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Wildlife and Countryside Act 1981

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Wildlife and Countryside Act 1981, Section 28E is up to date with all changes known to be in force on or before 24 November 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F128E Duties in relation to sites of special scientific interest.E+W

( 1)The owner or occupier of any land included in a site of special scientific interest shall not while the notification under section 28(1)(b) remains in force carry out, or cause or permit to be carried out, on that land any operation specified in the notification unless—

(a)one of them has, after service of the notification, given [F2Natural England] 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 (3) is fulfilled.

(2)Subsection (1) does not apply to an owner or occupier being an authority to which section 28G applies acting in the exercise of its functions.

(3)The conditions are—

(a)that the operation is carried out with [F3Natural England's] written consent;

(b)that the operation is carried out in accordance with the terms of an agreement under section 16 of the 1949 Act [F4, section 7 of the Natural Environment and Rural Communities Act 2006 or section 16 of the Environment (Wales) Act 2016];

(c)that the operation is carried out in accordance with a management scheme under section 28J or a management notice under section 28K.

(4)A consent under subsection (3)(a) may be given—

(a)subject to conditions, and

(b)for a limited period,

as specified in the consent.

(5)If [F2Natural England] do not consent, they shall give notice saying so to the person who gave the notice under subsection (1).

(6)[F2Natural England] may, by notice given to every owner and occupier of any of the land included in the site of special scientific interest, or the part of it to which the consent relates—

(a)withdraw the consent; or

(b)modify it (or further modify it) in any way.

(7)The following—

(a)a consent under subsection (3)(a) granting consent subject to conditions or for a limited period, and

(b)a notice under subsection (5) or (6),

must include a notice of [F3Natural England's] reasons for imposing the conditions, for the limitation of the period, for refusing consent, or for withdrawing or modifying the consent, and also a notice of the matters set out in subsection (8).

(8)The matters referred to in subsection (7) are—

(a)the rights of appeal under section 28F;

(b)the effect of subsection (9); and

(c)in the case of a notice under subsection (6), the effect of section 28M.

(9)A withdrawal or modification of a consent is not to take effect until—

(a)the expiry of the period for appealing against it; or

(b)if an appeal is brought, its withdrawal or final determination.

(10)[F2Natural England] shall have power to enforce the provisions of this section.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Ss. 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)

F4Words in s. 28E(3)(b) substituted (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(2)

Modifications etc. (not altering text)

C2S. 28E(1) excluded (30.1.2001) by 1987 c. 53, s. 9(7)(a) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 6)

S. 28E(1) excluded (30.1.2001) by 1996 c. 61, s. 38, Sch. 10 para. 6(a) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 11)

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