Land Drainage Act 1991

[F1 61C Duties with respect to sites of special scientific interest. E+W

(1) Where [F2 Natural England] or [F3 the Natural Resources Body for Wales] are of the opinion that any area of land in England or, as the case may be, in Wales—

(a) is of special interest by reason of its flora, fauna or geological or physiographical features; and

(b) may at any time be affected—

(i) by works, operations or activities of an internal drainage board, or

(ii) by works, operations or activities of a local authority under this Act,

[F4 Natural England or [F3 the Natural Resources Body for Wales]] shall notify the fact that the land is of special interest for that reason to every internal drainage board and local authority whose works, operations or activities may affect the land.

(2) Where a National Park authority or the Broads Authority is of the opinion that any area of land in a National Park or in the Broads—

(a) is land in relation to which the matters for the purposes of which section 61A or 61B above has effect are of particular importance; and

(b) may at any time be affected—

(i) by works, operations or activities of an internal drainage board, or

(ii) by works, operations or activities of a local authority under this Act,

the National Park authority or Broads Authority shall notify the fact that the land is such land, and the reasons why those matters are of particular importance in relation to the land, to every internal drainage board and local authority whose works, operations or activities may affect the land.

(3) Where an internal drainage board or local authority have received a notification under subsection (1) or (2) above with respect to any land, the board or authority shall consult the notifying body before carrying out any works, operations or activities, or in the case of the authority any works operations or activities under this Act, which appear to the board or authority to be likely—

(a) to destroy or damage any of the flora, fauna, or geological or physiographical features by reason of which the land is of special interest; or

(b) significantly to prejudice anything the importance of which is one of the reasons why the matters mentioned in subsection (2) above are of particular importance in relation to that land.

(4) Subsection (3) above shall not apply in relation to anything done in an emergency where particulars of what is done and of the emergency are notified to [F5 Natural England ], [F3 the Natural Resources Body for Wales], the National Park authority in question or, as the case may be, the Broads Authority as soon as practicable after that thing is done.

(5) In this section—

• “ the Broads ” has the same meaning as in the Norfolk and Suffolk Broads Act 1988;. . .

• F6 . . . ]

Textual Amendments

F1 Ss. 61A-61E inserted (21.09.1994) by 1994 c. 25, ss. 1, 3(2)

F2 Words in s. 61C(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 134(2)(a); S.I. 2006/2541, art. 2 (with Sch.)

F3 Words in s. 61C substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 330 (with Sch. 7)

F4 Words in s. 61C(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 134(2)(b); S.I. 2006/2541, art. 2 (with Sch.)

F5 Words in s. 61C(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 134(3); S.I. 2006/2541, art. 2 (with Sch.)

F6 Definition in s. 61C(5) and the word immediately preceding repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2

Modifications etc. (not altering text)

C1 S. 61C amended (temp.) (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 34(1)(c) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)