The Conservation of Habitats and Species Regulations 2010

Notification of potentially damaging operations

19.—(1) This regulation and regulations 20 to 22 apply where a notification is in force under section 28 M1 of the WCA 1981 (sites of special scientific interest) in relation to land which is or forms part of a European site.

(2) The appropriate nature conservation body may, for the purpose of securing compliance with the requirements of the Habitats Directive, at any time amend the notification with respect to—

(a) the flora, fauna or geological or physiographical features by reason of which the land is of special interest; or

(b) any operations appearing to the appropriate nature conservation body to be likely to damage that flora or fauna or those features.

(3) The appropriate nature conservation body must give notice of any amendment to—

(a) every owner and occupier of land within the European site who in the opinion of that body may be affected by the amendment, and

(b) the local planning authority in whose area the land is situated,

and after service of a notice under sub-paragraph (a) the notification has effect in relation to such an owner or occupier in its amended form.

(4) Any local land charge relating to a notification by virtue of section 28(9) of the WCA 1981 must be varied in accordance with the amendment to that notification.

Marginal Citations

M1 Section 28 was substituted by the Countryside and Rights of Way Act 2000 (c. 37), paragraph 1 of Schedule 9, and amended by the Natural Environment and Rural Communities Act 2006 (c. 16), paragraph 79 of Schedule 11.