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Nature Conservation (Scotland) Act 2004

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 Biodiversity

    1. 1.Duty to further the conservation of biodiversity

    2. 2.Scottish Biodiversity Strategy

  3. Part 2 Conservation and enhancement of natural features

    1. Chapter 1 Sites of special scientific interest

      1. Notification of sites of special scientific interest

        1. 3.Duty to give notification of sites of special scientific interest

        2. 4.Site management statements

        3. 5.Enlargement of sites of special scientific interest

        4. 6.Review of operations requiring consent

        5. 7.Addition or modification of operations requiring consent: urgent situations

        6. 8.Variation of SSSI notifications

        7. 9.Denotification of sites of special scientific interest

        8. 10.Notifications relating to sites of special scientific interest: procedure

        9. 11.Effect of SSSI notification

      2. Exercise of functions in relation to sites of special scientific interest

        1. 12.Exercise of functions by public bodies etc.

      3. Operations affecting sites of special scientific interest

        1. 13.Operations by public bodies etc.

        2. 14.Operations by public bodies etc.: authorised operations

        3. 15.Consent by certain regulatory authorities

        4. 16.Operations by owners or occupiers of sites of special scientific interest

        5. 17.Operations by owners or occupiers of sites of special scientific interest: authorised operations

        6. 18.Appeals in connection with operations requiring consent

      4. Offences and byelaws

        1. 19.Offences in relation to sites of special scientific interest

        2. 20.Byelaws

      5. Supplementary

        1. 21.Advisory Committee on sites of special scientific interest

        2. 22.SSSI register

    2. Chapter 2 Nature conservation orders

      1. 23.Nature conservation orders

      2. 24.Amendment or revocation of nature conservation orders

      3. 25.Nature conservation orders and related orders: procedure

      4. 26.Review of nature conservation orders

      5. 27.Offences in relation to nature conservation orders

      6. 28.Reports

    3. Chapter 3 Land management orders

      1. 29.Proposals for land management orders

      2. 30.Power to make land management orders

      3. 31.Content of land management orders

      4. 32.Review of land management orders

      5. 33.Land management orders and related orders: procedure

      6. 34.Appeals in connection with land management orders and related orders

      7. 35.Effect of land management orders

      8. 36.Offences in relation to land management orders

      9. 37.Enforcement of land management orders

    4. Chapter 4 General and supplementary

      1. 38.Ramsar sites

      2. 39.Acquisition of land by SNH

      3. 40.Restoration orders

      4. 41.Signs etc.

      5. 42.Change of owner or occupier

      6. 43.Powers of investigation etc.: police

      7. 44.Powers of entry: authorised persons

      8. 45.SNH: power to enforce

      9. 46.Offences: penalties and time limits

      10. 47.Offences by bodies corporate etc.

      11. 48.Notices, applications etc.

      12. 49.Transitional arrangements

  4. Part 3 Protection of wildlife

    1. 50.Protection of wildlife

    2. 51.Scottish Marine Wildlife Watching Code

  5. Part 4 Scottish Fossil Code

    1. 52.Scottish Fossil Code

  6. Part 5 General

    1. 53.Orders and regulations: general

    2. 54.Guidance

    3. 55.Crown application

    4. 56.Ancillary provision

    5. 57.Minor and consequential amendments and repeals

    6. 58.Interpretation

    7. 59.Short title and commencement

    1. SCHEDULE 1

      Notifications relating to sites of special scientific interest: procedure

      1. 1.Application of schedule

      2. 2.Publication

      3. 3.Content of notification

      4. 4.Confirmation or withdrawal of notification

      5. 5.If SNH does not give notice under paragraph 10 within...

      6. 6.Modification of notification

      7. 7.Such modifications must not have the effect of—

      8. 8.Paragraph 7(a) does not prevent SNH from amending an SSSI...

      9. 9.Referral to Advisory Committee

      10. 10.Notice of decision to confirm or withdraw

      11. 11.Where a notice is given under paragraph 10(a) to a...

      12. 12.Extension of period during which notification is to be confirmed or withdrawn

      13. 13.The period mentioned in paragraph 4(a) may not be extended...

      14. 14.Agreement is obtained for the purposes of paragraph 12(b) if...

      15. 15.Where SNH extends or further extends the period mentioned in...

    2. SCHEDULE 2

      Nature conservation orders and related orders: procedure

      1. 1.Application of schedule

      2. 2.Consultation

      3. 3.Notification

      4. 4.The notice must— (a) set out the order or describe...

      5. 5.Confirmation of nature conservation orders and amending orders

      6. 6.The Scottish Ministers may confirm the order with or without...

      7. 7.Such modifications must not extend the area of land to...

      8. 8.The Scottish Ministers must, as soon as practicable after making...

      9. 9.An order which is confirmed with modifications has effect, from...

      10. 10.Inquiry or other opportunity to be heard

      11. 11.Subsections (4) to (8) (which relate to the giving of...

      12. 12.Extension of period

      13. 13.Agreement is obtained for the purposes of paragraph 12 if...

      14. 14.Where the Scottish Ministers extend or further extend the period...

      15. 15.Recording or registration of orders

    3. SCHEDULE 3

      Land management orders and related orders: procedure

      1. 1.Notification of proposals for land management order

      2. 2.SNH must also arrange for notification of the proposal to...

      3. 3.A notification under paragraph 1 or 2 must—

      4. 4.Such representations may be made at any time—

      5. 5.The Scottish Ministers may, on the application of any person...

      6. 6.Power to require disclosure of information

      7. 7.Paragraph 6 does not authorise the Scottish Ministers to require...

      8. 8.Any person who— (a) refuses or fails, without reasonable excuse,...

      9. 9.Any person guilty of an offence under paragraph 8 is...

      10. 10.Withdrawal of proposal

      11. 11.Notification of decision on orders

      12. 12.The Scottish Ministers must also give notice of their decision...

      13. 13.Such a notice must specify— (a) the Scottish Ministers' reasons...

      14. 14.Recording or registration of orders

    4. SCHEDULE 4

      Powers of entry of authorised persons: further provision

      1. 1.Notice of entry to occupied land

      2. 2.Warrant for entry

      3. 3.Evidence of authority

      4. 4.Supplementary powers

      5. 5.Duty to secure land

      6. 6.Compensation

    5. SCHEDULE 5

      Part 2: transitional arrangements

      1. 1.Interpretation

      2. 2.Notifications under the 1981 Act

      3. 3.Where this paragraph applies in relation to an existing notification—...

      4. 4.SNH must, as soon as practicable after paragraph 3 first...

      5. 5.SNH may, despite subsection (2) of section 6, carry out...

      6. 6.A permission to carry out an operation specified in an...

      7. 7.Where paragraph 3 does not, by virtue of paragraph 2(b),...

      8. 8.Notifications under the 1949 Act

      9. 9.Land in respect of which a 1949 Act notification has...

      10. 10.SNH may revoke a 1949 Act notification by giving notice...

      11. 11.Orders under section 29 of the 1981 Act

      12. 12.Registers of notifications: transitory provisions

      13. 13.Any notification, plan or notice which, immediately before the relevant...

    6. SCHEDULE 6

      Protection of wildlife

      1. 1.Wildlife and Countryside Act 1981 (c. 69)

      2. 2.Protection of birds: offences

      3. 3.In section 2 (exceptions to offences against wild birds etc.)—...

      4. 4.In section 3 (areas in which wild birds are given...

      5. 5.(1) Section 4 (exceptions to offences against wild birds etc.)...

      6. 6.In section 5 (prohibition of certain methods of killing or...

      7. 7.In section 7(3) (prohibition on possessing certain birds)—

      8. 8.Protection of animals: offences

      9. 9.In section 10 (exceptions to offences against wild animals)—

      10. 10.(1) Section 11 (prohibition of certain methods of killing or...

      11. 11.Protection of plants: offences

      12. 12.Non-native species

      13. 13.After section 14 insert— Prohibition on sale etc. of certain...

      14. 14.Miscellaneous

      15. 15.In section 16 (power to grant licences)—

      16. 16.In section 19 (enforcement)— (a) in subsection (1)(b)—

      17. 17.After section 19ZB (inserted, as respects England and Wales, by...

      18. 18.In section 20(2) (summary prosecutions)— (a) for “two” substitute “three”,...

      19. 19.In section 21 (penalties etc.)— (a) in subsection (1), for...

      20. 20.In section 22 (power to vary Schedules)—

      21. 21.In section 26 (procedure for orders)— (a) in each of...

      22. 22.After section 26 insert— Enforcement of wildlife legislation Regulations under section 2(2) of the European Communities Act 1972...

      23. 23.(1) Section 27 (interpretation of Part I) is amended as...

      24. 24.Before Schedule 1 insert— Schedule A1 Protected nests and nest...

      25. 25.After Schedule 1 insert— Schedule 1A Birds which are protected...

      26. 26.Protection of Badgers Act 1992 (c. 51)

    7. SCHEDULE 7

      Minor and consequential amendments and repeals

      1. 1.Harbours Act 1964 (c. 40)

      2. 2.Forestry Act 1967 (c. 10)

      3. 3.Conservation of Seals Act 1970 (c. 30)

      4. 4.Wildlife and Countryside Act 1981 (c. 69)

      5. 5.Road Traffic Regulation Act 1984 (c. 27)

      6. 6.Channel Tunnel Act 1987 (c. 53)

      7. 7.Environmental Protection Act 1990 (c. 43)

      8. 8.Natural Heritage (Scotland) Act 1991 (c. 28)

      9. 9.Scottish Land Court Act 1993 (c. 45)

      10. 10.Environment Act 1995 (c. 25)

      11. 11.Deer (Scotland) Act 1996 (c. 58)

      12. 12.Town and Country Planning (Scotland) Act 1997 (c. 8)

      13. 13.Water Industry (Scotland) Act 2002 (asp 3)

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