The Conservation of Habitats and Species Regulations 2010

Powers of compulsory acquisition

Powers of compulsory acquisition

34.—(1) Where the appropriate nature conservation body are satisfied—

(a) that they are unable, as respects any interest in land within a European site, to conclude a management agreement on terms appearing to them to be reasonable, or

(b) where they have entered into a management agreement as respects such an interest, that a breach of the agreement has occurred which prevents or impairs the satisfactory management of the European site,

they may acquire that interest compulsorily.

(2) Such a breach as is mentioned in paragraph (1)(b) is not to be treated as having occurred by virtue of any act or omission capable of remedy unless there has been default in remedying it within a reasonable time after notice given by the appropriate nature conservation body requiring that act or omission to be remedied.

(3) Any dispute arising as to whether there has been such a breach of a management agreement is to be determined by an arbitrator appointed by the Lord Chancellor.

(4) The power of compulsory acquisition conferred by paragraph (1) on the appropriate nature conservation body may be exercised in any particular case only after authorisation by the appropriate authority.

(5) In relation to any acquisition of land under this regulation, the Acquisition of Land Act 1981(1) applies; and in relation to any such acquisition of any interest in land, the Compulsory Purchase Act 1965(2) applies.

(6) In this regulation—

(a) “land” includes any interest in land; and

(b) an “interest”, in relation to land, includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an interest in land or by virtue of a licence or agreement, and in particular includes sporting rights.

(1)

1981 c. 67.

(2)

1965 c. 56.