s.9Procedure for designation
9
Section 9Part 3 — CONSERVATION OF LAND

Procedure for designation

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A nomination of an area for protected status may be made by any person or organisation upon the submission to the Council of a proposal which shall contain the following information —
a description of the area in sufficient detail to plot its boundaries on a map or chart;
a statement of the reasons why the area should be selected for protection having regard to the purposes and objectives in section 8(1) and the criteria in section 8(2);
a description of any protected species or other species of special concern known to reside in or migrate through the area; and
any conservation problems known to be associated with the area and any special protective measures which may be required.
A proposal under subsection (1) shall be received and evaluated by the Council and, for this purpose, the Council —
shall notify and consult with the proprietor of the area;
may consult such other persons or bodies as it thinks fit; and
may hold public hearings to assist it in the evaluation of the proposal.
A notification under subsection (2)(a) shall be sent by the Council to the proprietor by registered mail to the address of the proprietor on the Land Register or at his last known address.
The Council shall determine whether the nominated area serves a purpose or objective specified in section 8(1), having regard to the criteria in section 8(2) and —
if the area is Crown land, whether to recommend to the Cabinet that a protected area order be made; or
if the area is not Crown land, whether to recommend to the Cabinet that the area be purchased by the Crown and a protected area order be made or a conservation agreement be made with the proprietor of the area.
Where —
in accordance with subsection (2)(a), a proprietor of an area is notified by the Council and the Council has consulted with him; and
the proprietor of the area confirms in writing thereafter to the Council that he will not agree to his area being purchased by the Crown or that he will not enter into a conservation agreement with the Crown in respect of such area,
the Council shall not make a recommendation under subsection (4).
The Council, before submitting a recommendation to the Cabinet to designate a protected area in accordance with a proposal, shall —
publish a notice of the proposal in at least two issues of a public newspaper circulating in the Islands in each of two consecutive weeks; and
notify and consult with the proprietors of any land contiguous to the area.
A notice under subsection (6)(b) shall be sent by the Council to the proprietors by registered mail to the address of the proprietors on the Land Register or at their last known address.
The notice referred to in subsection (6) shall —
identify the area concerned and explain the effects of the recommendation;
specify a place or places, which shall include a place in the relevant district, where copies of the proposal may be inspected by the public; and
state the address to which written objections or representations with regard to the recommendation should be sent.
The Council shall take into account any written objection or representation with regard to the proposal received within ninety days of the date of the latest notice referred to in subsection (6), or such longer period as may be stated in the notice, and shall thereafter take one of the following steps —
submit the original proposal, together with copies of all written objections or representations, to the Cabinet;
amend the original proposal and re-advertise it in accordance with this section;
amend the original proposal and, provided the amendments are not substantial, submit the amended proposal, together with copies of all written objections or representations, to the Cabinet; or
withdraw the recommendation.

Defined Terms

protected statusproprietor

Cross References

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