Part II Nature Conservation, Countryside and National Parks
National Parks
41AF18Application of sections 42 to 45 in Wales
In relation to land in Wales, sections 42 to 45 (which relate to National Parks) have effect as if references to Natural England were references to the Countryside Council for Wales.
42 Notification of agricultural operations on moor and heath in National Parks.
1
The Ministers may, if satisfied that it is expedient to do so, by order apply subsection (2) to any land which is comprised in a National Park and which appears to them to consist of or include moor or heath.
C1C22
Subject to subsection (3), no person shall—
a
by ploughing or otherwise convert into agricultural land any land to which this subsection applies and which is moor or heath which has not been agricultural land at any time within the preceding 20 years; or
b
carry out on any such land any other agricultural operation or any forestry operation which (in either case) appears to the Ministers to be likely to affect its character or appearance and is specified in the order applying this subsection to that land.
3
Subsection (2) shall not apply in relation to any operation carried out, or caused or permitted to be carried out, by the owner or occupier of the land if—
a
one of them has, after the coming into force of the order, given the F1National Park authority written notice of a proposal to carry out the operation, specifying its nature and the land on which it is proposed to carry it out; and
b
one of the conditions specified in subsection (4) is satisfied.
4
The said conditions are—
a
that the F1National Park authority have given their consent to the carrying out of the operation;
b
where that authority have neither given nor refused their consent, that three months have expired from the giving of the notice; and
c
where that authority have refused their consent, that twelve months have expired from the giving of the notice.
5
A person who, without reasonable excuse, contravenes subsection (2) shall be liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
6
7
In considering for the purposes of this section whether land has been agricultural land within the preceding 20 years, no account shall be taken of any conversion of the land into agricultural land which was unlawful under the provisions of this section or section 14 of the 1968 Act.
8
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
9
The said section 14 (which is superseded by this section) shall cease to have effect; but this section shall have effect as if any order under that section in force immediately before the coming into force of this section had been made under this section.
C343 Maps of National Parks showing certain areas of moor or heath.
1
Every F2local planning authority whose area comprises the whole or any part of a National Park shall—
a
b
F5at intervals of not more than five years review the particulars contained in the map and make such revisions thereof (if any) as may be requisite.
F61A
1B
1C
Before issuing or revising any guidelines under subsection (1B) the F23AgencyF24or, as the case may be, the Council shall consult such bodies as appear to them to represent interests concerned; and before preparing or revising any map under subsection (1) a F7local planning authority shall consult such bodies as appear to the authority to represent interests concerned with matters affecting the Park or part of the Park in question.
2
The authority shall cause a map prepared or revised in pursuance of subsection (1) to be printed, and shall cause copies thereof to be put on sale to the public at such price as the authority may determine.
F93
This section applies to any area of mountain, moor, heath, woodland, down, cliff or foreshore (including any bank, barrier, dune, beach, flat or other land adjacent to the foreshore); and in this section “the relevant date” means the date of issue of the first guidelines under subsection (1B).
44 Grants and loans for purposes of National Parks.
F101
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F111A
F12. . .the National Park authority for such a Park may give financial assistance by way of grant or loan, or partly in one way and partly in the other, to any person in respect of expenditure incurred by him in doing anything which, in the opinion of the authority, is conducive to the attainment in the Park in question of any of the purposes mentioned in section 5(1) of the 1949 Act (purposes of conserving and enhancing the natural beauty, wildlife and cultural heritage of National Parks and of promoting opportunities for the understanding and enjoyment of the special qualities of those Parks by the public).
2
On making a grant or loan under this section F13the authority in question may impose such conditions as they think fit, including (in the case of a grant) conditions for repayment in specified circumstances.
3
F13The authority in question shall so exercise their powers under subsection (2) as to ensure that any person receiving a grant or loan under this section in respect of premises to which the public are to be admitted, whether on payment or otherwise, shall, in the means of access both to and within the premises, and in the parking facilities and sanitary conveniences to be available (if any), make provision, insofar as it is in the circumstances both practicable and reasonable, for the needs of members of the public visiting the premises who are disabled.
F144
For the purposes of this section the Broads Authority shall be treated as a F15National Park authority and the Broads as a National Park for which it is the local planning authority.
45 Power to vary order designating National Park.
F161
The F25Countryside Agency (as well as the Secretary of State) shall have power to make an order amending an order made under section 5 of the 1949 Act designating a National Park F26in England, and—
a
section 7(5) and (6) of that Act (consultation and publicity in connection with orders under section 5 or 7) shall apply to an order under this section as they apply to an order under section 7(4) of that Act with the substitution for the reference in section 7(5) to the Secretary of State of a reference to the F25Countryside Agency; and
b
Schedule 1 to that Act (procedure in connection with the making and confirmation of orders under section 5 or 7) shall apply to an order under this section as it applies to an order designating a National Park.
F272
Subsection (1) shall apply to the Countryside Council for Wales, in relation to any National Park in Wales, as it applies to the F28Countryside Agency in relation to any National Park in England.