[F1Powers of entryE+W
90.—(1) A person authorised in writing by the appropriate nature conservation body may, at any reasonable time and (if required to do so) upon producing evidence that he is so authorised, enter any land–
(a)to ascertain whether a special nature conservation order should be made F2..., or if an offence under regulation 23 is being, or has been, committed on that land; F2...
(b)to ascertain the amount of any compensation payable under regulation 25 in respect of an interest in that land [F3; or]
[F4(c)to affix a notice in accordance with regulation 23(2D) or paragraph 2(4) of Schedule 1.]
But nothing in this paragraph shall authorise any person to enter a dwelling.
(2) A person shall not demand admission as of right to any land which is occupied unless either–
(a)24 hours' notice of the intended entry has been given to the occupier, or
(b)the purpose of the entry is to ascertain if an offence under regulation 23 is being, or has been, committed on that land.
(3) A person who intentionally obstructs a person in the exercise of his powers under this regulation commits an offence and is liable on summary conviction to a fine not exceeing level 3 on the standard scale.]
Textual Amendments
F1Regs. 87-93 revoked (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 22(c) (with regs. 20, 21)
F2Words in reg. 90(1)(a) omitted (1.10.2009) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/2438), regs. 1(1), 11(2)(a) (with reg. 12)
F3Word in reg. 90(1)(b) substituted (1.10.2009) by The Conservation (Natural Habitats, &c.) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/2438), regs. 1(1), 11(2)(b) (with reg. 12)
F4Reg. 90(1)(c) inserted (1.10.2009) by The Conservation (Natural Habitats, &c.) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/2438), regs. 1(1), 11(2)(c) (with reg. 12)
Commencement Information
I1Reg. 90 in force at 30.10.1994, see reg. 1(2)