Wildlife and Countryside Act 1981

Changes over time for: Section 28

Version Superseded: 08/09/2000

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Point in time view as at 27/03/1998. This version of this provision has been superseded.

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Wildlife and Countryside Act 1981, Section 28 is up to date with all changes known to be in force on or before 14 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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28 Areas of special scientific interest.E+W+S

(1)Where the Nature Conservancy Council are of the opinion that any area of land is of special interest by reason of any of its flora, fauna, or geological or physiographical features, it shall be the duty of the Council to notify that fact—

(a)to the local planning authority in whose area the land is situated;

(b)to every owner and occupier of any of that land; and

(c)to the Secretary of State.

[F1(2)A notification under subsection (1) shall specify the time (not being less than three months from the date of the giving of the notification) within which, and the manner in which, representations or objections with respect thereto may be made; and the Council shall consider any representation or objection duly made.]

(3)

F2(4)A notification under subsection (1)(b) shall specify—

(a)the flora, fauna, or geological or physiographical features by reason of which the land is of special interest; and

(b)any operations appearing to the Council to be likely to damage that flora or fauna or those features.

[F3(4A)Where a notification under subsection (1) has been given, the Council may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either—

(a)give notice to the persons mentioned in subsection (1) withdrawing the notification; or

(b)give notice to those persons confirming the notification (with or without modifications);

and the notification shall cease to have effect—

(i)on the giving of notice of its withdrawal under paragraph (a) of this subsection to any of the persons mentioned in subsection (1), or

(ii)if not withdrawn or confirmed by notice under paragraph (a) or (b) of this subsection within the said period of nine months, at the end of that period.

(4B)The Council’s power under subsection (4A)(b) to confirm a notification under subsection (1) with modifications shall not be exercised so as to add to the operations specified in the notification or extend the area to which it applies.

(4C)As from the time when there is served on the owner or occupier of any land which has been notified under subsection (1)(b) a notice under subsection (4A) confirming the notification with modifications, the notification shall have effect in its modified form in relation to so much (if any) of that land as remains subject to it.]

(5)The owner or occupier of any land which has been notified under subsection (1)(b) shall not [F4while the notification remains in force] carry out, or cause or permit to be carried out, on that land any operation specified in the notification unless—

(a)one of them has, [F5after service on him of the notification], given the Council written notice of a proposal to carry out the operation specifying its nature and the land on which it is proposed to carry it out; and

(b)one of the conditions specified in subsection (6) is fulfilled.

(6)The said conditions are—

(a)that the operation is carried out with the Council’s written consent;

(b)that the operation is carried out in accordance with the terms of an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act; and

(c)that [F6four months] have expired from the giving of the notice under subsection (5).

[F7(6A)If before the expiry of the four months referred to in subsection (6)(c) the relevant person agrees with the Council in writing that, subject to subsection (6B), the condition specified in paragraph (c) of subsection (6) shall not apply in relation to the operation mentioned in subsection (5)(a), then, subject to subsection (6B), subsection (5) shall as from the date of the agreement have effect in relation to the operation in question (as regards both the owner and the occupier of land) as if paragraph (c) of subsection (6) were omitted.

(6B)If after an agreement has been made with the Council under subsection (6A) the relevant person (whether a party to the agreement or not) gives the Council written notice that he wishes to terminate the agreement, then as from the giving of the notice subsection (5) shall have effect in relation to the operation in question (as regards both the owner and the occupier of the land) as if paragraph (c) of subsection (6) specified the condition that one month or, if the notice under this subsection specified a longer period, that longer period has expired from the giving of the notice under this subsection.

(6C)In subsection (6A) and (6B) “the relevant person”—

(a)in a case where the notice under subsection (5) was given by the owner of the land in question, means the owner of that land;

(b)in a case where that notice was given by the occupier of that land, means the occupier of that land.]

(7)A person who, without reasonable excuse, contravenes subsection (5) shall be liable on summary conviction to a fine not exceeding [F8level 4 on the standard scale].

(8)It is a reasonable excuse in any event for a person to carry out an operation if—

(a)the operation was authorised by a planning permission granted on an application under [F9Part III of the Town and Country Planning Act 1990] or [F10Part III of the Town and Country Planning (Scotland) Act 1997]; or

(b)the operation was an emergency operation particulars of which (including details of the emergency) were notified to the Council as soon as practicable after the commencement of the operation.

(9)The Council shall have power to enforce the provisions of this section; but nothing in this subsection shall be construed as authorising the Council to institute proceedings in Scotland for an offence.

(10)Proceedings in England and Wales for an offence under subsection (7) shall not, without the consent of the Director of Public Prosecutions, be taken by a person other than the Council.

(11)A notification under subsection (1)(b) of land in England and Wales shall be a local land charge.

[F11(12)The Council shall compile and maintain a register of notifications in respect of each local planning authority in Scotland.

(12A)There shall be included in any such register as is mentioned in subsection (12)—

(a)copies of all notifications given under subsection (1) which relate wholly or partly to land situated within the district of the authority;

(b)copies of all plans referred to in any such notification; and

(c)copies of all notices served under subsection (4A) which relate to any such notification.

(12B)Each local planning authority in Scotland shall keep a copy of the register relating to their district available at their principal office for free public inspection, and may similarly keep, at such of their other offices as they think fit, a copy of such part of the register as appears to them to relate to the area in which the office is situated.]

(13)Section 23 of the 1949 Act (which is superseded by this section) shall cease to have effect; but any notification given under that section shall have effect as if given under subsection (1)(a).

[F12(13A)For the purposes of this section “local planning authority”, in relation to land within the Broads, includes the Broads Authority.]

(14)F13

Textual Amendments

F1S. 28(2) substituted (with saving) by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4:5), s. 2(2)(10)

F2S. 28(3) repealed by Wildlife and Countryside (Service of Notices) Act 1985 (c. 59, SIF 4:5), s. 1(2)

F3S. 28(4A)–(4C) inserted (with saving) by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4:5), s. 2(4)(10)

F4Words inserted by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4:5), s. 2(5)(a)(11)

F5Words substituted by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4:5), s. 2(5)(b)(11)

F6Words substituted by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4:5), s. 2(6)(11)

F7S. 28(6A)–(6C) inserted by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4:5), s. 2(7)(ii)

F8Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

F9Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 54(1)