Nature Conservation (Scotland) Act 2004 (asp 6)

Part 2 S Conservation and enhancement of natural features

Chapter 2 S Nature conservation orders

Modifications etc. (not altering text)

C1 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)) (as amended (6.4.2011) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2011 (S.S.I. 2011/155), regs. 1(1), 5 and (31.1.2020) by The Conservation (Natural Habitats, c.) (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/113), regs. 1, 14(2); 2020 c. 1, Sch. 5 para. 1(1))

27 Offences in relation to nature conservation orders S

(1) Any person who carries out, or causes or permits to be carried out, a prohibited operation on any land to which a nature conservation order relates is guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding £40,000,

(b) on conviction on indictment, to a fine.

(2) It is not a defence in proceedings for an offence under subsection (1) that the carrying out of the prohibited operation did not damage any natural feature of the land to which the nature conservation order relates.

Commencement Information

I1 S. 27 in force at 29.11.2004 by S.S.I. 2004/495, art. 2