The Conservation of Habitats and Species Regulations 2017

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

25.—(1) This regulation applies where a consent for an operation has been given under section 28E(3)(a) of the WCA 1981(1) (or has effect as if given under that section(2)) in 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 24 applies for the purposes of paragraph (2), as if—

(a) the reference in regulation 24(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) the reference to giving consent in regulation 24(2) were a reference to affirming that the consent should remain in force.

(1)

Section 28E(3)(a) was amended by the Natural Environment and Rural Communities Act 2006 (c. 16), Schedule 11, paragraph 79.

(2)

See paragraph 8(1)(b) of Schedule 11 to the Countryside and Rights of Way Act 2000 (c. 37).