Natural Environment and Rural Communities Act 2006 (c. 16)

SCHEDULES

SCHEDULE 11 U.K. Minor and consequential amendments

Part 1 U.K. General

Valid from 01/10/2006

Wildlife and Countryside Act 1981 (c. 69) U.K.

70 U.K. In section 10 (exceptions to section 9), in subsection (5), for “Nature Conservancy Council” substitute “ conservation body ”.

71 U.K. In section 15 (endangered species (import and export)), in subsection (2), for “Nature Conservancy Councils” substitute “ GB conservation bodies ”.

72 (1) Amend section 16 (power to grant licences) as follows. U.K.

(2) In subsection (4), for “section 14” substitute “ sections 14 and 14ZA ”.

(3) In subsections (9)(a) and (c), (10)(b) and (11), for “Nature Conservancy Council” substitute “ conservation body ”.

(4) In subsection (10)(a)—

(a) for “Nature Conservancy Councils” substitute “ GB conservation bodies ”, and

(b) for “Council” substitute “ body ”.

(5) Sub-paragraph (2) extends to England and Wales (including their adjacent territorial waters) only.

73 (1) In section 21 (penalties, forfeitures, etc.), in subsections (4) and (6)(b), after “section 14” insert “ or 14ZA ”. U.K.

(2) This paragraph extends to England and Wales (including their adjacent territorial waters) only.

74 (1) Amend section 22 (power to vary Schedules) as follows. U.K.

(2) In subsection (3)—

(a) for “jointly to him by the Nature Conservancy Councils” substitute “ to him by the GB conservation bodies acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act ”; and

(b) omit the words following paragraph (b).

(3) After subsection (3) insert—

“(3A) The 2006 Act means the Natural Environment and Rural Communities Act 2006.”

75 (1) Amend section 24 (functions of Nature Conservancy Council) as follows. U.K.

(2) In subsection (1)—

(a) for “Nature Conservancy Councils, acting jointly,” substitute “ GB conservation bodies, acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act ”, and

(b) omit the words following paragraph (b).

(3) After subsection (1) insert—

“(1A) The 2006 Act means the Natural Environment and Rural Communities Act 2006.”

(4) In subsection (4), for “Nature Conservancy Councils” substitute “ GB conservation bodies ”.

(5) For the heading substitute “ Functions of GB conservation bodies ”.

76 (1) Amend section 27 (interpretation of Part 1) as follows. U.K.

(2) In subsection (1), in paragraph (c) of the definition of “authorised person”, for “Nature Conservancy Councils” substitute “ GB conservation bodies ”.

(3) In that subsection, after the definition of “poultry”, insert—

““premises” includes land (including buildings), movable structures, vehicles, vessels, aircraft and other means of transport;”.

(4) For subsection (3A) substitute—

“(3A) In this Part “the GB conservation bodies” means—

(a) Natural England,

(b) the Countryside Council for Wales, and

(c) Scottish Natural Heritage,

and references to a conservation body are to be read accordingly.”

(5) Sub-paragraph (3) extends to England and Wales (including their adjacent territorial waters) only.

77 U.K. Omit section 27A (construction of references to Nature Conservancy Council) and the heading preceding it.

78 U.K. Before section 28 insert—

“Sites of special scientific interest and limestone pavements U.K.

27AA Application of sections 28 to 34 in Wales

In relation to land in Wales, sections 28 to 34 (which relate to sites of special scientific interest and limestone pavements) have effect as if references to Natural England were references to the Countryside Council for Wales.”

79 U.K. In sections 28 to 32 (which relate to sites of special scientific interest), for “the Nature Conservancy Council” and “the Council” (or “the Council's”) substitute “ Natural England ” (or “ Natural England's ”).

80 U.K. In section 28E (duties in relation to sites of special scientific interest), in subsection (3)(b), for “or section 15 of the 1968 Act” substitute “ , section 15 of the 1968 Act or section 7 of the Natural Environment and Rural Communities Act 2006 ”.

81 (1) Amend section 28G (statutory undertakers, etc.: general duty) as follows. U.K.

(2) In subsection (3)(e), omit “(meaning the persons referred to in section 262(1), (3) and (6) of the Town and Country Planning Act 1990)”.

(3) After subsection (3) insert—

“(4) “Statutory undertaker” means a person who is or is deemed to be a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990.”

82 U.K. In section 33 (ministerial guidance as respects areas of special scientific interest), in subsection (1), for “Nature Conservancy Councils” substitute “ Natural England ”.

83 (1) Amend section 34 (limestone pavement orders) as follows. U.K.

(2) For subsection (1) substitute—

“(1) Natural England must notify any local planning authority of any limestone pavement in that authority's area.”

(3) In subsection (3), for “the Council and the Agency” substitute “ Natural England ”.

(4) In subsection (5), omit from “or Part” to the end.

(5) In subsection (6), omit—

(a) the definition of “the Agency”, and

(b) paragraph (b) of the definition of “the relevant authority”.

84 U.K. Before section 35 insert—

“Nature reserves, marine nature reserves and Ramsar sites U.K.

34A Meaning of “appropriate conservation body”

In the following provisions of this Part “the appropriate conservation body” means—

(a) in relation to England, Natural England;

(b) in relation to Wales, the Countryside Council for Wales;

(c) in relation to Scotland, Scottish Natural Heritage.”

85 U.K. In sections 35 to 37, for “the Nature Conservancy Council” and “the Council” substitute “ the appropriate conservation body ”.

86 U.K. In section 37A (Ramsar sites—wetlands of international importance), in subsections (1)(a) and (3) for “English Nature” substitute “ Natural England ”.

87 U.K. In section 39 (management agreements with owners and occupiers of land), omit subsection (5)(d).

88 (1) Amend section 41 (duties of agriculture Ministers with respect to the countryside) as follows. U.K.

(2) In subsection (3), omit the words after paragraph (b).

(3) In subsection (5), for the definitions of “management agreement” and “the relevant authority” substitute—

““management agreement” means—

(a) in relation to England, an agreement under section 39 or under section 7 of the Natural Environment and Rural Communities Act 2006, and

(b) in relation to Wales, an agreement under section 39;

“the relevant authority” has the same meaning as in section 39 except that in relation to England it also includes Natural England.”

(4) Omit subsection (6).

89 U.K. Before section 42 insert—

“41A Application of sections 42 to 45 in Wales

In relation to land in Wales, sections 42 to 45 (which relate to National Parks) have effect as if references to Natural England were references to the Countryside Council for Wales.”

90 (1) Amend section 43 (maps of National Parks showing certain areas of moor or heath) as follows. U.K.

(2) In subsection (1B) —

(a) for “The Countryside Agency and the Countryside Council for Wales shall each” substitute “ Natural England shall ”, and

(b) for “the Agency and the Council may each” substitute “ Natural England may ”.

(3) In subsection (1C), for “the Agency or, as the case may be, the Council” substitute “ Natural England ”.

91 (1) Amend section 45 (power to vary orders designating National Park) as follows. U.K.

(2) In subsection (1)—

(a) for “the Countryside Agency” (in both places) substitute “ Natural England ”, and

(b) omit “in England”.

(3) Omit subsection (2).

92 (1) Amend section 47 (provisions with respect to the Countryside Agency) as follows. U.K.

(2) Omit subsection (1).

(3) In subsection (2), omit “to the Countryside Agency or”.

(4) For the heading substitute “ Grants to the Countryside Council for Wales ”.

93 U.K. In section 49 (extension of power to appoint wardens)—

(a) in subsection (1) for “the Countryside Agency”, and

(b) in subsection (4) for “Countryside Agency” and “the Countryside Agency”,

substitute “ Natural England ”.

94 (1) Amend section 50 (payments under certain agreements offered by authorities) as follows. U.K.

(2) In subsection (1), in paragraph (a), for “the Nature Conservancy Council offer to enter into an agreement under” substitute “ Natural England or the Countryside Council for Wales offer to enter into a nature reserve agreement or an SSSI agreement or an agreement under ”.

(3) In subsection (3), omit “(or, in Scotland, an arbiter)” and “(or, in Scotland, the arbiter's)”.

(4) In subsection (4), at the end insert—

““nature reserve agreement” has the same meaning as in Part 3 of the 1949 Act;

“SSSI agreement” has the same meaning as in section 15A of the 1968 Act.”

95 (1) Amend section 51 (powers of entry) as follows. U.K.

(2) In subsection (1)—

(a) in paragraph (c), after “enter into”, and

(b) in paragraph (h), after “terms of” in the first place where it occurs,

insert “ a nature reserve agreement or an SSSI agreement or ”.

(3) In subsection (2)(a), for “the Nature Conservancy Council” substitute “ Natural England or the Countryside Council for Wales ”.

(4) After subsection (2) insert—

“(2A) In subsection (1)—

• “nature reserve agreement” has the same meaning as in Part 3 of the 1949 Act;

• “SSSI agreement” has the same meaning as in section 15A of the 1968 Act.”

96 U.K. In section 52 (interpretation of Part 2), in subsection (1), omit the definition of “the Nature Conservancy Councils” and the words concerning the construction of references to “the Nature Conservancy Council”.

97 (1) Amend section 71 (general interpretation) as follows. E+W

(2) Re-number the existing provision subsection (1).

(3) After that subsection insert—

“(2) For the avoidance of doubt it is hereby declared that in this Act “plants” include fungi and algae.”

(4) This paragraph extends only to England and Wales and to the territorial waters adjacent to England and Wales.

98 U.K. Omit Schedule 13 (provisions with respect to the Countryside Agency).