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Wildlife and Countryside Act 1981, Section 35 is up to date with all changes known to be in force on or before 19 November 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.
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(1)Where [F1the appropriate conservation body] are satisfied that any land which—
(a)is being managed as a nature reserve under an agreement entered into with [F1the appropriate conservation body];
(b)is held by [F1the appropriate conservation body] and is being managed by them as a nature reserve; or
(c)is held by an approved body and is being managed by that body as a nature reserve,
is of national importance, they may declare that land to be a national nature reserve.
(2)A declaration by [F1the appropriate conservation body] that any land is a national nature reserve shall be conclusive of the matters declared; and subsections (4) and (5) of section 19 of the 1949 Act shall apply in relation to any such declaration as they apply in relation to a declaration under that section.
(3)On the application of the approved body concerned, [F1the appropriate conservation body], as respects any land which is declared to be a national nature reserve under subsection (1)(c), make byelaws for the protection of the reserve.
(4)Subsections (2) and (3) of section 20 and section 106 of the 1949 Act shall apply in relation to byelaws under this section as they apply in relation to byelaws under the said section 20.
(5)In this section—
“approved body” means a body approved by [F1the appropriate conservation body] for the purposes of this section;
“nature reserve” has the same meaning as in Part III of the 1949 Act.
Editorial Information
X1The insertion of the new cross-heading "Nature reserves, marine nature reserves and Ramsar sites" in Part II on 1.10.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.
Textual Amendments
F1Words in s. 35 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 85; S.I. 2006/2541, art. 2
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