Part I The Environment Agency and the Scottish Environment Protection Agency

Chapter II The Scottish Environment Protection Agency

General powers and duties

32 General environmental and recreational duties.

1

It shall be the duty of the Secretary of State and of SEPA, in formulating or considering any proposals relating to any functions of SEPA—

a

to have regard to the desirability of conserving and enhancing the natural heritage of Scotland;

b

to have regard to the desirability of protecting and conserving buildings, sites and objects of archaeological, architectural, engineering or historic interest;

c

to take into account any effect which the proposals would have on the natural heritage of Scotland or on any such buildings, sites or objects; and

d

to have regard to the social and economic needs of any area or description of area of Scotland and, in particular, to such needs of rural areas.

2

Subject to subsection (1) above, it shall be the duty of the Secretary of State and of SEPA, in formulating or considering any proposals relating to any functions of SEPA—

a

to have regard to the desirability of preserving for the public any freedom of access (including access for recreational purposes) to areas of forest, woodland, mountains, moor, bog, cliff, foreshore, loch or reservoir and other places of natural beauty;

b

to have regard to the desirability of maintaining the availability to the public of any facility for visiting or inspecting any building, site or object of archaeological, architectural, engineering or historic interest; and

c

to take into account any effect which the proposals would have on any such freedom of access or on the availability of any such facility.

3

In this section—

  • “building” includes structure; and

  • “the natural heritage of Scotland” has the same meaning as in section 1(3) of the M1Natural Heritage (Scotland) Act 1991.