Environmental Protection Act 1990

Part VIIE+W+S Nature Conservation in Great Britain and Countryside Matters in Wales

Modifications etc. (not altering text)

C1Pt. VII (ss. 128-139) applied (S.) (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 4(1); S.I. 1991/2633, art.4.

New Councils for England, Scotland and WalesE+W+S

[F1128 Creation and constitution of new Councils.E+W+S

(1)There shall be a council to be called the Countryside Council for Wales (in this Part referred to as “the Council”).

(2)The Council shall have not less than 8 nor more than 12 members and those members shall be appointed by the National Assembly for Wales.

(3)The National Assembly for Wales may by order made by statutory instrument amend subsection (2) above so as to substitute for the number for the time being specified as the maximum membership of the Council such other number as the Assembly thinks appropriate.

(4)Schedule 6 has effect with respect to the constitution and proceedings of the Council.]

Textual Amendments

F1S. 128 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 117(1); S.I. 2006/2541, art. 2

[F2129 Grants to the CouncilE+W+S

(1)The National Assembly for Wales may make to the Council grants of such amounts as the Assembly thinks fit.

(2)A grant under this section may be made subject to such conditions (including in particular conditions as to the use of the money for the purposes of the Joint Nature Conservation Committee) as the Assembly may think fit.]

Textual Amendments

F2S. 129 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 118; S.I. 2006/2541, art. 2

Countryside mattersE+W+S

130 Countryside functions of Welsh Council.E+W+S

(1)The Countryside Council for Wales shall F3. . . have such of the functions under the Acts amended by Schedule 8 to this Act (which relates to countryside matters) as are assigned to them in accordance with the amendments effected by that Schedule.

(2)The Countryside Council for Wales shall discharge those functions—

(a)for the conservation and enhancement of natural beauty in Wales and of the natural beauty and amenity of the countryside in Wales, both in the areas designated under the National Parks and Access to the Countryside Act 1949 as National Parks or [F4under the Countryside and Rights of Way Act 2000] as areas of outstanding natural beauty and elsewhere;

(b)for encouraging the provision or improvement, for persons resorting to the countryside in Wales, of facilities for the enjoyment thereof and for the enjoyment of the opportunities for open-air recreation and the study of nature afforded thereby;

and shall have regard to the social and economic interests of rural areas in Wales.

(3)The reference in subsection (2) above to the conservation of the natural beauty of the countryside includes the conservation of its flora, fauna and geological and physiographical features.

(4)The Countryside Council for Wales F5. . . shall discharge their F5. . . functions under those Acts (as amended by Schedule 8) on and after a day to be appointed by an order made by the Secretary of State.

Subordinate Legislation Made

P1S. 130(4): s. 130(4)(with ss. 131(3) and 164(3)) power fully exercised: 1.4.1991 appointed by S.I. 1991/685, art.4

Textual Amendments

F3Words in s. 130(1) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105, 107, Sch. 11 para. 119(a), Sch. 12; S.I. 2006/2541, art. 2

F4Words in s. 130(2)(a) inserted (30.1.2001 for E., 1.5.2001 for W.) by 2000 c. 37, s. 93, Sch. 15 Pt. I para. 11 (with s. 84(4)-(6)); S.I. 2001/114, art. 2(2)(e); S.I. 2001/1410, art. 2(g)

F5Words in s. 130(4) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105, 107, Sch. 11 para. 119(b), Sch. 12; S.I. 2006/2541, art. 2

Commencement Information

I1S. 130 in force at 1.4.1991 see s. 164(3) and S.I. 1991/685, art. 3

Nature conservation in Great BritainE+W+S

131 Nature conservation functions: preliminary.E+W+S

[F6(1)For the purpose of nature conservation and fostering the understanding of nature conservation, the Council shall have the functions conferred on them by this Part and Part 2 of the Natural Environment and Rural Communities Act 2006.]

(2)It shall be the duty of [F7the Council] in discharging their nature conservation functions to take appropriate account of actual or possible ecological changes.

(3)[F7The Council] shall discharge their nature conservation functions on and after a day to be appointed by an order made by the Secretary of State.

[F8(4)The National Assembly for Wales may give the Council general or specific directions with regard to the discharge of any of their nature conservation functions under this Part.]

(5)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In this Part “nature conservation” means the conservation of flora, fauna or geological or physiographical features.

Subordinate Legislation Made

P2S. 131(3): S. 130(4)(with ss. 131(3) and 164(3)) power exercised: 1.4.1991 appointed by S.I. 1991/685, art. 4

Textual Amendments

F6S. 131(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 120(2); S.I. 2006/2541, art. 2

F7Words in s. 131(2)(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 120(3); S.I. 2006/2541, art. 2

F8S. 131(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 120(4); S.I. 2006/2541, art. 2

F9S. 131(5) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105, 107, Sch. 11 para. 120(5), Sch. 12; S.I. 2006/2541, art. 2

Modifications etc. (not altering text)

C2S. 131: extension to Scotland continued (1.4.1992) (S.) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 4(3); S.I. 1991/2633, art. 4

Commencement Information

I2Appointed day for specified provisions is 1.4.1991 see S.I.1991/685, art. 4(2)

132 General functions of [F10the Council].E+W+S

(1)[F11The Council shall] have the following functions, namely—

(a)such of the functions previously discharged by the Nature Conservancy Council under the Acts amended by Schedule 9 to this Act as are assigned to them in accordance with the amendments effected by that Schedule;

(b)the establishment, maintenance and management of nature reserves (within the meaning of section 15 of the National Parks and Access to the M1Countryside Act 1949) in their area;

(c)the provision of advice for the Secretary of State or any other Minister on the development and implementation of policies for or affecting nature conservation in their area;

(d)the provision of advice and the dissemination of knowledge to any persons about nature conservation in their area or about matters arising from the discharge of their functions under this section or section 134 below;

(e)the commissioning or support (whether by financial means or otherwise) of research which in their opinion is relevant to any of their functions under this section or section 134 below;

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)[F13The Council shall] have power—

(a)to accept any gift or contribution made to them for the purposes of any of the functions conferred on them by subsection (1) above or section 134 below and, subject to the terms of the gift or contribution, to apply it to those purposes;

(b)to initiate and carry out such research directly related to those functions as it is appropriate that they should carry out instead of commissioning or supporting other persons under paragraph (e) of that subsection;

and they may do all such other things as are incidental or conducive to those functions including (without prejudice to the generality of this provision) making charges and holding land or any interest in or right over land.

(3)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10Words in s. 132 heading substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 121(5); S.I. 2006/2541, art. 2

F11Words in s. 132(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 121(2)(a); S.I. 2006/2541, art. 2

F12Words in s. 132(1) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105, 107, Sch. 11 para. 121(2)(b), Sch. 12; S.I. 2006/2541, art. 2

F13Words in s. 132(2) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 121(3); S.I. 2006/2541, art. 2

F14S. 132(3) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105, 107, Sch. 11 para. 121(4), Sch. 12; S.I. 2006/2541, art. 2

Modifications etc. (not altering text)

C3S. 132 extended (E.) (1.1.2005) by The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) Regulations 2004 (S.I. 2004/3196), reg. 6(4) (as amended (30.4.2005) by The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) (Amendment) Regulations 2005 (S.I. 2005/918), reg. 2(d)) (both S.I. 2004/3196 and S.I. 2005/918 were revoked (12.1.2006) by S.I. 2005/3459, reg. 10)

S. 132 extended (W.) (1.1.2005) by The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) Regulations 2004 (S.I. 2004/3280), reg. 6(5) (as substituted (1.11.2006) by The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) (Amendment) Regulations 2006 (S.I. 2006/2831), reg. 2(5))

S. 132 extended (E.) (12.1.2006) by The Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005 (S.I. 2005/3459), reg. 6(5)

C4S. 132(2) modified (E.) (1.1.2005) by The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) Regulations 2004 (S.I. 2004/3196), reg. 6(4) (as amended (30.4.2005) by The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) (Amendment) Regulations 2005 (S.I. 2005/918), reg. 2(d)) (both S.I. 2004/3196 and S.I. 2005/918 were revoked (12.1.2006) by S.I. 2005/3459, reg. 10)

C5S. 132(2) modified (W.) (1.1.2005) by The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) Regulations 2004 (S.I. 2004/3280), reg. 6(5) (as substituted (1.11.2006) by The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) (Amendment) Regulations 2006 (S.I. 2006/2831), reg. 2(5))

C6S. 132(2) modified (E.) (12.1.2006) by The Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2006 (S.I. 2005/3459), reg. 6(5)

Commencement Information

I3S. 132 wholly in force at 1.4.1991 see s. 164(3) and S.I. 1991/685, art. 3

Marginal Citations

M11949 c. 97.

133 Special functions of Councils.E+W+S

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15S. 133 repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105, 107, Sch. 11 para. 122, Sch. 12; S.I. 2006/2541, art. 2

134 Grants and loans by [F16the Council].E+W+S

(1)[F17The Council may], with the consent of or in accordance with a general authorisation given by [F18the National Assembly for Wales], give financial assistance by way of grant or loan (or partly in one way and partly in the other) to any person in respect of expenditure incurred or to be incurred by him in doing anything which in their opinion is conducive to nature conservation or fostering the understanding of nature conservation.

(2)F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)On making a grant or loan [F20the Council] may impose such conditions as they think fit, including (in the case of a grant) conditions for repayment in specified circumstances.

(4)[F21The Council] shall exercise their powers under subsection (3) above so as to ensure that any person receiving a grant or loan under this section in respect of premises to which the public are to be admitted (on payment or otherwise) shall, in the means of access both to and within the premises, and in the parking facilities and sanitary conveniences to be available (if any), make provision, so far as it is in the circumstances both practicable and reasonable, for the needs of members of the public visiting the premises who are disabled.

Textual Amendments

F16Words in s. 134 heading substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 123(6); S.I. 2006/2541, art. 2

F17Words in s. 134(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 123(2)(a); S.I. 2006/2541, art. 2

F18Words in s. 134(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 123(2)(b); S.I. 2006/2541, art. 2

F19S. 134(2) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105, 107, Sch. 11 para. 123(3), Sch. 12; S.I. 2006/2541, art. 2

F20Words in s. 134(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 123(4); S.I. 2006/2541, art. 2

F21Words in s. 134(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 123(5); S.I. 2006/2541, art. 2