[F1PART IVE+W+SADAPTATION OF PLANNING AND OTHER CONTROLS

Textual Amendments

F1Regulations revoked (E.W.) (1.4.2010 except so far as relating to the revocation in relation to W. of reg. 36 and specified words in reg. 3(3), 12.12.2014 in so far as not already in force) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2)(4)(b), 133(3) (with regs. 125, 134)

Modifications etc. (not altering text)

C1Pt. 4 power to disapply or modify conferred (26.12.2023) by Energy Act 2023 (c. 52), ss. 293(4)(5), 334(3)(j) (with s. 293(6))

General provisions for protection of European sitesE+W+S

[F2Control of operations requiring consentS

53A.—(1) Regulations 48 and 49 (requirement to consider effect on [F3European sites in Great Britain and European offshore marine sites]) apply in relation to the granting of any consent under–

(a)section 13(4) of the 2004 Act to permit a public body to carry out an operation; or

(b)section 16(3) of the 2004 Act to permit an owner or occupier of land within a site of special scientific interest to carry out an operation requiring consent on the land.

(2) Where in such a case SNH considers that any adverse effects of the plan or project on the integrity of a European site [F4or European offshore marine site] would be avoided if the consent were subject to conditions, it may grant consent subject to those conditions.

(3) Where, in any case, whether in pursuance of sections 13(4) or 16(3) of the 2004 Act or otherwise, in light of the conclusions of an appropriate assessment made under regulation 48(1), SNH has not given consent for an operation, but it considers that there is a risk that the operation may nevertheless be carried out, it shall notify Scottish Ministers.]]

Textual Amendments