Part 2Conservation and enhancement of natural features
Chapter 1Sites of special scientific interest
Operations affecting sites of special scientific interest
13Operations by public bodies etc.
1
A public body or office-holder must not carry out 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.