- Latest available (Revised)
- Point in Time (30/01/2001)
- Original (As enacted)
Point in time view as at 30/01/2001. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Wildlife and Countryside Act 1981, Section 29 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(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 [F2making of the order], given the Council [F3written] 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. . . [F5Part 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 [F6paragraph 20 of Schedule 6 to the Environmental Protection Act 1990][F7or 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
F1S. 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
F2Words 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.
F3Word 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.
F4Words 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)
F5Words in s. 29(9)(a) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 34(1)
F6Words 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.
F7Words 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)
C1S. 29(1)(2): Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
C2S. 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
C3S. 29(5)(c) excluded (30.10.1994) by The Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), reg. 27(6)
C4S. 29(6) excluded (30.10.1994) by The Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), reg. 27(6)
C5S. 29(7) excluded (30.10.1994) by The Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), reg. 27(6)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: