SCHEDULES

SCHEDULE 11 Transitional provisions and savings relating to sites of special scientific interest

Modification of operation of section 28E

11

1

A person to whom a stop notice is given may by notice appeal against it to the Secretary of State, but meanwhile it remains in effect.

2

Section 28F(3) to (11) shall apply in relation to such an appeal as they apply in relation to an appeal against a decision to withdraw a consent (see section 28F(1)(d)), but with the following modifications—

a

as if, in section 28F(3), for paragraphs (a) and (b) and the following words “or, in either case,” there were substituted “ within the period of two months beginning with the date of the stop notice, or ”; and

b

as if, for section 28F(5), there were substituted—

5

On determining the appeal, the Secretary of State may quash or affirm the stop notice; and if he affirms it, he may do so either in its original form or with the removal from it of such operations as he thinks fit, or in relation to such reduced area of land as he thinks fit.