The Conservation (Natural Habitats, &c.) Regulations 1994

Payments under certain agreements offered by authorities

89.—(1) This regulation applies where the appropriate nature conservation body offers to enter into a management agreement providing for the making of payments by them to–

(a) a person who has given notice under regulation 19(1)(a) or 23(1)(a), or

(b) a person whose application for a farm capital grant within the meaning of regulation 88 has been refused in consequence of an objection by that body.

(2) Subject to paragraph (3), the said payments shall be of such amounts as may be determined by the offeror in accordance with guidance given–

(a) in England, by the Minister of Agriculture, Fisheries and Food and the Secretary of State, or

(b) in Wales or Scotland, by the Secretary of State.

(3) If the offeree so requires within one month of receiving the offer, the determination of those amounts shall be referred to an arbitrator to be appointed, in default of agreement, by the Secretary of State.

(4) Where the amounts determined by the arbitrator exceed those determined by the offeror, the offeror shall–

(a) amend the offer so as to give effect to the arbitrator’s determination, or

(b) except in the case of an offer made to a person whose application for a farm capital grant has been refused in consequence of an objection by the offeror, withdraw the offer.

(5) In the application of this regulation in Scotland references to an arbitrator shall be construed as references to an arbiter.