PART 2 CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES

Control of potentially damaging operations

[F1Sites of special scientific interest which become European sites: duty to review

23.—(1) This regulation applies where a consent for an operation has been given under section 28E(3)(a) of the WCA 1981 (or having effect as if given under that sectionin relation to land included in a site of special scientific interest which, after the date of that consent, becomes land within a European site.

(2) The appropriate nature conservation body must, as soon as reasonably practicable, review the consent and affirm, modify or withdraw it.

(3) Regulation 21 applies for the purposes of paragraph (2), with the following modifications—

(a)as if the reference in regulation 21(1) to a notice of a proposal under section 28E(1)(a) of the WCA 1981 were a reference to a consent under section 28E(3)(a) of that Act; and

(b)as if the reference to giving consent in regulation 21(2) were a reference to affirming that the consent should remain in force.]

Textual Amendments