Nature Conservation (Scotland) Act 2004

9 Denotification of sites of special scientific interest S

(1) SNH may, where it considers that all or any part of a site of special scientific interest is no longer of special interest by reason of the natural feature specified in the SSSI notification, give notification to the persons set out in subsection (2) of its intention to revoke the SSSI notification or, as the case may be, modify it so as to disapply its effect to the part of the site in question.

(2) Those persons are the interested parties in relation to the site or, as the case may be, the part of the site in question.

(3) In determining for the purposes of subsection (1) whether all or any part of a site of special scientific interest is no longer of special interest, SNH must have regard to—

(a) the extent to which the SSSI notification continues to contribute towards the development of a series of sites of special scientific interest in Scotland representative of the diversity and geographic range of—

(i) Scotland’s natural features,

(ii) the natural features of Great Britain,

(iii) the natural features of the member States, and

(b) any guidance issued or approved under subsection (1) of section 54 so far as containing information of the description referred to in subsection (2)(a) of that section.

(4) A notification under subsection (1) must be accompanied by—

(a) a document which—

(i) describes the site of special scientific interest or, as the case may be, the part in question, and

(ii) explains why SNH considers the site of special scientific interest or part no longer to be of special interest by reason of the natural feature specified in the SSSI notification, and

(b) a map on which the site of special scientific interest or part is delineated.

[F1 (5) This subsection applies where—

(a) a public body or office-holder (after consulting SNH in accordance with any enactment) permits the carrying out of an operation,

(b) the carrying out of the operation in pursuance of that permission damages a natural feature specified in an SSSI notification,

(c) SNH, because of that damage, gives notification under subsection (1) of its intention to revoke or modify the SSSI notification, and

(d) the explanation given by virtue of subsection (4)(a)(ii) in the document accompanying the notification under subsection (1)—

(i) states that SNH considers that all or part of the site of special scientific interest is no longer of special interest by reason of the damage caused by the carrying out of the permitted operation, and

(ii) explains the effect of subsection (6)(b).

(6) Where subsection (5) applies—

(a) section 11, and paragraphs 3 to 15 of schedule 1, do not apply in relation to the notification under subsection (1), and

(b) the relevant SSSI notification is revoked or, as the case may be, modified when the notification is given under subsection (1). ]

Textual Amendments

F1 S. 9(5)(6) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 38, 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(o)

Commencement Information

I1 S. 9 in force at 29.11.2004 by S.S.I. 2004/495, art. 2