[F115A Compulsory purchase.E+W
[F2(1)Natural England or the [F3NRBW] may, in the circumstances set out in subsection (2), acquire compulsorily all or part of the land which it appears to that body expedient to acquire for the purpose of conserving flora, fauna, or geological or physiographical features of special interest.]
(2)The circumstances are—
(a)that [F4Natural England or (as the case may be) the] [F3NRBW] are satisfied that they are unable to conclude, on reasonable terms, [F5an SSSI agreement] , or
(b)that they have entered into [F6an SSSI agreement ] , but they are satisfied it has been breached in such a way that the flora, fauna or geological or physiographical features referred to there are not being conserved satisfactorily.
(3)A dispute about whether or not there has been a breach of the agreement for the purposes of subsection (2)(b) shall be determined by an arbitrator appointed by the Lord Chancellor.
(4)Where [F7Natural England or the] [F3NRBW] have acquired land compulsorily under this section, they may—
(a)themselves take steps to conserve the flora, fauna or geological or physiographical features in question, or
(b)dispose of the land on terms designed to secure that those flora, fauna or features are satisfactorily conserved.]
F8(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F9(6)In this section “SSSI agreement” means—
(a)in relation to Natural England, an agreement under section 7 of the 2006 Act imposing, for the purpose of conserving flora, fauna, or geological or physiographical features of special interest, restrictions on the exercise of rights over land by persons having an interest in the land, or
(b)in relation to the [F3NRBW], [F10an agreement under section 16 of the Environment (Wales) Act 2016 imposing, for the purpose of conserving flora, fauna, or geographical or physiographical features of special interest, restrictions on the exercise of rights over land by persons having an interest in the land] .]
Textual Amendments
F1S. 15A inserted (30.1.2001) by 2000 c. 37, ss. 75(4), 103(2)
F2S. 15A(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 49(2); S.I. 2006/2541, art. 2 (with Sch.)
F3Word in s. 15A substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 95 (with Sch. 7)
F4Words in s. 15A(2)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 49(3)(a)(i); S.I. 2006/2541, art. 2 (with Sch.)
F5Words in s. 15A(2)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 49(3)(a)(ii); S.I. 2006/2541, art. 2 (with Sch.)
F6Words in s. 15A(2)(b) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 49(3)(b); S.I. 2006/2541, art. 2 (with Sch.)
F7Words in s. 15A(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 49(4); S.I. 2006/2541, art. 2 (with Sch.)
F8S. 15A(5) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 49(5), Sch. 12; S.I. 2006/2541, art. 2 (with Sch.)
F9S. 15A(6) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 49(6); S.I. 2006/2541, art. 2 (with Sch.)
F10Words in s. 15A(6)(b) substituted (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 2(4)
Modifications etc. (not altering text)
C1S. 15A(2)(b) modified (1.10.2006) by Natural Environment and Rural Communities Act 2006 (Commencement No.3 and Transitional Provisions) Order 2006 (S.I. 2006/2541), art. 3(2), Sch. para. 2