The Wildlife and Countryside (Sites of Special Scientific Interest, Appeals) (Wales) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

Part III of and Schedule 9 to the Countryside and Rights of Way Act 2000 (“the 2000 Act”) substitutes new sections 28 to 28R in the Wildlife and Countryside Act 1981 (“the 1981 Act”). Part III of and Schedule 11 to the 2000 Act makes transitional provisions in relation to the 1981 Act.

These Regulations make procedural provision, in relation to Wales, for appeals to the National Assembly for Wales by the owners or occupiers of sites of special scientific interest under—

(a) section 28F(1) of the 1981 Act, against a refusal by the Countryside Council for Wales (“the Council”), to consent to certain operations on the land, against the conditions attached to such a consent, against the modification or withdrawal of such a consent, or against the failure of the Council to determine an application for consent within the period prescribed by the 1981 Act;

(b) section 28(L)(1) of the 1981 Act, against a management notice served by the Council;

(c) paragraph 11(1) of Schedule 11 to the 2000 Act, against a stop notice served by the Council in respect of operations on the land.

These Regulations also prescribe the time within which an appeal under section 28(L)(1) of the 1981 Act must be brought, namely that it must be received by the National Assembly within the period of 2 months beginning with the date of the management notice to which it relates unless a longer period has been agreed by the Council and the appellant.