Environment Act 2021

130Discharge or modification of obligation by Upper TribunalE+W

This section has no associated Explanatory Notes

(1)Schedule 18 makes provision about the discharge or modification of an obligation under a conservation covenant on application to the Upper Tribunal.

(2)Where any proceedings by action or otherwise are taken to enforce an obligation under a conservation covenant, any person against whom the proceedings are taken may in such proceedings apply to the High Court or the county court for an order giving leave to apply to the Upper Tribunal under Schedule 18 and staying the proceedings in the meantime.

(3)No application under section 84(1) of the Law of Property Act 1925 (which enables the Upper Tribunal on application to discharge or modify a restriction arising under covenant or otherwise) may be made in relation to an obligation under a conservation covenant.

Commencement Information

I1S. 130 not in force at Royal Assent, see s. 147(3)

I2S. 130 in force at 30.9.2022 by S.I. 2022/48, reg. 5(a)