Part IVA Duties with respect to the environment and recreation
F161C Duties with respect to sites of special scientific interest.
1
Where the Nature Conservancy Council for England or the Countryside Council for Wales are of the opinion that any area of land in England or, as the case may be, in Wales—
a
is of special interest by reason of its flora, fauna or geological or physiographical features; and
b
may at any time be affected—
i
by works, operations or activities of an internal drainage board, or
ii
by works, operations or activities of a local authority under this Act,
that Council shall notify the fact that the land is of special interest for that reason to every internal drainage board and local authority whose works, operations or activities may affect the land.
2
Where a National Park authority or the Broads Authority is of the opinion that any area of land in a National Park or in the Broads—
a
is land in relation to which the matters for the purposes of which section 61A or 61B above has effect are of particular importance; and
b
may at any time be affected—
i
by works, operations or activities of an internal drainage board, or
ii
by works, operations or activities of a local authority under this Act,
the National Park authority or Broads Authority shall notify the fact that the land is such land, and the reasons why those matters are of particular importance in relation to the land, to every internal drainage board and local authority whose works, operations or activities may affect the land.
3
Where an internal drainage board or local authority have received a notification under subsection (1) or (2) above with respect to any land, the board or authority shall consult the notifying body before carrying out any works, operations or activities, or in the case of the authority any works operations or activities under this Act, which appear to the board or authority to be likely—
a
to destroy or damage any of the flora, fauna, or geological or physiographical features by reason of which the land is of special interest; or
b
significantly to prejudice anything the importance of which is one of the reasons why the matters mentioned in subsection (2) above are of particular importance in relation to that land.
4
Subsection (3) above shall not apply in relation to anything done in an emergency where particulars of what is done and of the emergency are notified to the Nature Conservancy Council for England, the Countryside Council for Wales, the National Park authority in question or, as the case may be, the Broads Authority as soon as practicable after that thing is done.
5
In this section—
“the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988; and
“National Park authority” means a National Park Committee or a joint or special planning board for a National Park.