or 2A] has
ceased to be in force;

(3) Any declaration under subsection (1) or (2) shall be conclusive
evidence of the matters therein declared.

(4) The Ministry shall give notice of any declaration under this
section in such manner as appears to the Ministry best suited for
informing persons concerned.

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 14
Byelaws for protection of nature reserves.

14.(1) Subject to the provisions of this section, the Ministry may
make byelaws for the protection of any nature reserve in relation
to which a declaration under section 13(1) is in force.

(2) Without prejudice to subsection (1), byelaws under this section
may

(a)provide for prohibiting or restricting the entry into, or movement
within, the nature reserve of persons, vehicles, boats and animals;

(b)prohibit or restrict the killing, taking, molesting or disturbance
of living creatures of any description in the nature reserve, the
taking, destruction or disturbance of eggs of any such creature, the
taking of, or interference with, vegetation of any description in
the nature reserve, or the doing of anything therein which will
interfere with the soil or damage any object in the reserve;

(c)prohibit or restrict the shooting of birds or of birds of any
description within such area surrounding or adjoining the nature
reserve (whether the area be of land or of sea) as is requisite
for the protection of the nature reserve;

(d)regulate or prohibit the taking away of soil, turf, sand or
minerals of any description;

(e)prohibit or restrict, or provide for prohibiting or restricting,
the lighting of fires in the nature reserve, or the doing of
anything likely to cause fire in the nature reserve; and

(f)provide for the issue, on such terms and subject to such
conditions as may be specified in the byelaws, of permits
authorising entry into the nature reserve or the doing of anything
therein which would otherwise be unlawful, whether under the byelaws
or otherwise.

(3) Before making byelaws under this section the Ministry shall
consult the Nature Reserves Committee.

(4) Byelaws under this section shall not interfere with the exercise
by any person of a right vested in him as owner, lessee or
occupier of land in a nature reserve or with the exercise of any
public right of way or of any statutory functions of any local or
public authority in relation to any such land.

(5) Where the exercise of any right vested in a person by reason
of his being entitled to any estate in land is prevented or
hindered by virtue of byelaws made under subsection (2)(c), he shall
be entitled to receive from the Ministry in respect thereof
compensation calculated by reference to the depreciation of the value
of that estate in land.

(6) Any dispute arising on a claim for compensation under subsection
(5) shall, in the absence of agreement be referred to and
determined by the Lands Tribunal.

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 15
Areas of scientific interest.

15.(1) Where the Ministry, after consultation with the Nature
Reserves Committee, is satisfied that any area of land (other than
land in a nature reserve) is of scientific interest by reason of
its wild life, wild vegetation, geological, physiographical or other
special features, and accordingly needs to be specially protected,
the Ministry shall

(a)notify that fact to each [district council] in whose area the
land is wholly or partially situate; and

(b)forward to that [district council] a map delineating that area of
land.

Subs.(2)(3) rep. by 1972 NI 17 art.110(2) sch.7

Powers of the Ministry in relation to derelict sites.

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 16

16.(1) In this section

"derelict site" means land ... which the Ministry, after consultation
with the [district council] considers [as detracting] from the
amenity of the area by reason of any unsightly, dilapidated or
neglected structure or works or unsightly vegetation, refuse or waste
material on the land;

Definition rep. by SRO (NI) 1973/285

"owner" means any person (other than a mortgagee not in possession)
who is the holder of or who is for the time being entitled to
sell or otherwise dispose of the fee simple (including a fee farm
grant) of the land or any person entitled to possession of the
land by virtue of any estate in the land other than a mere
licence; and

"voluntary body" means any body of persons, whether corporate or
unincorporate, carrying on or proposing to carry on an undertaking
otherwise than for profit.

(2) The Ministry may, with the approval of the Ministry of Finance,
grant to the owner of a derelict site a sum not exceeding one-half
of any expenditure which the owner may incur with the prior
approval of the Ministry for the purpose of restoring, or improving
the appearance of, the site.

(3) The Ministry may, with the consent of the owner of a derelict
site, arrange with a voluntary body to assist that owner to
restore, or improve the appearance of, the site.

(4) The Ministry may, with the approval of the Ministry of Finance,
make a contribution towards any expenses which a voluntary body may
incur in providing assistance under subsection (3).

(5) In relation to a derelict site acquired under section 1, the
Ministry may agree with a [district council] in whose [district] the
site is situate that

(a)the [district council] shall carry out such work as appears to
the Ministry to be necessary to restore, or improve the appearance
of, the site; and

(b)the expenses of the [district council] in carrying out work of
the kind referred to in paragraph (a) shall be defrayed by the
Ministry.

Information service to be provided by Ministry.

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 17

17.(1) The Ministry may take such steps as are necessary for
securing that persons interested will be informed of the situation,
extent, natural and other special features of National Parks, nature
reserves, areas of outstanding natural beauty or scientific interest,
and land in any area of natural beauty or amenity which is
acquired under section 1 or subject to an agreement or covenant
under section 2 [or 2A].

(2) The Ministry shall ensure that suitable methods of publicity are
used for

(a)the prevention of damage in National Parks and the other areas
and land referred to in subsection (1); and

(b)encouraging a proper standard of behaviour on the part of persons
visiting those Parks, areas and land.

(3) The steps taken by the Ministry under subsections (1) and (2)
may for the purposes of those subsections include the making of
contributions towards expenses incurred by other persons.

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 18
Byelaws governing land acquired or subject to agreement or covenant.

18.(1) Without prejudice to section 14, the Ministry may, as
respects land

(a)acquired under section 1; or

(b)subject to an agreement or covenant under section 2 [or 2A],
where the agreement or covenant so provides;

(2) Without prejudice to the generality of subsection (1), byelaws
under this section

(a)may prohibit or restrict the use of the land, either generally
or in a manner specified in the byelaws, by traffic of any
description so specified;

(b)may prohibit or restrict, either generally or in a manner
specified in the byelaws, the use of mechanically-propelled vessels
on watercourses in, or whose shores lie within, any such land; and

(c)may regulate or prohibit the lighting of fires on the land;

(d)where a camping site, caravan park or parking place is provided
under section 3, may provide for the use of that site, park or
place under such conditions as may be specified in the byelaw; and

(e)may regulate or prohibit the taking away of soil, turf, sand or
minerals of any description from the land.

(3) Byelaws under this section shall not interfere with the exercise
by any person of a right vested in him as owner, lessee or
occupier of any land of the kind referred to in subsection (1) or
with the exercise of any public right of way or of any statutory
functions of any local or public authority in relation to any such
land.

(4) In this section "watercourse" includes tidal and coastal waters,
rivers, canals, lakes and reservoirs.

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 19
Enforcement of, and offences against byelaws.

19.(1) The Ministry may authorise persons appointed or employed by
the Ministry to enforce byelaws made under sections 14 and 18 and
to take all steps, and do all acts and things, necessary for that
purpose.

(2) In particular, any person authorised under subsection (1) may
after due warning remove or exclude a person from any land to
which a byelaw made under section 14 or 18 applies who commits, or
whom he reasonably suspects of committing, an offence against

(a)any such byelaw; or

(b)section 4 of the Vagrancy Act 1824.

(3) A person who

(a)commits an offence against any byelaw made under section 14 or
18; or

(b)obstructs any person authorised under subsection (1);

Wardens for National Parks.

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 20

20.(1) The Ministry shall appoint persons to act as wardens in
National Parks.

(2) Wardens appointed under subsection (1) for a National Park shall

(a)advise and assist owners of land in the Park, and advise persons
visiting the Park on the facilities available in the Park;

(b)encourage a proper standard of behaviour by persons visiting the
Park; and

(c)perform such other duties, if any, in relation to the Park as
the Ministry may determine.

(3) Subsections (1) and (2) shall not authorise a warden appointed
under subsection (1) to do, on any land in which a person other
than the Ministry has an interest, anything, without the consent of
that person, which apart from this section would be actionable by
such person by virtue of that interest.

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 21
Matters with regard to which functions of authorities to be
exercised.

21.(1) It shall be the duty of the Ministry, the Ulster Countryside
Committee, the Nature Reserves Committee and any other body having
functions under this Act, in the exercise of such functions, to
have due regard to the needs of agriculture and forestry, the
preservation of game and wildfowl and the destruction of vermin.

(2) In the exercise of its functions under this Act the Ministry
shall have due regard to any representations made to it by the
Ministry of Agriculture on behalf of persons engaged in agriculture
or forestry.

S.22 rep. by 1977 NI 12 art.22 sch.3. S.23 rep. by SLR 1976

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 24
Saving for Crown etc.

24.(1) Nothing in the foregoing provisions of this Act shall operate
so as to prejudice any powers or property of the Crown or of any
government department (including a department of the government of
the United Kingdom) or to authorise any matter or thing to be done
without the consent of the Minister of Transport or of the Crown
Estate Commissioners in any case where that consent is required to
be obtained by virtue of section 9 of the Northern Ireland
(Miscellaneous Provisions) Act 1932.

(2) Nothing in the foregoing provisions of this Act shall be taken
to authorise the compulsory acquisition by the Ministry of any land
which is occupied by or for the purposes of any other government
department (including a department of the government of the United
Kingdom) or local or public authority.

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 25
Interpretation.

25. In this Act

"local or public authority" includes any authority or body specified
in paragraph 1 of Schedule 1 to the Government Loans Act (Northern
Ireland) 1957 as an authority or body to whom government loans may
be made by the Ministry of Finance under section 2 of that Act;

Definition rep. by 1972 NI 17 art.110(2) sch.7

"Minister" has the meaning assigned by section 4(1);

"Ministry" has the meaning assigned by section 1(1);

"National Park" has the meaning assigned by section 6;

"nature reserve" has the meaning assigned by section 11;

Definition rep. by 1972 NI 17 art.110(2) sch.7

AMENITY LANDS ACT (NORTHERN IRELAND) 1965 - SECT 26
Short title.

26. This Act may be cited as the Amenity Lands Act (Northern
Ireland) 1965.

Schedule 1 rep. by 1973 NI 1 art.45 sch.10

1. A member of the Committee shall hold office for a period of
three years and shall, upon ceasing to hold office, be eligible for
re-appointment.

2. The Chairman of the Committee shall be such person as the
Minister may appoint.

3. The Committee shall have power to regulate its own quorum and
procedure.

4. No salary shall be paid to any member of the Committee but the
Ministry may pay to any member allowances for travelling and other
out-of-pocket expenses incurred by him in connection with the
business of the Committee at such rates as the Ministry, with the
approval of the Ministry of Finance, may determine.

5. The Committee shall prepare and submit to the Minister an annual
report and the Minister shall lay a copy of the report before each
House of Parliament.

6. The Secretary to the Committee shall be such person as the
Ministry may appoint.

1.(1) Before the Ministry makes or varies an order designating a
National Park, the Ministry shall prepare a draft of that order and
shall give notice

(a)stating the proposal to make the order and the effect thereof;

(b)naming a place or places in the locality to which the draft
relates where a copy of the draft and of any map referred to
therein may be inspected; and

(c)specifying the time (not being less than 28 days) within which,
and the manner in which, representations or objections with respect
to the draft may be made.

(2) The notice to be given under sub-paragraph (1) shall be given
by publication in the Belfast Gazette and in two newspapers
circulating in the area to which the draft order relates.

2.(1) If no representations or objections are duly made, or if any
so made are withdrawn, the Ministry shall make the order.

(2) If any representation or objection duly made is not withdrawn,
the Ministry shall, before making the order, if the objection is
made by a local authority cause a local inquiry to be held and in
any other case either

(a)cause a local inquiry to be held, or

(b)afford to any person by whom any representation or objection has
been duly made and not withdrawn an opportunity of being heard by
a person appointed by the Ministry for the purpose,

(3) Notwithstanding anything in sub-paragraph (2), the Ministry shall
not make an order so as to affect land not affected by a draft
order except after

(a)giving notice, by publication in the Belfast Gazette and in two
newspapers circulating in the area to which the proposal relates,
the proposal so to modify the draft order, specifying the time (not
being less than 28 days) within which, and the manner in which,
representations or objections with respect to the proposal may be
made;

(b)holding a local inquiry, or affording to any person by whom any
representation or objection has been duly made and not withdrawn an
opportunity of being heard by a person appointed by the Ministry
for the purpose; and

(c)considering the report of the person appointed to hold the
inquiry or to hear representations or objections, as the case may
be.

(4) If, as the result of any representations or objections
considered, or inquiry or other hearing held, in connection with an
order designating a National Park or the making of an order varying
such an order, the Ministry is of the opinion that the Ulster
Countryside Committee, a local authority or any other person ought
to be consulted before the Ministry makes the order, the Ministry
shall consult the said Committee, authority or other person but,
subject to the provisions of sub-paragraph (3) of this paragraph,
shall not be under any obligation to consult any other person, or
to afford any opportunity for further representations or objections
or to cause any further inquiry or other hearing to be held.

3. As soon as may be after an order has been made the Ministry
shall publish, in the Belfast Gazette and in two newspapers
circulating in the area to which the order relates, a notice
describing the effect of the order, stating that the order has been
made, and naming a place where a copy thereof may be inspected at
all reasonable hours.

Schedule 4 rep. by 1972 NI 17 art.110(2) sch.7