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Nature Conservation (Scotland) Act 2004

Referral to Advisory Committee

75.Paragraph 9 , together with section 21(6) to (8), sets out SNH’s obligations in situations where representations (including objections to the site) have been lodged in accordance with paragraph 3(c).

76.Where any valid representation has been received and it relates to the natural features specified in the notification (e.g. it is an objection concerning the appropriateness or accuracy of the information contained in an SSSI notification by virtue of section 3(4)(a)(ii) or it concerns SNH’s reasons for considering a site no longer to be of special interest) SNH cannot then confirm the notification until it has referred the representation to the Advisory Committee on SSSIs (“ACSSSI) and considered any advice received from ACSSSI.

77.The role and operations of ACSSSI are defined in section 21 (for which see paragraphs 153 to 162 of these notes ). The need to allow sufficient time for ACSSSI to consider objections, and for SNH properly, in turn, to consider ACSSSI’s advice, prior to expiry of the deadline for confirmation of the SSSI was one of the key reasons for extending the confirmation period from 9 months (under the 1981 Act) to one year (under this Act).

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