Wildlife and Countryside Act 1981

39 Management agreements with owners and occupiers of land.E+W

(1)A relevant authority may, for the purpose of conserving or enhancing the natural beauty or amenity of any land which is F1. . . within their area or promoting its enjoyment by the public, make an agreement (in this section referred to as a “management agreement”) with any person having an interest in the land with respect to the management of the land during a specified term or without limitation of the duration of the agreement.

(2)Without prejudice to the generality of subsection (1), a management agreement—

(a)may impose on the person having an interest in the land restrictions as respects the method of cultivating the land, its use for agricultural purposes or the exercise of rights over the land and may impose obligations on that person to carry out works or agricultural or forestry operations or do other things on the land;

(b)may confer on the relevant authority power to carry out works for the purpose of performing their functions under the 1949 Act and the 1968 Act; and

(c)may contain such incidental and consequential provisions (including provisions for the making of payments by either party to the other) as appear to the relevant authority to be necessary or expedient for the purposes of the agreement.

(3)The provisions of a management agreement with any person interested in the land shall, unless the agreement otherwise provides, be binding on persons deriving title under or from that person and be enforceable by the relevant authority against those persons accordingly.

(4)Schedule 2 to the M1Forestry Act 1967 (power for tenant for life and others to enter into forestry dedication covenants) shall apply to management agreements as it applies to forestry dedication covenants.

(5)In this section “the relevant authority” means—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(aa)as respects land within the Broads, the Broads Authority;]

(b)

F4(c)as respects any other land, the local planning authority.

[F5(d)as respects any land in England, the Countryside Agency;

(e)as respects any land in Wales, the Countryside Council for Wales;

(f)as respects land in any area of outstanding natural beauty designated under section 82 of the Countryside and Rights of Way Act 2000 for which a conservation board has been established under section 86 of that Act, that board.]

(6)The powers conferred by this section on a relevant authority shall be in addition to and not in derogation of any powers conferred on such an authority by or under any enactment.

Textual Amendments

F1Words in s. 39(1) repealed (1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, ss. 96(a), 102, 103(2), Sch. 16 Pt. VI; S.I. 2001/114, art. 2(2)(m); S.I. 2001/1410, art. 2(q)

F5S. 39(5)(d)-(f) inserted (1.4.2001 for E. and 1.5.2001for W.) by 2000 c. 37, s. 96(b); S.I. 2001/114, art. 2(2)(f); S.I. 2001/1410, art. 2(h)

Modifications etc. (not altering text)

Marginal Citations