Wildlife and Countryside Act 1981

41 Duties of agriculture Ministers with respect to the countryside. E+W+S

(1)

F1 (2) In the exercise of his general duty under section 4(2) of the M1 Small Landholders (Scotland) Act 1911 of promoting the interests of agriculture and other rural industries, and without prejudice to the generality of that duty, the Secretary of State shall make provision, through such organisation as he considers appropriate, for the giving of

[F2 (a) advice to persons carrying on agricultural businesses on the conservation and enhancement of the natural beauty and amenity of the countryside;

(b) advice to such persons on diversification into other enterprises of benefit to the rural economy; and

(c) advice to government departments and other bodies exercising statutory functions on the promotion and furtherance of such diversification as is mentioned in paragraph (b).]

(3) Where an application for [F3 a farm capital grant] is made as respects expenditure incurred or to be incurred for the purposes of activities on land which is in a National Park or an area specified for the purposes of this subsection by the Ministers, the appropriate Minister—

(a) shall, so far as may be consistent with the purposes of the [F4 the grant provisions], so exercise his functions thereunder as to further the conservation and enhancement of the natural beauty and amenity of the countryside and to promote its enjoyment by the public; and

(b) where the relevant authority have objected to the making of the grant on the ground that the activities in question have had or will have an adverse effect on the natural beauty or amenity of the countryside or its enjoyment by the public, shall not make the grant except after considering the objection and, in the case of land in England, after consulting with the Secretary of State;

and this subsection shall have effect, in its application to Scotland, as if references to the amenity of the countryside were omitted.

(4) Where, in consequence of an objection by the relevant authority, an application for a grant as respects expenditure to be incurred is refused on the ground that the activities in question will have such an effect as is mentioned in subsection (3)(b), the relevant authority shall, within three months of their receiving notice of the appropriate Minister’s decision, offer to enter into, in the terms of a draft submitted to the applicant, a management agreement—

(a) imposing restrictions as respects those activities; and

(b) providing for the making by them of payments to the applicant.

(5) In this section—

• [F5 “agricultural business” has the same meaning as in section 29 of the Agriculture Act 1970;][F5 “the appropriate Minister”, “farm capital grant” and “grant provisions” have the same meanings as in section 32;]

• “management agreement”—

  (a)

  in relation to England and Wales, means an agreement under section 39;

  (b)

  in relation to Scotland, means an agreement under section 49A of the M2 Countryside (Scotland) Act 1967;

• “the relevant authority”—

  (a)

  in relation to England and Wales, has the same meaning as in section 39;

  (b)

  in relation to Scotland, means the authority exercising district planning functions.

[F6 (5A) For the purposes of this section the Broads shall be treated as a National Park.]

(6) F7 subsection (2) extends only to Scotland.

Textual Amendments

F1 S. 41(1) repealed by Agriculture Act 1986 (c. 49, SIF 2:1), s. 24(5), Sch. 4

F2 S. 41(2)(a)–(c) substituted for words by Agriculture Act 1986 (c. 49, SIF 2:1), s. 24(4), Sch. 3 para. 4

F3 Words substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(4)(a)

F4 Words substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(4)(b)

F5 Definition substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(5)

F6 S. 41(5A) inserted (E.W.) by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5), 23(2), 27(2), Sch. 3 Pt. I para. 31(3)

F7 Words repealed by Agriculture Act 1986 (c. 49, SIF 2:1), s. 24(5), Sch. 4

Modifications etc. (not altering text)

C1 S. 41 modified (E.W.) (19.9.1995) by 1995 c. 25, ss. 69(2)(a), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7

Marginal Citations

M1 1911 c. 49.

M2 1967 c. 86.