Environment Act 1995 (c. 25)

Part IE+W+S The Environment Agency and the Scottish Environment Protection Agency

[F1Chapter 1AE+W+SGeneral functions of the Agency and the Natural Resources Body for Wales]

Textual Amendments

F1Pt. I Ch. 1A heading inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 363(1) (with Sch. 7)

E+W+S

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

(1)Where [F2Natural England] F3... is of the opinion that any area of land in England F4...—

(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 [F5an appropriate agency] or by an authorisation given by [F5an appropriate agency],

[F6Natural England] shall notify the fact that the land is of special interest for that reason [F7to the appropriate agency].

[F8(1A)Where the Natural Resources Body for Wales is of the opinion that any area of land 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,

the Natural Resources Body for Wales 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 [F9an appropriate agency] or by an authorisation given by [F9an appropriate agency],

the National Park authority or Broads Authority shall notify the [F10appropriate 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 [F11an appropriate agency] has received a notification under subsection (1) [F12, (1A)] 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 [F13appropriate 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 [F14Natural England], [F15the Natural Resources Body 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 M1Norfolk and Suffolk Broads Act 1988; and
“National Park authority”, F16. . ., means a National Park authority established under section 63 below which has become the local planning authority for the National Park in question.

F17(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Words in s. 8(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 141(2)(a); S.I. 2006/2541, art. 2 (with Sch.)

F3Words in s. 8(1) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 366(2)(a)(i) (with Sch. 7)

F4Words in s. 8(1) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 366(2)(a)(ii) (with Sch. 7)

F5Words in s. 8(1)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 366(2)(b) (with Sch. 7)

F6Words in s. 8(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 366(2)(c)(i) (with Sch. 7)

F7Words in s. 8(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 366(2)(c)(ii) (with Sch. 7)

F8S. 8(1A) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 366(3) (with Sch. 7)

F9Words in s. 8(2)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 366(4)(a) (with Sch. 7)

F10Words in s. 8(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 366(4)(b) (with Sch. 7)

F11Words in s. 8(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 366(5)(a) (with Sch. 7)