C1Part III Nature Conservation
C2F38 15 Meaning of “nature reserve.”
1
In this Part, “ nature reserve ” means—
a
land managed solely for a conservation purpose, or
b
land managed not only for a conservation purpose but also for a recreational purpose, if the management of the land for the recreational purpose does not compromise its management for the conservation purpose.
2
Land is managed for a conservation purpose if it is managed for the purpose of—
a
providing, under suitable conditions and control, special opportunities for the study of, and research into, matters relating to the fauna and flora of Great Britain and the physical conditions in which they live, and for the study of geological and physiographical features of special interest in the area, or
b
preserving flora, fauna or geological or physiographical features of special interest in the area,
or for both those purposes.
F512A
In subsection (2)(b) the reference to preserving flora or fauna includes enabling or facilitating its recovery or increase.
3
Land is managed for a recreational purpose if it is managed for the purpose of providing opportunities for the enjoyment of nature or for open-air recreation.
15AF1 Meaning of F22appropriate conservation body.
F491
In this Part of this Act F52references to the appropriate conservation body are references—
a
in relation to land in England, to F53Natural England ;
b
in relation to land in Scotland, to F2Scottish Natural Heritage for Scotland; and
F402
In this Part of this Act—
a
b
“ the 2006 Act ” means the Natural Environment and Rural Communities Act 2006.
F47c
“the 2016 Act” means the Environment (Wales) Act 2016.
C3C1116F59Agreements for management of nature reserves in Scotland and Wales
1
F54F30The F45Natural Resources Body for WalesF30A Welsh local authority or Scottish Natural Heritage may enter into an agreement with every owner, lessee and occupier of any land, being land as to which it appears to F42the F45F32Natural Resources Body for WalesF32Welsh local authority or (as the case may be) Scottish Natural Heritage expedient in the national interest that it should be managed as a nature reserve, for securing that it shall be so managed.
F171A
The power of a Welsh local authority in subsection (1)—
a
is also exercisable where it appears to the authority that it is expedient in the interests of the locality that land should be managed as a nature reserve;
b
is exercisable only in relation to land in the authority's area that is not held by, or managed in accordance with an agreement entered into with, the Natural Resources Body for Wales.
2
Any such agreement may impose such restrictions as may be expedient for the purposes of the agreement on the exercise of rights over the land by the persons who can be bound by the agreement.
3
Any such agreement—
a
may provide for the management of the land in such manner, the carrying out thereon of such work and the doing thereon of such other things as may be expedient for the purposes of the agreement;
b
may provide for any of the matters mentioned in the last foregoing paragraph being carried out, or for the cost thereof being defrayed, either by the said owner or other persons, or by F50F57the F45Natural Resources Body for WalesF57 a Welsh local authority or (as the case may be) Scottish Natural Heritage or partly in one way and partly in another;
c
may contain such other provisions as to the making of payments by F21F19the F45Natural Resources Body for WalesF19 a Welsh local authority or (as the case may be) Scottish Natural Heritage and in particular for the payment by them of compensation for the effect of the restrictions mentioned in the last foregoing subsection, as may be specified in the agreement.
4
Section two of the M1Forestry Act 1947 (which empowers tenants for life and other limited owners to enter into forestry dedication covenants) shall apply to any such agreement; and where section seventy-nine of the M2Law of Property Act 1925 (which provides that unless a contrary intention is expressed the burden of a covenant runs with the land) applies, subsections (2) and (3) of section one of the said Act of 1947 (which provide for enforcement against persons other than the covenantor) shall apply to any such restrictions as are mentioned in subsection (2) of this section, but with the substitution for references to the Forestry Commissioners of references to F63F44theF45Natural Resources Body for WalesF44a Welsh local authority .
5
The following provisions shall have effect in the application of this section to Scotland:—
a
a limited owner of land shall have power to enter into agreements under this section relating to the land;
b
the M3Trusts (Scotland) Act 1921, shall have effect as if among the powers conferred on trustees by section four thereof (which relates to the general powers of trustees) there were included a power to enter into agreements under this section relating to the trust estate or any part thereof;
F41c
an agreement under this section [to which an owner or limited owner of land or a trustee acting under paragraph (b) is a party] may be recorded in the General Register of Sasines or (as the case may be) registered in the Land Register of Scotland and, on being so recorded or registered, shall be enforceable at the instance of Scottish Natural Heritage against any person having an interest in the land and against any person deriving title from that person:
Provided that such an agreement shall not be enforceable against any third party who shall have in good faith and for value acquired right (whether title has been completed or not) to an interest in the land prior to the agreement being recorded or registered as aforesaid, or against any person deriving title from any such third party;
d
the expression “owner” includes any person empowered under this subsection to enter into agreements relating to land;
e
subsection (4) shall not apply.
F346
In this section a “Welsh local authority” means—
a
the council of a county or county borough in Wales, and
b
a National Park authority for a National Park in Wales.
17 Compulsory acquisition of land by F23conservation body for establishment of nature reserves.
1
Subject to the provisions of the next following subsection, where F39the appropriate conservation body are satisfied as respects any land that it is expedient in the national interest that it should be managed as a nature reserve, they may acquire the land compulsorily.
2
F18the appropriate conservation body shall not acquire any interest in land under the last foregoing subsection unless they are satisfied that they are unable, as respects that interest, to conclude on terms appearing to them reasonable an F46nature reserve agreement or an agreement under section 16 containing such provisions as in their opinion are required for securing that the land will be satisfactorily managed as a nature reserve.
18 Compulsory acquisition of land by F62conservation body for maintenance of nature reserves.
1
Where, as respects any interest in land, F55the appropriate conservation body have entered into F35a nature reserve agreement or an agreement under section 16 and any breach of the agreement occurs which prevents or impairs the satisfactory management as a nature reserve of the land to which the agreement relates, then without prejudice to any other remedy F55the appropriate conservation body may acquire that interest compulsorily.
2
Such a breach shall not be treated as having occurred by virtue of any act or omission capable of remedy unless there has been default in remedying it within a reasonable time after notice given by F29the appropriate conservation body requiring the remedying thereof.
3
Any dispute arising under this section whether there has been such a breach of an agreement as aforesaid shall be determined by an arbitrator appointed by the Lord Chancellor or, in the case of a dispute relating to land in Scotland, by an arbiter appointed by the Lord President of the Court of Session.
4
F3. . ., at any stage of the proceedings in any arbitration under the last foregoing subsection relating to land in Scotland the arbiter may, and shall if so directed by the Court of Session, state a case for the opinion of that Court on any question of law arising in the arbitration.
19 Declarations that areas are nature reserves.
1
A declaration by F58the appropriate conservation body that any land is the subject of F56a nature reserve agreement or an agreement under section 16, or has been acquired and is held by F58the appropriate conservation body, shall be sufficient evidence, unless the contrary is proved, that the land is subject to such an agreement or has been so acquired and is so held, as the case may be.
2
3
It shall be the duty of F15the appropriate conservation body, where any such declaration has been made and the agreement to which it relates ceases to be in force, or the land to which it relates ceases to be held by the F15the appropriate conservation body or to be managed as a nature reserve, as the case may be, to make a declaration of that fact; and any such declaration shall be conclusive of the matters declared.
C44
F36the appropriate conservation body shall publish notice of any declaration under this section in such manner as appears to them best suited for informing persons concerned.
C45
A document purporting to be certified on behalf of F48the appropriate conservation body to be a true copy of any declaration under this section shall be receivable in evidence and shall be deemed, unless the contrary is shown, to be such a copy.
20 Byelaws for protection of nature reserves. C5
1
F20the appropriate conservation body may, as respects land which is being managed as a nature reserve under an agreement entered into with them or land held by them which is being managed as a nature reserve, make byelaws for the protection of the reserve:
Provided that byelaws under this section shall not have effect as respects any land in a reserve unless a declaration under the last foregoing section is in force declaring that the land is being managed as a nature reserve and notice of the declaration has been published in pursuance of that section.
C62
Without prejudice to the generality of the last foregoing subsection, byelaws under this section—
a
may provide for prohibiting or restricting the entry into, or movement within, nature reserves of persons, vehicles, boats and animals;
b
may prohibit or restrict the killing, taking, molesting or disturbance of living creatures of any description in a nature reserve, the taking, destruction or disturbance of eggs of any such creature, the taking of, or interference with, vegetation of any description in a nature reserve, or the doing of anything therein which will interfere with the soil or damage any object in the reserve;
c
may prohibit or restrict the shooting of birds or of birds of any description within such area surrounding or adjoining a nature reserve (whether the area be of land or of sea) as appears to F16the appropriate conservation body requisite for the protection of the reserve;
d
may contain provisions prohibiting the depositing of rubbish and the leaving of litter in a nature reserve;
e
may prohibit or restrict, or provide for prohibiting or restricting, the lighting of fires in a nature reserve, or the doing of anything likely to cause a fire in a nature reserve;
f
may provide for the issue, on such terms and subject to such conditions as may be specified in the byelaws, of permits authorising entry into a nature reserve or the doing of anything therein which would otherwise be unlawful, whether under the byelaws or otherwise;
g
may be made so as to relate either to the whole or to any part of the reserve or, in the case of byelaws made under paragraph (c) of this subsection, of any such surrounding or adjoining area as is mentioned in that paragraph, and may make different provisions for different parts thereof:
Provided that byelaws under this section shall not interfere with the exercise by any person of a right vested in him as owner, lessee or occupier of land in a nature reserve, or in the case of such land in Scotland as limited owner thereof, or with the exercise of any public right of way or of any functions of statutory F4undertakers, of a river board or other drainage authorityF4undertakers, or an internal drainage board or a district board for a fishery district within the meaning of the M4Salmon Fisheries (Scotland) Act 1862, or of the Commissioners appointed under the M5Tweed Fisheries Act 1857. F5or with the running of a telecommunications code system or the exercise of any right conferred by or in accordance with the telecommunications code on the operator of any such system.
C63
Where the exercise of any right vested in a person, whether by reason of his being entitled to any interest in land or by virtue of a licence or agreement, is prevented or hindered by the coming into operation of byelaws under this section, he shall be entitled to receive from F60the appropriate conservation body compensation in respect thereof.
C821 Establishment of nature reserves by local authorities. C7
1
The council of a county or county borough F6or in Scotland F7a F8general or district planning authority shall have power to provide, or secure the provision of, nature reserves on any land in their area (not being land held by, or managed in accordance with an agreement entered into with F25the appropriate conservation body) as to which it appears to the council expedient that it should be managed as a nature reserve.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
4
The foregoing provisions of this Part of this Act shall apply to the provision of nature reserves by local authorities under this section with the substitution for references to F31the appropriate conservation bodyF14, the F26Natural Resources Body for Wales or Scottish Natural Heritage of references to the local authority and as if theF61 references in subsection (1) of sections sixteen and seventeen respectively of this Act to the national interest included referencesF61 reference in subsection (1) of section 17 of this Act to the national interest were a reference to the interests of the locality.
5
A local authority may, as respects any land which is being managed as a nature reserve by the authority, enter into an agreement with any drainage authority for the exercise by the drainage authority, on such terms as to payment or otherwise as may be specified in the agreement, of any power of doing work exercisable by the local authority under the foregoing provisions of this section.
6
A local authority shall exercise their functions under this Part of this Act in consultation with F37the appropriate conservation body.
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
C1022 Power of drainage authorities to do work in nature reserves. C9
Where F27the appropriate conservation body, a local authority or any other person enter into an agreement with a drainage authority for the doing by that authority of any work on land managed as a nature reserve by, or under an agreement with, F27the appropriate conservation body or a local authority, no limitation imposed by law on the capacity of the drainage authority by virtue of the constitution thereof shall operate so as to prevent the drainage authority carrying out the agreement.
23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
26 Application of Part III to Scotland.
In the application of this Part of this Act to Scotland the expressions “owner” and “limited owner” have the same meanings as in section three of the M6Forestry Act 1947.
Pt. III extended by Countryside Act 1968 (c. 41, SIF 46:1), s. 15(7)