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Nature Conservation (Scotland) Act 2004

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This is the original version (as it was originally enacted).

23Nature conservation orders

This section has no associated Explanatory Notes

(1)Where the Scottish Ministers consider that, for either or both of the purposes specified in subsection (2), the carrying out of an operation on land of a description specified in subsection (3) should be wholly or partly prohibited, they may make an order (a “nature conservation order”)—

(a)specifying the operation,

(b)specifying the circumstances (if any) in which the carrying out of the operation is not prohibited, and

(c)prohibiting any person from carrying it out on such land other than in those circumstances.

(2)The purposes referred to in subsection (1) are—

(a)the conservation of any natural feature by reason of which land (whether or not the land in question) is a site of special scientific interest or, as the case may be, is otherwise considered by the Scottish Ministers to be of special interest,

(b)compliance with an international obligation.

(3)The land referred to in subsection (1) is—

(a)land which is, or forms part of, a site of special scientific interest,

(b)land which is not, or does not form part of, a site of special scientific interest but is, in the opinion of the Scottish Ministers, of special interest by reason of any of its natural features,

(c)land which is contiguous to, or which the Scottish Ministers consider to be otherwise associated with, land of the type described in paragraph (a) or (b), or

(d)any combination of land of the types described in paragraphs (a) to (c).

(4)The circumstances which may be specified in a nature conservation order by virtue of subsection (1)(b) include, for example, the carrying out of an operation—

(a)at a particular time,

(b)in a particular manner, or

(c)in accordance with particular conditions.

(5)Each operation specified in a nature conservation order is, so far as prohibited by the order in relation to the land to which the order relates, referred to in this Act as a “prohibited operation”.

(6)A nature conservation order has effect on being made.

(7)A nature conservation order ceases to have effect—

(a)on the date on which a decision not to confirm it is made under paragraph 5 of schedule 2,

(b)if no decision is made under that paragraph within the period mentioned in sub-paragraph (a) of that paragraph or that period as extended under paragraph 12 of that schedule, at the end of that period, or

(c)on the date on which an order under section 24(1) revoking it is made.

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