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The Conservation (Natural Habitats, &c.) Regulations 1994
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Changes over time for: Section 98
Version Superseded: 01/04/2010
Alternative versions:
- 30/10/1994- Amendment
- 29/11/2004- Amendment
- 25/02/2008
Point in time - 01/04/2010- Amendment
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Point in time view as at 25/02/2008. This version of this provision has been superseded.
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[F1Supplementary provisions as to acquisition of landE+W+S
98.—(1) The powers of compulsory acquisition conferred on the appropriate nature conservation body by regulation 32 are exercisable in any particular case on their being authorised so to do by the Secretary of State.
(2) In that regulation and in this regulation “land” includes any interest in land.
For this purpose “interest”, in relation to land, includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an interest in land or by virtue of a licence or agreement, and in particular includes sporting rights.
(3) The Acquisition of Land Act 1981(1) applies in relation to any acquisition under these Regulations of land in England and Wales, and the Compulsory Purchase Act 1965(2) applies with any necessary modifications in relation to the acquisition of any interest in land in England and Wales.
(4) In relation to the compulsory acquisition of land in Scotland, the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947(3) shall apply as if these Regulations had been in force immediately before the commencement of that Act and as if in paragraph (a) of subsection (1) of section 1 thereof, in Part I of the First Schedule thereto and in the Second Schedule thereto references to a local authority included Scottish Natural Heritage:
Provided that section 2 of the said Act (which confers temporary powers for the speedy acquisition of land in urgent cases) shall not apply to any such compulsory acquisition as is mentioned in this paragraph.
The provisions of the Lands Clauses Acts incorporated with these Regulations by virtue of paragraph 1 of the Second Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, as applied by this paragraph, shall apply with the necessary modifications in relation to the compulsory acquisition of any interest in land, being an interest not falling within the definition of “lands” contained in the Lands Clauses Acts.]
Textual Amendments
F1Regs. 98, 99 revoked (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 22(d) (with regs. 20, 21)
Commencement Information
I1Reg. 98 in force at 30.10.1994, see reg. 1(2)
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