Countryside and Rights of Way Act 2000

Section 76(1).

SCHEDULE 10 Consequential amendments relating to sites of special scientific interest

Part I Amendments of Wildlife and Countryside Act 1981

1 (1) The 1981 Act is amended as follows.

(2) In section 28 (areas of special scientific interest)—

(a) in subsection (8)(a), “Part III of the Town and Country Planning Act 1990 or” is omitted; and

(b) subsections (10) and (11) are omitted.

(3) In section 29 (special protection for certain areas of special scientific interest), in subsection (9)(a), “Part III of the Town and Country Planning Act 1990 or” is omitted.

(4) In section 30 (compensation where order is made under section 29)—

(a) in subsection (4)(c), “section 10 of the Land Compensation Act 1973 (mortgages, trusts for sale and settlements) or” is omitted;

(b) in subsection (5), “section 5 of the Land Compensation Act 1961 or” is omitted;

(c) in subsection (7), “section 32 of the Land Compensation Act 1961 or” is omitted;

(d) in subsection (8), “the Lands Tribunal or” is omitted; and

(e) in subsection (9), “sections 2 and 4 of the Land Compensation Act 1961 or” is omitted.

2 In section 74 of the 1981 Act (short title, commencement and extent), after subsection (5) there is inserted—

“(5A) Sections 29 and 30 extend to Scotland only.”

Part II Other amendments

Harbours Act 1964 (c. 40)

3 In Schedule 3 to the Harbours Act 1964 (procedure for making harbour revision and empowerment orders), in paragraph 1 (interpretation), for paragraph (a) of the definition of “sensitive area” there is substituted—

“(a) land within a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);”.

Conservation of Seals Act 1970 (c. 30)

4 In section 10 of the Conservation of Seals Act 1970 (power to grant licences to kill or take seals), in subsection (4), for paragraph (b) there is substituted—

“(b) is a site of special scientific interest (within the meaning of the [1981 c. 69.] Wildlife and Countryside Act 1981); or”.

Highways Act 1980 (c. 66)

5 In section 105A of the Highways Act 1980 (environmental impact assessments), in subsection (6), for paragraph (a) there is substituted—

“(a) a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);”.

Channel Tunnel Act 1987 (c. 53)

6 In section 9 of the Channel Tunnel Act 1987 (planning permission), for subsection (7) there is substituted—

“(7) Section 28I of the Wildlife and Countryside Act 1981 (statutory undertakers: duty in relation to authorising operations) shall not apply in relation to any operation which is connected with the carrying out of any works authorised to be carried out by this Act and which is carried out within the limits of land to be acquired for any of those works, and neither shall the following—

(a) section 28E(1) (prohibition of operations on land forming part of a site of special scientific interest), in relation to an owner or occupier other than an authority to which section 28G of that Act applies;

(b) sections 28G(2) (general duty of statutory undertakers) and 28H (duty of statutory undertakers when carrying out operations), in relation to such an authority.”

Town and Country Planning Act 1990 (c. 8)

7 In section 87 of the Town and Country Planning Act 1990 (exclusion of certain descriptions of land or development from a simplified planning zone), in subsection (1), for paragraph (f) there is substituted—

“(f) land within a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981).”.

Environmental Protection Act 1990 (c. 43)

8 In section 36 of the Environmental Protection Act 1990 (grant of waste management licences), in subsection (7), for “land which has been notified under section 28(1) of the Wildlife and Countryside Act 1981 (protection for certain areas)” there is substituted “within a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981)”.

Water Industry Act 1991 (c. 56)

9 In section 156 of the Water Industry Act 1991 (restriction on disposals of land), in subsection (8), for paragraph (b) in the definition of “area of outstanding natural beauty or special scientific interest” there is substituted—

“(b) is a site of special scientific interest within the meaning of the Wildlife and Countryside Act 1981;”.

Environment Act 1995 (c. 25)

10 In Schedule 13 to the Environment Act 1995 (review of old mineral planning permissions), for paragraph 2(4)(b) there is substituted—

“(b) a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);”.

Channel Tunnel Rail Link Act 1996 (c. 61)

11 In Schedule 10 to the Channel Tunnel Rail Link Act 1996 (disapplication and modification of miscellaneous controls), for paragraph 6 and the heading preceding it there is substituted—

“Sites of special scientific interest

6 Section 28I of the [1981 c. 69.] Wildlife and Countryside Act 1981 (statutory undertakers: duty in relation to authorising operations) shall not apply to any operation carried out for the purposes of or in connection with the exercise of any of the powers conferred by this Part of this Act with respect to works, and neither shall the following—

(a) section 28E(1) (prohibition of operations on land forming part of a site of special scientific interest), in relation to an owner or occupier other than an authority to which section 28G of that Act applies;

(b) sections 28G(2) (general duty of statutory undertakers) and 28H (duty of statutory undertakers when carrying out operations), in relation to such an authority.”.