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Wildlife and Countryside Act 1981

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41 Duties of agriculture Ministers with respect to the countryside.E+W+S

F1[F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In the exercise of his general duty under section 4(2) of the M1Small Landholders (Scotland) Act 1911 of promoting the interests of agriculture and other rural industries, and without prejudice to the generality of that duty, the Secretary of State shall make provision, through such organisation as he considers appropriate, for the giving of

[F3(a)advice to persons carrying on agricultural businesses on the conservation and enhancement of the natural beauty and amenity of the countryside;

(b)advice to such persons on diversification into other enterprises of benefit to the rural economy; and

(c)advice to government departments and other bodies exercising statutory functions on the promotion and furtherance of such diversification as is mentioned in paragraph (b).]

(3)Where an application for [F4a farm capital grant] is made as respects expenditure incurred or to be incurred for the purposes of activities on land which is in a National Park [F5(including a National Park in Scotland)]or an area specified for the purposes of this subsection by the Ministers, the appropriate Minister—

(a)shall, so far as may be consistent with the purposes of the [F6the grant provisions], so exercise his functions thereunder as to further the conservation and enhancement of the natural beauty and amenity of the countryside and to promote its enjoyment by the public; and

(b)where the relevant authority have objected to the making of the grant on the ground that the activities in question have had or will have an adverse effect on the natural beauty or amenity of the countryside or its enjoyment by the public, shall not make the grant except after considering the objection and, in the case of land in England, after consulting with the Secretary of State;

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where, in consequence of an objection by the relevant authority, an application for a grant as respects expenditure to be incurred is refused on the ground that the activities in question will have such an effect as is mentioned in subsection (3)(b), the relevant authority shall, within three months of their receiving notice of the appropriate Minister’s decision, offer to enter into, in the terms of a draft submitted to the applicant, a management agreement—

(a)imposing restrictions as respects those activities; and

(b)providing for the making by them of payments to the applicant.

(5)In this section—

  • [F8agricultural business” has the same meaning as in section 29 of the Agriculture Act 1970;]

  • [F8the appropriate Minister”, “farm capital grant” and “grant provisions” have the same meanings as in section 32;]

  • [F9management agreement” means—

    (a)

    in relation to England, an agreement under section 39 or under section 7 of the Natural Environment and Rural Communities Act 2006, and

    (b)

    in relation to Wales, an agreement under section 39 [F10or under section 16 of the Environment (Wales) Act 2016];

  • the relevant authority” has the same meaning as in section 39 except that in relation to England it also includes Natural England [F11and in relation to Wales it also includes the Natural Resources Body for Wales].]

[F12(5A)For the purposes of this section the Broads shall be treated as a National Park [F13(and, as respects land within the Broads, any reference in this section to the relevant authority is accordingly a reference to the Broads Authority).].]

(6)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F3S. 41(2)(a)–(c) substituted for words by Agriculture Act 1986 (c. 49, SIF 2:1), s. 24(4), Sch. 3 para. 4

F5Words in s. 41(3) inserted (S.) (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 8(2) (with s. 32); S.S.I. 2000/312, art. 2

F9S. 41(5): definitions of “management agreement” and “the relevant authority” substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 88(3); S.I. 2006/2541, art. 2

F13Words in s. 41(5A) inserted (1.4.1997) by 1995 c. 25, s. 78, Sch. 10 para. 22(2) (with ss. 7(6), 115, Sch. 8 para. 7); S.I. 1996/2560, art. 2

Modifications etc. (not altering text)

C1S. 41 modified (E.W.) (19.9.1995) by 1995 c. 25, ss. 69(2)(a), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7

Marginal Citations

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