Part II Nature Conservation, Countryside and National Parks
Nature conservation
30 Compensation where order is made under s. 29.
1
Subsection (2) applies where an order is made under section 29 and subsection (3) applies where—
a
notice of a proposal to carry out an operation is duly given to the Nature Conservancy Council under subsection (4) of that section; and
b
paragraph (c) of subsection (5) of that section has effect as modified by subsection (6) or (7) of that section.
2
The Council shall pay compensation to any person having at the time of the making of the order an interest in land comprised in an agricultural unit comprising land to which the order relates who, on a claim made to the Council within the time and in the manner prescribed by regulations under this section, shows that the value of his interest is less than what it would have been if the order had not been made; and the amount of the compensation shall be equal to the difference between the two values.
3
The Council shall pay compensation to any person having at the time of the giving of the notice an interest in land to which the notice relates who, on a claim made to the Council within the time and in the manner prescribed by regulations under this section, shows that—
a
he has reasonably incurred expenditure which has been rendered abortive, or expenditure in carrying out work which has been rendered abortive, by reason of paragraph (c) of subsection (5) of section 29 having effect as modified by subsection (6) or (7) of that section; or
b
he has incurred loss or damage which is directly attributable to that paragraph having effect as so modified;
but nothing in this subsection shall entitle any such person to compensation in respect of any reduction in the value of his interest in the land.
4
For the purposes of subsection (2)—
a
an interest in land shall be valued as at the time when the order is made;
b
where a person, by reason of his having more than one interest in land, makes more than one claim under that subsection in respect of the same order, his various interests shall be valued together;
c
section 10 of the M1Land Compensation Act 1973 (mortgages, trusts for sale and settlements) or section 10 of the M2Land Compensation (Scotland) Act 1973 (restricted interests in land) shall apply in relation to compensation under that subsection as it applies in relation to compensation under Part I of that Act.
5
For the purposes of assessing any compensation payable under subsection (2), the rules set out in section 5 of the M3Land Compensation Act 1961 or section 12 of the M4Land Compensation (Scotland) Act 1963 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.
6
No claim shall be made under subsection (2) in respect of any order under section 29 unless the Secretary of State has given notice under paragraph 6(1) or (2) of Schedule 11 of his decision in respect of the order; and, without prejudice to subsection (4)(a), that decision will be taken into account in assessing the compensation payable in respect of the order.
7
Compensation under this section shall carry interest, at the rate for the time being prescribed under section 32 of the Land Compensation Act 1961 or section 40 of the Land Compensation (Scotland) Act 1963, from the date of the claim until payment.
8
Except in so far as may be provided by regulations under this section, any question of disputed compensation under this section shall be referred to and determined by the Lands Tribunal or the Lands Tribunal for Scotland.
9
In relation to the determination of any such question, the provisions of sections 2 and 4 of the Land Compensation Act 1961 or sections 9 and 11 of the Land Compensation (Scotland) Act 1963 (procedure and costs) shall apply, subject to any necessary modifications and to the provisions of any regulations under this section.
10
Regulations under this section shall be made by the Secretary of State and shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
11
In this section “agricultural unit” means land which is occupied as a unit for agricultural purposes, including any dwelling-house or other building occupied by the same person for the purpose of farming the land.