Part II Nature Conservation, Countryside and National Parks

Miscellaneous and supplemental

47 Provisions with respect to the Countryside Commission.

(1)

Schedule 13 shall have effect as respects the F1Countryside Agency.

(2)

The Secretary of State may, with the approval of the Treasury, make to the F1Countryside AgencyF2or to the Countryside Council for Wales out of moneys provided by Parliament grants of such amount and subject to such conditions (if any) as he may, with the approval of the Treasury, think fit.

X1(3)

Sections 2, 4 and 95 of the 1949 Act and section 3 of the 1968 Act (which are superseded by this section) shall cease to have effect.

48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

49 Extension of power to appoint wardens.

(1)

This section applies to any land in a National Park or in the countryside if—

(a)

the public are allowed access to the land; and

(b)

there is no power under any of the provisions of the 1949 Act and the 1968 Act for a local authority, a local planning authority F4, the Countryside Council for Wales. or the F5Countryside Agency to appoint wardens as respects that land.

(2)

Subject to subsections (3) and (4) the power conferred on a local authority by section 92(1) of the 1949 Act (appointment of wardens) shall include a power, exercisable only with the agreement of the owner and of the occupier of any land to which this section applies, to appoint persons to act as wardens as respects that land.

(3)

The only purpose for which wardens may be appointed by virtue of subsection (2) is to advise and assist the public.

(4)

Notwithstanding the provisions of section 41(8) of the 1968 Act (F5Countryside AgencyF4or the Countryside Council for Wales to be local authority for purposes of section 92 of the 1949 Act), nothing in this section shall be construed as conferring on the F5Countryside AgencyF4or the Countryside Council for Wales any additional power to appoint wardens.

50 Payments under certain agreements offered by authorities.

(1)

This section applies where—

(a)

the Nature Conservancy Council offer to enter into an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act providing for the making by them of payments F6to any person; or

(b)

the relevant authority offer to enter into a management agreement providing for the making by them of payments to a person whose application for a farm capital grant has been refused in consequence of an objection by the authority.

(2)

Subject to subsection (3), the said payments shall be of such amounts as may be determined by the offeror in accordance with guidance given by the Ministers.

(3)

If the offeree so requires within one month of receiving the offer, the determination of those amounts shall be referred to an arbitrator (or, in Scotland, an arbiter) to be appointed, in default of agreement, by the Secretary of State; and where the amounts determined by the arbitrator exceed those determined by the offeror, the offeror shall—

(a)

amend the offer so as to give effect to the arbitrator’s (or, in Scotland, the arbiter’s) determination; or

(b)

except in the case of an offer made to a person whose application for a farm capital grant has been refused in consequence of an objection by the offeror, withdraw the offer.

(4)

In this section—

F7 “farm capital grant” has the same meaning as in section 32;

“management agreement” and “the relevant authority” have the same meanings as in section 41.

50 Payments under certain agreements offered by authorities.

(1)

This section applies where—

(a)

the Nature Conservancy Council offer to enter into an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act providing for the making by them of payments to—

(i)

a person who has given notice under section 28(5) or 29(4); or

(ii)

a person whose application for farm capital grant has been refused in consequence of an objection by the Council; or

(b)

the relevant authority offer to enter into a management agreement providing for the making by them of payments to a person whose application for a farm capital grant has been refused in consequence of an objection by the authority.

(2)

Subject to subsection (3), the said payments shall be of such amounts as may be determined by the offeror in accordance with guidance given by the Ministers.

(3)

If the offeree so requires within one month of receiving the offer, the determination of those amounts shall be referred to an arbitrator (or, in Scotland, an arbiter) to be appointed, in default of agreement, by the Secretary of State; and where the amounts determined by the arbitrator exceed those determined by the offeror, the offeror shall—

(a)

amend the offer so as to give effect to the arbitrator’s (or, in Scotland, the arbiter’s) determination; or

(b)

except in the case of an offer made to a person whose application for a farm capital grant has been refused in consequence of an objection by the offeror, withdraw the offer.

(4)

In this section—

“farm capital grant” has the same meaning as in section 32;

“management agreement” and “the relevant authority” have the same meanings as in section 41.

51 Powers of entry.

(1)

Any person authorised in writing by the relevant authority may, at any reasonable time and (if required to do so) upon producing evidence that he is authorised, enter any land for any of the following purposes—

F8(a)

to determine whether the land should be notified under section 28(1);

(b)

to assess the condition of the flora, fauna, or geological or physiographical features by reason of which land which has been notified under section 28(1) is of special interest;

(c)

to determine whether or not to offer to enter into an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act in relation to the land;

(d)

to ascertain whether a condition to which a consent referred to in section 28E(3)(a) was subject has been complied with in relation to the land;

(e)

to ascertain whether an offence under section 28P or under byelaws made by virtue of section 28R is being, or has been, committed on or in relation to the land;

(f)

to formulate a management scheme for the land or determine whether a management scheme (or a proposed management scheme) for the land should be modified;

(g)

to prepare a management notice for the land;

(h)

to ascertain whether the terms of an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act in relation to the land, or the terms of a management scheme or the requirements of a management notice in relation to the land, have been complied with;

(i)

to determine whether or not to offer to make a payment under section 28M in relation to the land;

(j)

to determine any question in relation to the acquisition of the land by agreement or compulsorily;

(k)

to determine any question in relation to compensation under section 20(3) of the 1949 Act as applied by section 28R of this Act;

(l)

to ascertain whether an order should be made in relation to the land under section 34 or if an offence under that section is being, or has been, committed on the land;

(m)

to ascertain whether an order should be made in relation to the land under section 42 or if an offence under that section is being, or has been, committed on the land;

but nothing in this subsection shall authorise any person to enter a dwelling.

F9(1A)

The power conferred by subsection (1) to enter land for any purpose includes power to enter for the same purpose any land other than that referred to in subsection (1).

(1B)

More than one person may be authorised for the time being under subsection (1) to enter any land.

(2)

In subsection (1) “the relevant authority” means—

(a)

for the purposes of F10paragraphs (a) to (k)of that subsection, the Nature Conservancy Council;

(b)

for the purposes of F10paragraph (l) of that subsection, the Secretary of State or the relevant authority within the meaning of section 34;

(c)

for the purposes of F10paragraph (m) of that subsection, the Ministers or the F11National Park authority.

(3)

A person shall not demand admission as of right to any land which is occupied unless either—

(a)

24 hours notice of the intended entry has been given to the occupier; or

F12(b)

the purpose of the entry is to ascertain if an offence under section 28P, 34 or 42 is being, or has been, committed on or (as the case may be) in relation to that land.

F13(3A)

A person acting in the exercise of a power conferred by subsection (1) may—

(a)

use a vehicle or a boat to enter the land;

(b)

take a constable with him if he reasonably believes he is likely to be obstructed;

(c)

take with him equipment and materials needed for the purpose for which he is exercising the power of entry;

(d)

take samples of the land and of anything on it.

(3B)

If in the exercise of a power conferred by subsection (1) a person enters land which is unoccupied or from which the occupier is temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.

(4)

Any person who intentionally obstructs a person acting in the exercise of any power conferred by subsection (1) shall be liable on summary conviction to a fine not exceeding F14level 3 on the standard scale.

F15(5)

It is the duty of a relevant authority to compensate any person who has sustained damage as a result of—

(a)

the exercise of a power conferred by subsection (1) by a person authorised to do so by that relevant authority, or

(b)

the failure of a person so authorised to perform the duty imposed on him by subsection (3B),

except where the damage is attributable to the fault of the person who sustained it; and any dispute as to a person’s entitlement to compensation under this subsection or as to its amount shall be referred to an arbitrator to be appointed, in default of agreement, by the Secretary of State

51 Powers of entry.

(1)

Any person authorised in writing by the relevant authority may, at any reasonable time and (if required to do so) upon producing evidence that he is authorised, enter any land for any of the following purposes—

(a)

to ascertain whether an order should be made in relation to that land under section 29 or if an offence under that section is being, or has been, committed on that land;

(b)

to ascertain the amount of any compensation payable under section 30 in respect of an interest in that land;

(c)

to ascertain whether an order should be made in relation to that land under section 34 or if an offence under that section is being, or has been, committed on that land;

(d)

to ascertain whether an order should be made in relation to that land under section 42 or if an offence under that section is being, or has been, committed on that land;

but nothing in this subsection shall authorise any person to enter a dwelling.

(2)

In subsection (1) “the relevant authority” means—

(a)

for the purposes of paragraphs (a) and (b) of that subsection, the Nature Conservancy Council;

(b)

for the purposes of paragraph (c) of that subsection, the Secretary of State or the relevant authority within the meaning of section 34;

(c)

for the purposes of paragraph (d) of that subsection, the Ministers or the National Park authority.

(3)

A person shall not demand admission as of right to any land which is occupied unless either—

(a)

24 hours notice of the intended entry has been given to the occupier; or

(b)

the purpose of the entry is to ascertain if an offence under section 29, 34 or 42 is being, or has been, committed on that land.

(4)

Any person who intentionally obstructs a person acting in the exercise of any power conferred by subsection (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

F1651ASummary prosecutions

(1)

Proceedings in England and Wales for a summary offence under this Part may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

(2)

But subsection (1) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed.

(3)

For the purposes of this section, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.

(4)

A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

52 Interpretation of Part II.

(1)

In this Part, unless the context otherwise requires,—

“agricultural land” does not include land which affords rough grazing for livestock but is not otherwise used as agricultural land;

“the Ministers”, in the application of this Part to England, means the Secretary of State and the Minister of Agriculture, Fisheries and Food, and, in the application of this Part to Scotland or Wales, means the Secretary of State.

F17 “the Nature Conservancy Councils” means F18English Nature, F19Scottish Natural Heritageand the Countryside Council for Wales;

and references to “the Nature Conservancy Council” shall be construed in accordance with section 27A.

F20“notice” and “notification” mean notice or notification in writing;

“site of special scientific interest” means an area of land which has been notified under section 28(1)(b);

(2)

F21In the application of this Part to England (except as respects F22a National Park for which a National Park authority is the local planning authority, a metropolitan county or Greater London) F23. . . references to a local planning authority shall be construed—

F24(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

F25. . . as references to a county planning authority and a district planning authority;

and in the application of this Part to Scotland references to a local planning authority shall be construed as references to a regional planning authority, a general planning authority and a district planning authority F26and, in sections 28 to 28D, shall also be construed in accordance with section 28(10);.

F27(2A)

Where a notification under section 28(1)(b) has been—

(a)

modified under section 28(5)(b),

(b)

varied under section 28A(3), or

(c)

varied with modifications under section 28A(5)(b),

(d)

extended under section 28B(2), or

(e)

extended with modifications by virtue of section 28B(7),

a reference to such a notification (however expressed) is (unless the context otherwise requires) a reference to the notification as thus altered.

(2B)

References to a notification under section 28(1) or 28(5)(b), or to a local land charge existing by virtue of section 28(9), shall be construed in accordance with section 28C(9).

(2C)

For the purposes of this Part, in relation to land in England and Wales which is common land, “occupier” includes the commoners or any of them; and

(a)

“common land” means common land as defined in section 22 of the M1Commons Registration Act 1965; and

(b)

“commoner” means a person with rights of common as defined in that section.

(3)

References in this Part to the conservation of the natural beauty of any land shall be construed as including references to the conservation of its flora, fauna and geological and physiographical features.

(4)

Section 114 of the 1949 Act shall apply for the construction of this Part.

(5)

F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .