Part II Nature Conservation, Countryside and National Parks

Miscellaneous and supplemental

52 Interpretation of Part II.

(1)

In this Part, unless the context otherwise requires,—

“agricultural land” does not include land which affords rough grazing for livestock but is not otherwise used as agricultural land;

F1 “estuarial waters” has the meaning given by section 28(9A);

“the Ministers”, in the application of this Part to England, means the Secretary of State and the Minister of Agriculture, Fisheries and Food, and, in the application of this Part to Scotland or Wales, means the Secretary of State.

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 “notice” and “notification” mean notice or notification in writing;

“site of special scientific interest” means an area of land which has been notified under section 28(1)(b);

(2)

F5 In the application of this Part to England (except as respects F6 a National Park for which a National Park authority is the local planning authority, a metropolitan county or Greater London) F7 . . . references to a local planning authority shall be construed—

F8(a)

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

(b)

F9 . . . as references to a county planning authority and a district planning authority;

and in the application of this Part to Scotland references to a local planning authority shall be construed as references to a regional planning authority, a general planning authority and a district planning authority F10and, in sections 28 to 28D, shall also be construed in accordance with section 28(10);.

F11(2A)

Where a notification under section 28(1)(b) has been—

(a)

modified under section 28(5)(b),

(b)

varied under section 28A(3), or

(c)

varied with modifications under section 28A(5)(b),

(d)

extended under section 28B(2), or

(e)

extended with modifications by virtue of section 28B(7),

a reference to such a notification (however expressed) is (unless the context otherwise requires) a reference to the notification as thus altered.

(2B)

References to a notification under section 28(1) or 28(5)(b), or to a local land charge existing by virtue of section 28(9), shall be construed in accordance with section 28C(9).

(2C)

For the purposes of this Part, in relation to land in England and Wales which is F12common land F12subject to rights of common (within the meaning of the Commons Act 2006), “occupier” includes F12the commoners or any of them; and

(a)

“common land” means common land as defined in section 22 of the M1 Commons Registration Act 1965; and

(b)

“commoner” means a person with rights of common as defined in that section.

F12the persons with such rights or any of them and any commons council established under Part 2 of the Commons Act 2006 for that land

(3)

References in this Part to the conservation of the natural beauty of any land shall be construed as including references to the conservation of its flora, fauna and geological and physiographical features.

(4)

Section 114 of the 1949 Act shall apply for the construction of this Part.

(5)

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .