Nature Conservation (Scotland) Act 2004 (asp 6)

Part 2 S Conservation and enhancement of natural features

Chapter 3 S Land management orders

Modifications etc. (not altering text)

C1 Pt. 2 Ch. 3 applied (with modifications) by S.I. 1994/2716, regs. 19, 21 (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))

34 Appeals in connection with land management orders and related orders S

(1) Any owner or occupier of land to which a land management order relates who is aggrieved by—

(a) a decision of the Scottish Ministers to make a land management order or an order under section 32(3), or

(b) the terms or conditions of such an order,

may appeal to the Scottish Land Court.

(2) An appeal under subsection (1) must be lodged not later than 28 days after the date on which the Scottish Ministers gave notice to the appellant of the decision being appealed.

(3) The Scottish Land Court must determine an appeal under subsection (1) on the merits rather than by way of review and may do so by—

(a) affirming the order in question,

(b) directing the Scottish Ministers to amend the order in such manner as the Court may specify,

(c) directing the Scottish Ministers to revoke the order,

(d) making such other order as it thinks fit.

Commencement Information

I1 S. 34 in force at 29.11.2004 by S.S.I. 2004/495, art. 2