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Amendment of section 177X of Act of 2000
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8. Section 177X of the Act of 2000 is amended—
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(a) in subsection (2)—
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(i) in paragraph (a), by the substitution of “consider whether” for “request the views of the Minister for Arts, Heritage and the Gaeltacht as to whether”,
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(ii) in paragraph (b), by the substitution of “In considering under paragraph (a) whether the compensatory measures specified in the statement of case are sufficient to ensure that the overall coherence of the Natura 2000 network is protected” for “Following receipt of the views of the Minister for Arts, Heritage and the Gaeltacht”, and
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(iii) in paragraph (c), by the deletion of “consultations with the Minister for Arts, Heritage and the Gaeltacht and”,
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(b) by the substitution of the following subsection for subsection (3):
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“(3) Having considered the compensatory measures proposed by the competent authority, the Minister shall, as soon as possible—
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(a) after consultations (if any) under paragraphs (b) and (c) of subsection (2), and
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(b) after having considered revised or modified compensatory measures (if any) submitted under subsection (2)(b),
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form an opinion as to whether the compensatory measures, or revised or modified compensatory measures, as the case may be, are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.”,
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(c) by the substitution of the following subsection for subsection (4):
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“(4) The Minister, when forming his or her opinion under subsection (3), may also give further consideration to whether imperative reasons of overriding public interest exist and shall form an opinion as to whether such reasons exist before he or she issues a notice under subsection (5) or (6).”,
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(d) in subsection (5), by the substitution of “Where the Minister forms the opinion that imperative reasons of overriding public interest exist and that” for “Where the Minister forms the opinion that imperative reasons of overriding public interest exist, and the Minister for Arts, Heritage and the Gaeltacht has furnished an opinion that”, and
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(e) in subsection (6), by the substitution of “Where the Minister forms the opinion that imperative reasons of overriding public interest do not exist or that” for “Where the Minister forms the opinion that imperative reasons of overriding public interest do not exist, or the Minister for Arts, Heritage and the Gaeltacht has furnished an opinion that”.
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