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There are outstanding changes not yet made by the legislation.gov.uk editorial team to Nature Conservation (Scotland) Act 2004. Those changes will be listed when you open the content using the Table of Contents below. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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Part 2 Conservation and enhancement of natural features
Chapter 1 Sites of special scientific interest
Exercise of functions in relation to sites of special scientific interest
Chapter 4 General and supplementary
Notifications relating to sites of special scientific interest: procedure
1.This schedule applies to notifications given under sections 3(1), 5(1)...
2.SNH must give notice describing the general effect of a...
3.A notification to which this schedule applies and the related...
8.Paragraph 7(a) does not prevent SNH from amending an SSSI...
9.Where— (a) SNH has received a representation made within the...
12.Extension of period during which notification is to be confirmed or withdrawn
13.The period mentioned in paragraph 4(a) may not be extended...
14.Agreement is obtained for the purposes of paragraph 12(b) if...
15.Where SNH extends or further extends the period mentioned in...
Nature conservation orders and related orders: procedure
1.This schedule applies to nature conservation orders, amending orders and...
2.Before making an order to which this schedule applies the...
5.Confirmation of nature conservation orders and amending orders
6.The Scottish Ministers may confirm the order with or without...
8.The Scottish Ministers must, as soon as practicable after making...
9.An order which is confirmed with modifications has effect, from...
13.Agreement is obtained for the purposes of paragraph 12 if...
14.Where the Scottish Ministers extend or further extend the period...
Land management orders and related orders: procedure
2.SNH must also arrange for notification of the proposal to...
5.The Scottish Ministers may, on the application of any person...
7.Paragraph 6 does not authorise the Scottish Ministers to require...
8.Any person who— (a) refuses or fails, without reasonable excuse,...
10.SNH may, at any time before the Scottish Ministers decide...
12.The Scottish Ministers must also give notice of their decision...
13.Such a notice must specify— (a) the Scottish Ministers' reasons...
14.A land management order, and any order under section 32(3)...
Powers of entry of authorised persons: further provision
Part 2: transitional arrangements
3.Where this paragraph applies in relation to an existing notification—...
4.SNH must, as soon as practicable after paragraph 3 first...
5.SNH may, despite subsection (2) of section 6, carry out...
7.Where paragraph 3 does not, by virtue of paragraph 2(b),...
10.SNH may revoke a 1949 Act notification by giving notice...
13.Any notification, plan or notice which, immediately before the relevant...
3.In section 2 (exceptions to offences against wild birds etc.)—...
5.(1) Section 4 (exceptions to offences against wild birds etc.)...
6.In section 5 (prohibition of certain methods of killing or...
7.In section 7(3) (prohibition on possessing certain birds)—
9.In section 10 (exceptions to offences against wild animals)—
10.(1) Section 11 (prohibition of certain methods of killing or...
11.(1) Section 13 (protection of wild plants) is amended as...
13.After section 14 insert— Prohibition on sale etc. of certain...
17.After section 19ZB (inserted, as respects England and Wales, by...
18.In section 20(2) (summary prosecutions)— (a) for “two” substitute “...
19.In section 21 (penalties etc.)— (a) in subsection (1), for...
22.After section 26 insert— Enforcement of wildlife legislation Regulations under section 2(2) of the European Communities Act 1972...
23.(1) Section 27 (interpretation of Part I) is amended as...
24.Before Schedule 1 insert— Schedule A1 Protected nests and nest...
25.After Schedule 1 insert— Schedule 1A Birds which are protected...
Minor and consequential amendments and repeals
5.In section 22(1)(b) (traffic regulation for special areas in the...
6.Section 9(7) of the Channel Tunnel Act 1987 is repealed....
7.In section 36(7) (requirement to consult SNH before issuing waste...
8.Sections 6 (Natural Heritage Areas) and 12 (Advisory Committee on...
9.In section 1(7) (determination by Court of Session of point...
11.In schedule 3 (penalties for offences relating to deer) to...
13.In section 54 (protection of natural heritage) of the Water...
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