National Parks and Access to the Countryside Act 1949

21 Establishment of nature reserves by local authorities

(1) The council of a county or county borough shall have power to provide, or secure the provision of, nature reserves on any land in their area (not being land held by, or managed in accordance with an agreement entered into with, the Nature Conservancy) as to which it appears to the council expedient that it should be managed as a nature reserve.

(2) Any power of a county council under the last foregoing subsection as respects land in a county district may, with the consent of the county council and of the Nature Conservancy, be exercised by the council of the county district.

(3) Where the Nature Conservancy have consented under the last foregoing subsection to the exercise of a power by the council of a county district, but the county council have refused their consent thereto, the Minister, on the application of the council of the county district and after consultation with the county council and the Nature Conservancy, may direct that the said power shall be exercisable by the council of the county district.

(4) The foregoing provisions of this Part of this Act shall apply to the provision of nature reserves by local authorities under this section with the substitution for references to the Nature Conservancy of references to the local authority and as if the references in subsection (1) of sections sixteen and seventeen respectively of this Act to the national interest included references to the interests of the locality.

(5) A local authority may, as respects any land which is being managed as a nature reserve by the authority, enter into an agreement with any drainage authority for the exercise by the drainage authority, on such terms as to payment or otherwise as may be specified in the agreement, of any power of doing work exercisable by the local authority under the foregoing provisions of this section.

(6) A local authority shall exercise their functions under this Part of this Act in consultation with the Nature Conservancy.

(7) The following provisions shall have effect for the application of this section to Scotland:—

(a) the reference to the council of a county shall, in the case of counties combined under subsection (1) of section one hundred and eighteen of the Local Government (Scotland) Act, 1947, mean the joint county council;

(b) for the reference to a county borough there shall be substituted a reference to a large burgh;

(c) the expression " county " means a county inclusive of any small burgh situated therein;

(d) the expressions " large burgh" and " small burgh" have the same meanings as in the Local Government (Scotland) Act, 1947;

(e) subsections (2) and (3) shall be omitted.