(1)SNH’s consent under section 16 is not required in relation to the carrying out of an operation requiring consent—
(a)in respect of which permission has been given by a relevant regulatory authority in accordance with section 15,
[F1(aa)in accordance with a restoration notice given under section 20A(4) or a restoration order made under section 40(1),]
(b)which is authorised by a planning permission granted on an application under Part III of the Town and Country Planning (Scotland) Act 1997 (c. 8),
(c)which is an emergency operation particulars of which (including details of the emergency) are notified to SNH as soon as practicable after the necessity for the operation becomes apparent,
[F2(ca)in accordance with a control scheme made under section 8 of the Deer (Scotland) Act 1996 (c.58),]
(d)in accordance with the terms of a management agreement between SNH and the person carrying out the operation or causing or permitting it to be carried out, F3...
(e)which is carried out as required by a land management order[F4, or.
(f)if that operation is of a type described by order made by the Scottish Ministers.]
(2)Subsection (3) applies where—
(a)an owner or occupier of land within a site of special scientific interest carries out, or causes or permits to be carried out, an operation which would, but for subsection (1)(a) or (c), require SNH’s consent, and
(b)the operation damages any natural feature specified in an SSSI notification.
(3)Where this subsection applies the owner or occupier must—
(a)consult SNH as to the manner in which the natural feature should be restored to its former condition, and
(b)restore it, so far as is reasonably practicable, to that condition in accordance with any advice given by SNH in pursuance of paragraph (a).
(4)Section 16 and this section do not apply to an [F5operation in respect of which section 13 applies. ]
Textual Amendments
F1S. 17(1)(aa) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 40(1)(c), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(q)
F2S. 17(1)(ca) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(4)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)
F3Word in s. 17(1) repealed (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(4)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)
F4S. 17(1)(f) and word inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(4)(a)(iii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)
F5Words in s. 17(4) substituted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(4)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)
Commencement Information
I1S. 17 in force at 29.11.2004 by S.S.I. 2004/495, art. 2