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(1)SNH’s consent under section 13 is not required in relation to the carrying out of an operation of the type described in subsection (1) of that section—
(a)in respect of which permission has been given by a relevant regulatory authority in accordance with section 15,
(b)which is authorised by a planning permission granted on an application under Part III of the Town and Country Planning (Scotland) Act 1997 (c. 8),
(c)which is an emergency operation particulars of which (including details of the emergency) are notified to SNH as soon as practicable after the necessity for the operation becomes apparent,
(d)in accordance with the terms of a management agreement between SNH and the public body or office-holder carrying out the operation, or
(e)in accordance with any plan relating to the management of land which has been prepared by the public body or office-holder and approved in writing by SNH for the purposes of this section.
(2)A public body or office-holder may, if all the conditions set out in subsection (3) are satisfied, carry out an operation of the type described in section 13(1)—
(a)in respect of which SNH has refused consent, or
(b)in a case where SNH has given consent, otherwise than in accordance with any condition to which the consent is subject.
(3)Those conditions are—
(a)that the public body or office-holder has, more than 28 days after the date of the application under section 13(3), given notice to SNH of—
(i)the date (which must be at least 28 days after the date of the notice) on which it proposes to commence the operation, and
(ii)what (if anything) the body or office-holder has done, or proposes to do, in consequence of any written advice in relation to the operation which it has received, before the date of the notice, from SNH in pursuance of section 13(6),
(b)that the body or office-holder carries out the operation in such a way as to give rise to as little damage or disturbance as is reasonably practicable in all the circumstances to any natural feature specified in an SSSI notification (having had regard, in particular, to any such advice as is referred to in paragraph (a)(ii)),
(c)that in carrying out the operation, the body or office-holder complies with section 12(2)(c).
(4)Subsection (5) applies where—
(a)a public body or office-holder carries out an operation for which it would, but for subsection (1)(a) or (c) or (2), require SNH’s consent, and
(b)the operation damages any natural feature specified in an SSSI notification.
(5)Where this subsection applies the body or office-holder must—
(a)consult SNH as to the manner in which the natural feature should be restored to its former condition, and
(b)restore it, so far as is reasonably practicable, to that condition in accordance with any advice given by SNH in pursuance of paragraph (a).
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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