Nature Conservation (Scotland) Act 2004

6 Review of operations requiring consent S

(1) SNH—

(a) must, on the request of any owner or occupier of land within a site of special scientific interest,

(b) may when it thinks fit,

review the operations requiring consent specified in an SSSI notification.

(2) SNH must not carry out—

(a) the first such review within 6 years of the date on which the SSSI notification was given,

(b) any subsequent such review within 6 years of the previous review,

except where the review is carried out under subsection (1)(b) and SNH has obtained the agreement of every owner and occupier of land within the site of special scientific interest.

(3) Such agreement is obtained if SNH gives notice of a proposed review to every owner and occupier of land within the site of special scientific interest and—

(a) every such person consents to SNH carrying out the review, or

(b) no reasonable objection by any such person to the carrying out of the review is received by SNH within 28 days of the date on which the notice was given.

(4) SNH may, in carrying out a review of operations requiring consent, also review any consents to carry out the operations given on applications under section 16(2).

(5) If, on completion of a review, SNH is of the opinion that the SSSI notification should be amended by—

(a) adding to the operations requiring consent specified in it,

(b) modifying the description of any operation requiring consent so specified, or

(c) removing any operation requiring consent so specified from it,

SNH must amend the SSSI notification by giving notification of the amendment to every owner and occupier of land within the site of special scientific interest.

Modifications etc. (not altering text)

C1 S. 6(2) excluded (29.11.2004) by Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 20(6) (with regs. 20-21)

Commencement Information

I1 S. 6 in force at 29.11.2004 by S.S.I. 2004/495, art. 2