Environment Act 1995

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Environment Act 1995

Changes over time for: Section 8

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Status:

Point in time view as at 26/12/2023.

Changes to legislation:

Environment Act 1995, Section 8 is up to date with all changes known to be in force on or before 07 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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8 Environmental duties with respect to sites of special interest.E+W+S

(1)Where [F1Natural England] F2... is of the opinion that any area of land in England F3...—

(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 [F4an appropriate agency] or by an authorisation given by [F4an appropriate agency],

[F5Natural England] shall notify the fact that the land is of special interest for that reason [F6to the appropriate agency].

[F7(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 [F8an appropriate agency] or by an authorisation given by [F8an appropriate agency],

the National Park authority or Broads Authority shall notify the [F9appropriate 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 [F10an appropriate agency] has received a notification under subsection (1) [F11, (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 [F12appropriate 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 [F13Natural England], [F14the 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”, F15. . ., means a National Park authority established under section 63 below which has become the local planning authority for the National Park in question.

F16(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words 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.)

F2Words 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)

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)(ii) (with Sch. 7)

F4Words 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)

F5Words 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)

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)(ii) (with Sch. 7)

F7S. 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)

F8Words 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)

F9Words 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)

F10Words 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)