§ David BurnsideTo ask the Secretary of State for Northern Ireland what controls there will be on the powers of authorised officers regarding their authority to enter residential premises under the provisions of the Environment (Northern Ireland) Order 2002. [87302]
§ Angela SmithThe purpose of Part II of the Order is to minimise or reduce the pollution caused by emissions from industrial installations. The powers of entry provided for by this Part will be exercisable only in respect of such installations. In practice, they are not expected to have any application to residential premises except in the unlikely event that relevant industrial activities are carried out on such premises.
Part III of the Order deals with local air quality management and makes provision for only authorised persons to enter any premises used for residential purposes. Such persons must be authorised by an enforcing authority, ie, the Department of the Environment or a district council. In addition, entry onto residential premises must be either with the consent of a person who occupies the premises or under the authority of a warrant issued by a Justice of the Peace. These provisions are similar to those in other existing Northern Ireland environmental legislation, and are necessary to fulfil the required functions in Part III of the Order.
§ David BurnsideTo ask the Secretary of State for Northern Ireland what protection will be afforded to owners of property in lands adjacent to areas of special scientific interest under the Environment (Northern Ireland) Order 2002. [87304]
§ Angela SmithThe provisions relating to Areas of Special Scientific Interest (ASSIs) within the Environment (NI) Order do not impose any restrictions on land which lies adjacent to an existing ASSI. There is therefore no requirement to afford protection to the owners or occupiers of such land.
Article 43 of the Order will enable the Department to enter into an agreement with the owner or occupier of land which is adjacent to an ASSI in order to conserve or enhance its wildlife interests. Such agreements are entirely voluntary. A similar power already exists in relation to ASSIs in Article 9 of the Nature Conservation and Amenity Lands Order (NI) 1985.
545WArticle 30 of the Environment Order enables the Department to increase the area of an ASSI. This power will be subject to similar requirements to those applying for new ASSI declarations, including arrangements for representations or objections to be made.