Editorial Information
X1S. 27A and preceding heading repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 77, Sch. 12; S.I. 2006/2541, art. 2 and new s. 27AA and preceding heading inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 78; S.I. 2006/2541, art. 2
Textual Amendments
F1S. 27AA and preceding heading inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 78; S.I. 2006/2541, art. 2
(1)Where it appears to [F3Natural England] that—
(a)an owner or occupier of land is not giving effect to a provision of a management scheme, and
(b)as a result any flora, fauna or geological or physiographical features by reason of which the land is of special interest are being inadequately conserved or restored,
they may if they think fit serve a notice on him (a “management notice”).
(2)They may not serve a management notice unless they are satisfied that they are unable to conclude, on reasonable terms, an agreement with the owner or occupier as to the management of the land in accordance with the management scheme.
(3)A management notice is a notice requiring the owner or occupier to—
(a)carry out such work on the land, and
(b)do such other things with respect to it,
as are specified in the notice, and to do so before the dates or within the periods so specified.
(4)The work and other things specified in the notice must appear to [F3Natural England] to be measures which it is reasonable to require in order to ensure that the land is managed in accordance with the management scheme.
(5)The management notice must explain the effect of subsection (7) and (8) and of sections 28L and 28M(2) to (4).
(6)A copy of the management notice must be served on every other owner and occupier of the land.
(7)If any of the work or other things required by a management notice have not been done within the period or by the date specified in it, [F3Natural England] may—
(a)enter the land, and any other land, and carry out the work, or do the other things; and
(b)recover from the owner or occupier upon whom the notice was served any expenses reasonably incurred by them in carrying out the work or doing the other things.
(8)If an appeal is brought against the management notice, and upon the final determination of the appeal the notice is affirmed (with or without modifications), subsection (7) applies as if the references there to the management notice were to the notice as affirmed.]
Textual Amendments
F2Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)
F3Words in s. 28J substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2