Environment Act 1995

8 Environmental duties with respect to sites of special interest. E+W+S

(1) Where the Nature Conservancy Council for England or the Countryside Council for Wales is of the opinion that any area of land in England or, as the case may be, in Wales—

(a) is of special interest by reason of its flora, fauna or geological or physiographical features, and

(b) may at any time be affected by schemes, works, operations or activities of the Agency or by an authorisation given by the Agency,

that Council shall notify the fact that the land is of special interest for that reason to the Agency.

(2) Where a National Park authority or the Broads Authority is of the opinion that any area of land in a National Park or in the Broads—

(a) is land in relation to which the matters for the purposes of which sections 6(1) and 7 above (other than section 7(1)(c)(iii) above) have effect are of particular importance, and

(b) may at any time be affected by schemes, works, operations or activities of the Agency or by an authorisation given by the Agency,

the National Park authority or Broads Authority shall notify the Agency of the fact that the land is such land, and of the reasons why those matters are of particular importance in relation to the land.

(3) Where the Agency has received a notification under subsection (1) or (2) above with respect to any land, it shall consult the notifying body before carrying out or authorising any works, operations or activities which appear to the Agency to be likely—

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

(b) significantly to prejudice anything the importance of which is one of the reasons why the matters mentioned in subsection (2) above are of particular importance in relation to that land.

(4) Subsection (3) above shall not apply in relation to anything done in an emergency where particulars of what is done and of the emergency are notified to the Nature Conservancy Council for England, the Countryside Council for Wales, the National Park authority in question or, as the case may be, the Broads Authority as soon as practicable after that thing is done.

(5) In this section—

• “authorisation” includes any consent or licence;

• “the Broads” has the same meaning as in the M1 Norfolk and Suffolk Broads Act 1988; and

• “National Park authority”, subject to subsection (6) below, means a National Park authority established under section 63 below which has become the local planning authority for the National Park in question.

(6) As respects any period before a National Park authority established under section 63 below in relation to a National Park becomes the local planning authority for that National Park, any reference in subsections (1) to (4) above to a National Park authority shall be taken as a reference to the National Park Committee or joint or special planning board for that National Park.

Marginal Citations

M1 1988 c. 4.