Section 38 – Denotification of SSSIs: damage caused by authorised operations
248.Section 38 of the Act amends section 9 of the 2004 Act, which as read with section 11 of and schedule 1 to that Act provides for SNH to denotify a SSSI to the extent that a site is no longer of special interest by reason of the natural feature specified in the notification of the site
249.Section 9 as amended provides that section 11 of and paragraphs 3 to 15 of schedule 1 to the 2004 Act do not apply where a site is denotified by reason of damage to, or destruction of, a natural feature as a consequence of a certain operations permitted by a public body or office-holder. The effect is to streamline the process for denotification of a SSSI in such circumstances.