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Amendment of section 177AC of Act of 2000
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11. Section 177AC of the Act of 2000 is amended—
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(a) in subsection (1)—
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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 into”,
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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 (1), and
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(b) after having considered modified or alternative proposed compensatory measures (if any) submitted under subsection (1)(b),
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form an opinion as to whether the compensatory measures, or modified or alternative proposed 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) in subsection (4), by the substitution of “and that the compensatory measures, or the modified or alternative proposed compensatory measures, as the case may be” for “and the Minister for Arts, Heritage and the Gaeltacht has furnished an opinion that the compensatory measures, or revised or modified compensatory measures as the case may be”,
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(d) in subsection (5)(c), by the substitution of “the Minister forms the opinion that the compensatory measures, or modified or alternative proposed compensatory measures, as the case may be” for “the Minister for Arts, Heritage and the Gaeltacht has given an opinion that the compensatory measures, or revised or modified compensatory measures as the case may be”,
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(e) in subsection (6)(b), by the substitution of “the Minister forms the opinion that” for “the Minister for Arts, Heritage and the Gaeltacht has given as his or her opinion that”, and
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(f) in subsection (8), by the substitution of “subsection (4), (5) or (6)” for “subsection (6), (7) or (8)”.
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