Summary and Background Part 5: Nature Conservation Hearings Section 138: Hearings by Secretary of State or Welsh Ministers
397.This section makes provision for the Secretary of State to hold a hearing before deciding whether to confirm a byelaw or revoke an emergency or interim byelaw. The section also makes provision for the Welsh Ministers to hold hearings before deciding whether to make a conservation order or an interim order.
398.Subsection (3) gives Ministers discretion to give any person the opportunity of being heard by an inspector or other appointed person, either orally or in writing. Subsection (5) requires these representations to be reported back to Ministers.
399.Subsection (4) allows Ministers to make regulations setting out the procedures to be followed, including the awarding of costs (for example where one party incurs additional costs as a result of the unreasonable behaviour of another party).