Wildlife and Countryside Act 1981

28 Areas of special scientific interest

(1) Where the Nature Conservancy Council are of the opinion that any area of land is of special interest by reason of any of its flora, fauna, or geological or physiographical features, it shall be the duty of the Council to notify that fact—

(a) to the local planning authority in whose area the land is situated;

(b) to every owner and occupier of any of that land ; and

(c) to the Secretary of State.

(2) Before giving a notification under subsection (1), the Council shall give notice to the persons mentioned in that subsection—

(a) setting out the proposed notification ; and

(b) specifying the time (not being less than three months from the date of the giving of the notice) within which and the manner in which, representations or objections with respect thereto may be made,

and shall consider any representation or objections duly made.

(3) If, after reasonable inquiry has been made, the Council are satisfied that it is not practicable to ascertain the name or address of an owner or occupier of any land a notification or notice required to be served on him may be served by addressing it to him by the description " owner " or " occupier " of the land (describing it) and by affixing it to some conspicuous object or objects on the land.

(4) A notification under subsection (1)(b) shall specify—

(a) the flora, fauna, or geological or physiographical features by reason of which the land is of special interest; and

(b) any operations appearing to the Council to be likely to damage that flora or fauna or those features.

(5) The owner or occupier of any land which has been notified under subsection (1)(b) shall not carry out, or cause or permit to be carried out, on that land any operation specified in the notification unless;—

(a) one of them has, after the commencement date, given the Council written notice of a proposal to carry out the operation specifying its nature and the land on which it is proposed to carry it out; and

(b) one of the conditions specified in subsection (6) is fulfilled.

(6) The said conditions are—

(a) that the operation is carried out with the Council's written consent;

(b) that the operation is carried out in accordance with the terms of an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act; and

(c) that three months have expired from; the giving of the notice under subsection (5).

(7) A person who, without reasonable excuse, contravenes subsection (5) shall be liable on summary conviction to a fine not exceeding £500.

(8) It is a reasonable excuse in any event for a person to carry out an operation if—

(a) the operation was authorised by a planning permission granted on an application under Part III of the [1971 c. 78.] Town and Country Planning Act 1971 or Part III of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 ; or

(b) the operation was an emergency operation particulars of which (including details of the emergency) were notified to the Council as soon as practicable after the commencement of the operation.

(9) The Council shall have power to enforce the provisions of this section ; but nothing in this subsection shall be construed as authorising the Council to institute proceedings in Scotland for an offence.

(10) Proceedings in England and Wales for an offence under subsection (7) shall not, without the consent of the Director of Public Prosecutions, be taken by a person other than the Council.

(11) ) A notification under subsection (1)(b) of land in England and Wales shall be a local land charge.

(12) A notification under subsection (1)(b) of land in Scotland shall be registered either—

(a) in a case where the land is registered in that Register, in the Land Register of Scotland ; or

(b) in any other case, in the appropriate Division of the General Register of Sasines.

(13) Section 23 of the 1949 Act (which is superseded by this section) shall cease to have effect; but any notification given under that section shall have effect as if given under subsection U)(a).

(14) Subsection (2) shall not apply in relation to a notification of any land under subsection (1)(b) where a notification of that land under the said section 23 has effect as if given under subsection (1)(a).