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Nature Conservation (Scotland) Act 2004

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This is the original version (as it was originally enacted).

7Addition or modification of operations requiring consent: urgent situations
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(1)Where SNH considers that a person is carrying out, or intends to carry out, an operation (other than an operation requiring consent) which it considers is damaging or is likely to damage any natural feature specified in an SSSI notification and that the situation is one of urgency, SNH may, with the consent of the Scottish Ministers, amend the SSSI notification by—

(a)adding to the operations requiring consent specified in it,

(b)modifying the description of any operation requiring consent so specified.

(2)An application to the Scottish Ministers for their consent under subsection (1) must—

(a)set out SNH’s reasons for considering that the proposed amendment should be made and that the situation is one of urgency, and

(b)contain such other information relating to the proposed amendment as the Scottish Ministers may specify.

(3)If the Scottish Ministers give their consent under subsection (1), SNH must amend the SSSI notification by giving notification of the amendment and of the consent—

(a)to every owner and occupier of land within the site of special scientific interest, and

(b)where the person whom SNH considers is carrying out or is likely to carry out the operation is not given notice under paragraph (a), to that person.

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