Search Legislation

Nature Conservation (Scotland) Act 2004

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 13

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Nature Conservation (Scotland) Act 2004, Section 13. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

13Operations by public bodies etc.S
This section has no associated Explanatory Notes

(1)A public body or office-holder must not carry out [F1, or cause or permit to be carried out on land owned or occupied by the public body or office-holder, ] any operation which is likely to damage any natural feature specified in an SSSI notification except—

(a)with the written consent of SNH given on an application under subsection (3),

(b)where subsection (1) of section 14 applies, or

(c)in accordance with subsection (2) of that section.

(2)Subsection (1) of this section applies whether or not the operation would take place on land within a site of special scientific interest.

(3)An application for SNH’s consent must specify—

(a)the nature of the operation,

(b)the proposed dates of commencement and completion, and

(c)the land on which it is proposed to carry out the operation.

(4)On an application under subsection (3) SNH may—

(a)give consent to the operation being carried out, whether or not subject to conditions, or

(b)refuse such consent.

(5)The conditions referred to in subsection (4)(a) may, in particular, provide—

(a)that, despite the terms of the application under subsection (3), the operation may be carried out—

(i)only in such manner as SNH may specify,

(ii)on part only of the land on which the public body or office-holder wishes to carry out the operation,

(b)that the operation may be carried out only for, or within, such period as SNH may specify.

(6)SNH must, in giving or refusing consent, provide the public body or office-holder with written advice in relation to the operation, including advice on minimising such damage as is referred to in subsection (1).

(7)SNH must give a public body or office-holder reasons for a decision under this section—

(a)to give consent subject to conditions,

(b)to refuse consent.

(8)SNH is, if it neither gives nor refuses consent within 28 days of the date of the application under subsection (3), to be treated as having refused consent.

Textual Amendments

Commencement Information

I1S. 13 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources