- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (24/05/1994)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 30/01/2001
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Wildlife and Countryside Act 1981, Section 32 is up to date with all changes known to be in force on or before 09 August 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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(1)Where an application for [F1a farm capital grant] is made as respects expenditure incurred or to be incurred for the purpose of activities on land notified under section 28(1) or land to which section 29(3) applies, the appropriate Minister—
(a)shall, so far as may be consistent with the purposes of [F2the grant provisions], so exercise his functions thereunder as to further the conservation of the flora, fauna, or geological or physiographical features by reason of which the land is of special interest; and
(b)where the Nature Conservancy Council have objected to the making of the grant on the ground that the activities in question have destroyed or damaged or will destroy or damage that flora or fauna or those features, shall not make the grant except after considering the objection and, in the case of land in England, after consulting with the Secretary of State.
(2)Where, in consequence of an objection by the Council, an application for a grant as respects expenditure to be incurred is refused on the ground that the activities in question will have such an effect as is mentioned in subsection (1)(b), the Council shall, within three months of their receiving notice of the appropriate Minister’s decision, offer to enter into, in the terms of a draft submitted to the applicant, an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act—
(a)imposing restrictions as respects those activities; and
(b)providing for the making by them of payments to the applicant.
[F3(3)In this section—
“the appropriate Minister” means the Minister responsible for determining the application;
“farm capital grant” means—
(a)a grant under a scheme made under section 29 of the Agriculture Act 1970; or
(b)a grant under regulations made under section 2(2) of the European Communities Act 1972 to a person carrying on an agricultural business within the meaning of those regulations in respect of expenditure incurred or to be incurred for the purposes of or in connection with that business, being expenditure of a capital nature or incurred in connection with expenditure of a capital nature;
“grant provisions” means—
(i)in the case of such a grant as is mentioned in paragraph (a) above, the scheme under which the grant is made and section 29 of the Agriculture Act 1970; and
(ii)in the case of such a grant as is mentioned in paragraph (b) above, the regulations under which the grant is made and the Community instrument in pursuance of which the regulations were made.]
Textual Amendments
F1Words substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(2)(a)
F2Words substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(2)(b)
F3S. 32(3) substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(3)
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