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Part IIIE+W+S Nature conservation and wildlife protection

Sites of special scientific interestE+W+S

75 Sites of special scientific interest.E+W

(1)Schedule 9 (which makes amendments of the 1981 Act to change the law relating to sites of special scientific interest, including provision as to offences) has effect.

(2)A notification under section 23 of the National Parks and Access to the M1Countryside Act 1949 (notification to local planning authorities of areas of special scientific interest) which by virtue of section 28(13) of the 1981 Act as originally enacted had effect as if given under section 28(1)(a) of that Act, shall cease to have effect.

(3)In section 15(2) of the M2Countryside Act 1968 (which provides for agreements between the Nature Conservancy Council and those with interests in land which is included in an area of special scientific interest, or is adjacent to such land), for “adjacent” there is substituted “ other ”.

(4)After section 15 of the Countryside Act 1968 there is inserted—

15A Compulsory purchase.

(1)The Nature Conservancy Council may in circumstances set out in subsection (2) acquire compulsorily all or any part of the land referred to in section 15(2).

(2)The circumstances are—

(a)that the Nature Conservancy Council are satisfied that they are unable to conclude, on reasonable terms, such an agreement as is referred to in section 15(2), or

(b)that they have entered into such an agreement, but they are satisfied it has been breached in such a way that the flora, fauna or geological or physiographical features referred to there are not being conserved satisfactorily.

(3)A dispute about whether or not there has been a breach of the agreement for the purposes of subsection (2)(b) shall be determined by an arbitrator appointed by the Lord Chancellor.

(4)Where the Nature Conservancy Council have acquired land compulsorily under this section, they may—

(a)themselves take steps to conserve the flora, fauna or geological or physiographical features in question, or

(b)dispose of the land on terms designed to secure that those flora, fauna or features are satisfactorily conserved.

(5)In this section, “Nature Conservancy Council” means English Nature as respects land in England, and the Council as respects land in Wales.

Marginal Citations

76 Consequential amendments, transitional provisions and savings relating to s. 75.E+W+S

(1)Schedule 10 (which makes amendments of the 1981 Act consequential upon the substitution or repeal as respects England and Wales of certain sections in that Act, and also makes other consequential amendments) has effect.

(2)Schedule 11 (which makes transitional provisions and savings relating to the coming into force of section 75) has effect.