Wildlife and Countryside Act 1981

[F1 29 Special protection for certain areas of special scientific interest. E+W+S

(1) Where it appears to the Secretary of State expedient to do so—

(a) in the case of any land to which this paragraph applies, for the purpose of securing the survival in Great Britain of any kind of animal or plant or of complying with an international obligation; or

(b) in the case of any land to which this paragraph applies, for the purpose of conserving any of its flora, fauna, or geological or physiographical features,

he may, after consultation with the Nature Conservancy Council, by order apply subsection (3) to that land; and the provisions of Schedule 11 shall have effect as to the making, confirmation and coming into operation of orders under this section.

An order made under this section may be amended or revoked by a subsequent order so made.

(2) Paragraphs (a) and (b) of subsection (1) apply to any land which in the opinion of the Secretary of State is—

(a) of special interest; and

(b) in the case of paragraph (b) of that subsection, of national importance,

by reason of any of its flora, fauna, or geological or physiographical features.

(3) Subject to subsection (4), no person shall carry out on any land to which this subsection applies any operation which—

(a) appears to the Secretary of State to be likely to destroy or damage the flora, fauna, or geological or physiographical features by reason of which the land is land to which paragraph (a) or, as the case may be, paragraph (b) of subsection (1) applies; and

(b) is specified in the order applying this subsection to the land.

(4) Subsection (3) shall not apply in relation to any operation carried out, or caused or permitted to be carried out, by the owner or occupier of the land if—

(a) one of them has, after the [F2 making of the order], given the Council [F3 written] notice of a proposal to carry out the operation, specifying its nature and the land on which it is proposed to carry it out; and

(b) one of the conditions specified in subsection (5) is fulfilled.

(5) The said conditions are—

(a) that the operation is carried out with the Council’s written consent;

(b) that the operation is carried out in accordance with the terms of an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act; and

(c) subject to subsections (6) and (7), that three months have expired from the giving of the notice under subsection (4).

(6) If before the expiration of the period mentioned in paragraph (c) of subsection (5) the Council offer to enter into an agreement for the acquisition of the interest of the person who gave the notice under subsection (4) or 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 that person, that paragraph shall have effect as if for the said period there were substituted—

(a) where the agreement is entered into before the expiration of twelve months from the giving of the notice, the period expiring on the day on which it is entered into;

(b) in any other case, twelve months from the giving of the notice or three months from rejection or withdrawal of the offer to enter into the agreement, whichever period last expires.

(7) If before the expiration of the period mentioned in paragraph (c) of subsection (5), or that paragraph as it has effect by virtue of subsection (6), an order is made for the compulsory acquisition by the Council of the interest of the person who gave the notice under subsection (4), that paragraph shall have effect as if for the said period there were substituted the period expiring—

(a) in the case of an order which is confirmed, on the day on which the Council enter on the land;

(b) in any other case, on the day on which the order is withdrawn or the Secretary of State decides not to confirm it.

(8) A person who, without reasonable excuse, contravenes subsection (3) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(9) It is a reasonable excuse in any event for a person to carry out an operation if—

(a) the operation was authorised by a planning permission granted on an application under F4 . . . [F5 Part III of the Town and Country Planning (Scotland) Act 1997]; or

(b) the operation was an emergency operation particulars of which (including details of the emergency) were notified to the Council as soon as practicable after the commencement of the operation.

(10) An order made under this section in relation to land in Scotland shall be registered either—

(a) in a case where the land affected by the order is registered in that Register, in the Land Register of Scotland; or

(b) in any other case, in the appropriate Division of the General Register of Sasines.

(11) A report submitted by the Council to the Secretary of State under [F6 paragraph 20 of Schedule 6 to the Environmental Protection Act 1990][F7 or under section 10(2) of the Natural Heritage (Scotland) Act 1991]for any year shall set out particulars of any areas of land as respects which orders under this section have come into operation during that year.]

Textual Amendments

F1 S. 29 repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 102, 103(2), Sch. 9 para. 2, Sch. 16 Pt. III

F2 Words in s. 29(4)(a) substituted ( 1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46: 4), s. 132(1)(a), Sch. 9 para. 11(9); S.I. 1991/685, art. 3.

F3 Word in s. 29(4)(a) inserted ( 1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(10); S.I. 1991/685, art. 3.

F4 Words in s. 29(9)(a) omitted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. I para. 1(3)

F5 Words in s. 29(9)(a) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 34(1)

F6 Words in s. 29(11) substituted ( 1.4.1991.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(11); S.I. 1991/685, art. 3.

F7 Words in s. 29(11) inserted (1.4.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 4, Sch. 2 para. 8(4); S.I. 1991/2633, art. 4.

Modifications etc. (not altering text)

C1 S. 29(1)(2): Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C2 S. 29(3) excluded by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 9(7), 45, Sch. 7 Pt. VI para. 2

S. 29(3) excluded (18.12.1996) by 1996 c. 61, s. 38, Sch. 10 para. 6

C3 S. 29(5)(c) excluded (30.10.1994) by The Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), reg. 27(6)

C4 S. 29(6) excluded (30.10.1994) by The Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), reg. 27(6)

C5 S. 29(7) excluded (30.10.1994) by The Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), reg. 27(6)