Part 2

Conservation and enhancement of natural features
Chapter 2

Nature conservation orders

Nature conservation orders
23
1
Where the Scottish Ministers consider that, for either or both of the purposes specified in subsection (2), the carrying out of an operation on land of a description specified in subsection (3) should be wholly or partly prohibited, they may make an order (a “nature conservation order”)—
a
specifying the operation,
b
specifying the circumstances (if any) in which the carrying out of the operation is not prohibited, and
c
prohibiting any person from carrying it out on such land other than in those circumstances.
2
The purposes referred to in subsection (1) are—
a
the conservation of any natural feature by reason of which land (whether or not the land in question) is a site of special scientific interest or, as the case may be, is otherwise considered by the Scottish Ministers to be of special interest,
b
compliance with an international obligation.
3
The land referred to in subsection (1) is—
a
land which is, or forms part of, a site of special scientific interest,
b
land which is not, or does not form part of, a site of special scientific interest but is, in the opinion of the Scottish Ministers, of special interest by reason of any of its natural features,
c
land which is contiguous to, or which the Scottish Ministers consider to be otherwise associated with, land of the type described in paragraph (a) or (b), or
d
any combination of land of the types described in paragraphs (a) to (c).
4
The circumstances which may be specified in a nature conservation order by virtue of subsection (1)(b) include, for example, the carrying out of an operation—
a
at a particular time,
b
in a particular manner, or
c
in accordance with particular conditions.
5
Each operation specified in a nature conservation order is, so far as prohibited by the order in relation to the land to which the order relates, referred to in this Act as a “prohibited operation”.
6
A nature conservation order has effect on being made.
7
A nature conservation order ceases to have effect—
a
on the date on which a decision not to confirm it is made under paragraph 5 of schedule 2,
b
if no decision is made under that paragraph within the period mentioned in sub-paragraph (a) of that paragraph or that period as extended under paragraph 12 of that schedule, at the end of that period, or
c
on the date on which an order under section 24(1) revoking it is made.
Pt. 2 Ch. 2 applied (with modifications) by S.I. 1994/2716, regs. 19, 20 (as substituted (29.11.2004) by Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20-21))
S. 23 in force at 29.11.2004 by S.S.I. 2004/495, art. 2