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(1)This section applies where the relevant conservation body—
(a)has (whether before or after the commencement of this section) taken all reasonable steps to ensure that, under any provision listed in subsection (2), notice is served on every owner and occupier of any land to which the notice relates, but
(b)has failed to do so.
(2)The provisions are—
(a)section 28(1) (notification of SSSI);
(b)section 28(5) (confirmation or withdrawal of notification of SSSI);
(c)section 28A(3) (notice varying notification under section 28);
(d)section 28A(5) (notice confirming or withdrawing variation of notification);
(e)section 28B(2) (notification of additional land to be included in SSSI);
(f)section 28B(7) (confirmation or withdrawal of notification);
(g)section 28C(2) (notification of enlargement of SSSI);
(h)section 28C(3) (confirmation or withdrawal of notification of enlargement);
(i)section 28D(2) (denotification);
(j)section 28D(5) (withdrawal or confirmation of denotification);
(k)section 28J(3) (notice of proposed management scheme);
(l)section 28J(8) (withdrawal or confirmation of management scheme).
(3)The validity of the notice is not affected by the failure to serve it on every owner and occupier of the land.
(4)For the purposes of sections 28 to 28Q, the time when the notice is to be treated as having been served is the time when the relevant conservation body took the last of the steps referred to in subsection (1)(a).
(5)If the relevant conservation body becomes aware of its failure to serve a notice on an owner or occupier, it must serve a copy of the notice on that owner or occupier.
(6)Nothing in subsection (3) or (4) renders the owner or occupier liable—
(a)in relation to anything done or omitted to be done before the commencement of this section, or
(b)under section 28P(1) or 28Q(4) in relation to anything done or omitted to be done before the copy of the notice is served under subsection (5).
(7)“The relevant conservation body” means—
(a)in relation to land in an area in England—
(i)subject to sub-paragraph (ii), Natural England;
(ii)in relation to any time before the commencement of section 27AA, English Nature;
(b)in relation to land in an area in Wales, the Countryside Council for Wales.]
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.
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