Part II

Nature Conservation, Countryside and National Parks

Sites of special scientific interest and limestone pavements

Statutory undertakers, etc.: duty in relation to authorising operations.
28I
1
This section applies where the permission of a section 28G authority is needed before operations may be carried out.
2
Before permitting the carrying out of operations likely to damage any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest, a section 28G authority shall give notice of the proposed operations to
Natural England
.
3
Subsection (2) applies even if the operations would not take place on land included in a site of special scientific interest.
4
The authority shall wait until the expiry of the period of 28 days beginning with the date of the notice under subsection (2) before deciding whether to give its permission, unless
Natural England
have notified the authority that it need not wait until then.
5
The authority shall take any advice received from
Natural England
into account—
a
in deciding whether or not to permit the proposed operations, and
b
if it does decide to do so, in deciding what (if any) conditions are to be attached to the permission.
6
If
Natural England
advise against permitting the operations, or advise that certain conditions should be attached, but the section 28G authority does not follow that advice, the authority—
a
shall give notice of the permission, and of its terms, to
Natural England
, the notice to include a statement of how (if at all) the authority has taken account of the Council’s advice, and
b
shall not grant a permission which would allow the operations to start before the end of the period of 21 days beginning with the date of that notice.
7
In this section “
permission
”, in relation to any operations, includes authorisation, consent, and any other type of permission (and “
permit
” and “
permitting
” are to be construed accordingly).
Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)
S. 28I excluded (30.1.2001) by 1987 c. 53, s. 9(7) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 6)
S. 28I excluded (30.1.2001) by 1996 c. 61, s. 38, Sch. 10 para. 6 (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 11)
Words in s. 28I substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
S. 27A and preceding heading repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 77, Sch. 12; S.I. 2006/2541, art. 2 and new s. 27AA and preceding heading inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 78; S.I. 2006/2541, art. 2
S. 27AA and preceding heading inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 78; S.I. 2006/2541, art. 2