Part II Nature Conservation, Countryside and National Parks

F3F4Nature reserves, ... and Ramsar sites

Annotations:
Amendments (Textual)
F3

Words in cross-heading preceding s. 34A omitted (E.W.) (12.1.2010 so far as not relating to MCZs in W., 12.12.2014 in so far as not already in force) by virtue of Marine and Coastal Access Act 2009 (c. 23), ss. 146(1), 324(2)(b)(i), Sch. 11 para. 2(3) (with s. 145); S.I. 2014/3088, art. 2(b); and those same words repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(a) (with s. 162); S.S.I. 2010/230, art. 2(h)

X1F137A Ramsar sites.

1

Where a wetland in Great Britain has been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article, the Secretary of State shall—

a

notify F2Natural England if all or part of the wetland is in England;

b

notify F7the Natural Resources Body for Wales if it is in Wales; or

c

notify both of them if it is partly in England and partly in Wales.

2

Subject to subsection (3), upon receipt of a notification under subsection (1), each body notified shall, in turn, notify—

a

the local planning authority in whose area the wetland is situated;

b

every owner and occupier of any of that wetland; F8and

F9c

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

d

every relevant undertaker (within the meaning of section 4(1) of the M1Water Industry Act 1991) and every internal drainage board (within the meaning of section 61C(1) of the M2Land Drainage Act 1991) whose works, operations or activities may affect the wetland.

F52A

Subject to subsection (3), upon receipt of a notification under subsection (1), Natural England shall, in turn, notify the Environment Agency.

F102B

Subject to subsection (3), upon receipt of a notification under subsection (1) relating to a wetland all or part of which is in F11the area of a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021, the Natural Resources Body for Wales shall, in turn, notify F12that corporate joint committee.

3

F2Natural England and F6the Natural Resources Body for Wales may agree that in a case where the Secretary of State notifies both of them under subsection (1)(c), any notice under subsection (2) is to be sent by one or the other of them (and not both), so as to avoid duplicate notices under that subsection.

4

Subject to subsection (5), the “Ramsar Convention” is the Convention on Wetlands of International Importance especially as Waterfowl Habitat signed at Ramsar on 2nd February 1971, as amended by—

a

the Protocol known as the Paris Protocol done at Paris on 3rd December 1982; and

b

the amendments known as the Regina Amendments adopted at the Extraordinary Conference of the Contracting Parties held at Regina, Saskatchewan, Canada, between 28th May and 3rd June 1987.

5

If the Ramsar Convention is further amended after the passing of the Countryside and Rights of Way Act 2000, the reference to the Ramsar Convention in subsection (1) is to be taken after the entry into force of the further amendments as referring to that Convention as further amended (and the reference to paragraph 1 of article 2 is, if necessary, to be taken as referring to the appropriate successor provision).