Nature Conservation (Scotland) Act 2004

40 Restoration orders S

(1) Where—

(a) a person is convicted of an offence under section 19(1), or

(b) the operation in respect of which a person is convicted of an offence under section 19(3), 27(1) or 36(2) has damaged any protected natural feature,

the court by which the person is convicted may, in addition to dealing with the person in any other way, by order require the person to carry out, within such period as may be specified in the order, such operations for the purpose of restoring, so far as is reasonably practicable, the protected natural feature to its former condition as may be so specified.

(2) Before making an order under subsection (1), the court must have regard to any representations by SNH as to the manner in which the aspect should be restored.

(3) At any time before an order under subsection (1) has been complied with, the court by which it was made may, on the application of the person against whom it was made, discharge or modify the order if it appears to the court that a change in circumstances has made compliance or full compliance with the order impracticable or unnecessary.

(4) If, within the period specified in an order under subsection (1), the person against whom the order was made fails, without reasonable excuse, to comply with it, the person is guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding £40,000,

(b) on conviction on indictment, to a fine.

(5) If, within the period specified in an order under subsection (1), any operations specified in the order have not been carried out in accordance with the order, SNH may—

(a) carry out those operations, and

(b) recover from the person against whom the order was made any expenses reasonably incurred by it in doing so.

(6) An order under subsection (1) is, for the purposes of any appeal or review, to be treated as a sentence.

Modifications etc. (not altering text)

C1 S. 40 applied (with modifications) by S.I. 1994/2716, regs. 19, 22 (as substituted (29.11.2004) by Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20-21))

Commencement Information

I1 S. 40 in force at 29.11.2004 by S.S.I. 2004/495, art. 2