The Conservation (Natural Habitats, &c.) Regulations 1994

Powers of compulsory acquisition

Powers of compulsory acquisition

32.—(1) Where the appropriate nature conservation body are satisfied–

(a) that they are unable, as respects any interest in land within a European site, to conclude a management agreement on terms appearing to them to be reasonable, or

(b) where they have entered into a management agreement as respects such an interest, that a breach of the agreement has occurred which prevents or impairs the satisfactory management of the European site,

they may acquire that interest compulsorily.

(2) Such a breach as is mentioned in paragraph (1)(b) shall not be treated as having occurred by virtue of any act or omission capable of remedy unless there has been default in remedying it within a reasonable time after notice given by the appropriate nature conservation body requiring the remedying thereof.

(3) Any dispute arising whether there has been such a breach of a management agreement shall be determined–

(a) in the case of land in England and Wales, by an arbitrator appointed by the Lord Chancellor;

(b) in the case of land in Scotland, by an arbiter appointed by the Lord President of the Court of Session.