- Latest available (Revised)
- Original (As enacted)
Nature Conservation (Scotland) Act 2004
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes to legislation:
There are currently no known outstanding effects for the Nature Conservation (Scotland) Act 2004, Section 17.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
17Operations by owners or occupiers of sites of special scientific interest: authorised operationsS
This section has no associated Explanatory Notes
(1)SNH’s consent under section 16 is not required in relation to the carrying out of an operation requiring consent—
(a)in respect of which permission has been given by a relevant regulatory authority in accordance with section 15,
[F1(aa)in accordance with a restoration notice given under section 20A(4) or a restoration order made under section 40(1),]
(b)which is authorised by a planning permission granted on an application under Part III of the Town and Country Planning (Scotland) Act 1997 (c. 8),
(c)which is an emergency operation particulars of which (including details of the emergency) are notified to SNH as soon as practicable after the necessity for the operation becomes apparent,
[F2(ca)in accordance with a control scheme made under section 8 of the Deer (Scotland) Act 1996 (c.58),]
(d)in accordance with the terms of a management agreement between SNH and the person carrying out the operation or causing or permitting it to be carried out, F3...
(e)which is carried out as required by a land management order[F4, or.
(f)if that operation is of a type described by order made by the Scottish Ministers.]
(2)Subsection (3) applies where—
(a)an owner or occupier of land within a site of special scientific interest carries out, or causes or permits to be carried out, an operation which would, but for subsection (1)(a) or (c), require SNH’s consent, and
(b)the operation damages any natural feature specified in an SSSI notification.
(3)Where this subsection applies the owner or occupier must—
(a)consult SNH as to the manner in which the natural feature should be restored to its former condition, and
(b)restore it, so far as is reasonably practicable, to that condition in accordance with any advice given by SNH in pursuance of paragraph (a).
(4)Section 16 and this section do not apply to an [F5operation in respect of which section 13 applies. ]
Textual Amendments
F1S. 17(1)(aa) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 40(1)(c), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(q)
F2S. 17(1)(ca) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(4)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)
F3Word in s. 17(1) repealed (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(4)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)
F4S. 17(1)(f) and word inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(4)(a)(iii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)
F5Words in s. 17(4) substituted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(4)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)
Commencement Information
I1S. 17 in force at 29.11.2004 by S.S.I. 2004/495, art. 2
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Chapter
PrintThe Whole Cross Heading
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.