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F1S. 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
X1S. 27A and preceding heading repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 77, Sch. 12; S.I. 2006/2541, art. 2 and new s.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
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 27A and preceding heading repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 77, Sch. 12; S.I. 2006/2541, art. 2
In relation to land in Wales, sections 28 to 34 (which relate to sites of special scientific interest and limestone pavements) have effect as if references to Natural England were references to the Countryside Council for Wales.]
F1S. 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
(1)Where [F2Natural England] 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 F2Natural England 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)F2Natural England shall also publish a notification of that fact in at least one local newspaper circulating in the area in which the land is situated.
(3)A notification under subsection (1) shall specify the time (not being less than three months from the date of the giving of the notification) within which, and the manner in which, representations or objections with respect to it may be made; and F2Natural England shall consider any representation or objection duly made.
(4)A notification under subsection (1)(b) shall also 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 F2Natural England to be likely to damage that flora or fauna or those features,
and shall contain a statement of [F3Natural England's] views about the management of the land (including any views F2Natural England may have about the conservation and enhancement of that flora or fauna or those features).
(5)Where a notification under subsection (1) has been given, F2Natural England may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either—
(a)give notice to the persons mentioned in subsection (1) withdrawing the notification; or
(b)give notice to those persons confirming the notification (with or without modifications).
(6)A notification shall cease to have effect—
(a)on the giving of notice of its withdrawal under subsection (5)(a) to any of the persons mentioned in subsection (1); or
(b)if not withdrawn or confirmed by notice under subsection (5) within the period of nine months referred to there, at the end of that period.
(7)[F3Natural England's power under subsection (5)(b) to confirm a notification under subsection (1) with modifications shall not be exercised so as to add to the operations specified in the notification or extend the area to which it applies.
(8)As from the time when there is served on the owner or occupier of any land which has been notified under subsection (1)(b) a notice under subsection (5)(b) confirming the notification with modifications, the notification shall have effect in its modified form in relation to so much (if any) of that land as remains subject to it.
(9)A notification under subsection (1)(b) of land in England and Wales shall be a local land charge.
(10)For the purposes of this section and sections 28A to 28D, “local planning authority”, in relation to land within the Broads, includes the Broads Authority.]
F1Ss. 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)
F2Words in s. 28 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
F3Words in s. 28 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
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 28 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2) (S.S.I. 2004/495), art. 2
E1This version of this provision extends to Scotland only; a separate version has been created for England and Wales
(1)At any time after notice has been given under section 28(5)(b) confirming a notification (with or without modifications), [F2Natural England] may by notice vary the matters specified or stated in the confirmed notification (whether by adding to them, changing them, or removing matter from them).
(2)The area of land cannot be varied under this section.
(3)F2Natural England shall give notice setting out the variation to—
(a)the local planning authority in whose area the land is situated,
(b)every owner and occupier of any of the land who in the opinion of the Council may be affected by the variation, and
(c)the Secretary of State,
and after service of a notice under paragraph (b) the notification under section 28(1)(b) shall have effect in its varied form.
(4)Section 28(3) shall apply to such a notice as it applies to a notification under section 28(1).
(5)Where a notice under subsection (3) has been given, [F2Natural England may within the period of nine months beginning with the date the last of the owners and occupiers referred to in subsection (3)(b) was served with the notice either—
(a)give notice to the persons mentioned in subsection (3) withdrawing the notice; or
(b)give notice to them confirming the notice (with or without modifications).
(6)A notice under subsection (3) shall cease to have effect—
(a)on the giving of notice of its withdrawal under subsection (5)(a) to any of the persons mentioned in subsection (3); or
(b)if not withdrawn or confirmed by notice under subsection (5) within the period of nine months referred to in that subsection, at the end of that period.
(7)As from the time when there is served on the owner or occupier of any land a notice under subsection (5)(b) confirming a notice of variation with modifications, the notification under section 28(1)(b) shall have effect as so varied.
(8)A local land charge existing by virtue of section 28(9) shall be varied in accordance with a notice under subsection (3) or (5)(b).]
F1Ss. 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)
F2Words in s. 28A 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
(1)Where [F2Natural England] are of the opinion that if land adjacent to a site of special scientific interest (“the extra land”) were combined with the site of special scientific interest (“the SSSI”), the combined area of land would be of special interest by reason of any of its flora, fauna, or geological or physiographical features, F2Natural England may decide to notify that fact.
(2)If they do so decide, the persons whom they must notify are—
(a)the local planning authority in whose area the extra land is situated;
(b)every owner and occupier of any of that extra land; and
(c)the Secretary of State.
(3)No such notification may be given until after notice has been given under section 28(5)(b) confirming (with or without modifications) the notification under section 28(1) relating to the SSSI.
(4)Subsections (2) and (3) of section 28 shall apply for the purposes of this section as they apply for the purposes of that section.
(5)A notification under subsection (2)(b) shall also specify—
(a)the area of land constituting the SSSI;
(b)what (as at the date of the notification under subsection (2)(b)) is specified or contained in the notification under section 28(1)(b) relating to the SSSI by virtue of section 28(4); and
(c)the reasons why [F2Natural England is of the opinion referred to in subsection (1).
(6)In addition, the notification under subsection (2)(b) shall include a statement—
(a)saying whether or not anything among the matters specified in the notification by virtue of subsection (5)(c) is particularly relevant to the extra land; and
(b)if any such thing is of particular relevance, specifying which.
(7)Subsections (5) to (7) of section 28 apply in relation to a notification under subsection (2) of this section as they apply in relation to a notification under subsection (1) of that section, as if references to “subsection (1)” in section 28(5) to (7) were references to subsection (2) of this section.
(8)As from the time when a notification under subsection (2)(b) is served on the owner or occupier of any land, the notification under section 28(1)(b) shall have effect as if it included the notification under subsection (2)(b).
(9)As from the time when there is served on the owner or occupier of any land which has been notified under subsection (2)(b) a notice under section 28(5)(b) (as applied by subsection (7) of this section) confirming the notification under subsection (2)(b) with modifications, the notification under section 28(1)(b) (as extended by virtue of subsection (8) of this section) shall have effect in its modified form.
(10)A local land charge existing by virtue of section 28(9) shall be varied in accordance with a notification under subsection (2) or under section 28(5)(b) as applied by subsection (7) of this section.]
F1Ss. 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)
F2Words in s. 28B 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
(1)Where [F2Natural England] are of the opinion that any area of land which includes, but also extends beyond, a site of special scientific interest (“the SSSI”) is of special interest by reason of any of its flora, fauna, or geological or physiographical features, [F2Natural England may decide to notify that fact.
(2)If they do so decide, the persons whom they must notify are—
(a)the local planning authority in whose area the land (including the SSSI) is situated;
(b)every owner and occupier of any of that land (including the SSSI); and
(c)the Secretary of State.
(3)Subsections (2) to (8) of section 28 apply to a notification under subsection (2) of this section as they apply to a notification under subsection (1) of that section, as if references to “subsection (1)” and “subsection (1)(b)” in section 28(2) to (8) were references to subsection (2) and subsection (2)(b) of this section respectively.
(4)No notification may be given under subsection (2) until after notice has been given under section 28(5)(b) (or section 28(5)(b) as applied by subsection (3)) confirming (with or without modifications) the notification under section 28(1) (or subsection (2)) relating to the SSSI.
(5)As from the time when a notification under subsection (2) is served on the owner or occupier of any land included in the SSSI, the notification in relation to that land which had effect immediately before the service of the notification under subsection (2) shall cease to have effect.
(6)A notification under subsection (2)(b) of land in England and Wales shall be a local land charge; and, to the extent that any such land was the subject of a local land charge by virtue of section 28(9), that local land charge shall be discharged.
(7)A notice under section 28E(1)(a) and a consent under section 28E(3)(a) given before a notification under subsection (2)(b) continue to have effect.
(8)The enlargement of a site of special scientific interest under this section does not affect anything done under section 28J to 28L.
(9)Any reference to—
(a)a notification under section 28(1) (or any of its paragraphs) shall be construed as including the corresponding notification under subsection (2);
(b)a notification under section 28(5)(b) shall be construed as including a notification under that provision as applied by subsection (3); and
(c)a local land charge existing by virtue of section 28(9) shall be treated as including one existing by virtue of subsection (6).]
F1Ss. 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)
F2Words in s. 28C 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
(1)Where [F2Natural England] are of the opinion that all or part of a site of special scientific interest is [F3not] of special interest by reason of any of the matters mentioned in section 28(1), they may decide to notify that fact.
(2)If they do so decide, the persons whom they must notify are—
(a)the local planning authority in whose area the land which F2Natural England no longer consider to be of special interest is situated;
(b)every owner and occupier of any of that land;
(c)the Secretary of State;
(d)the Environment Agency; and
(e)every relevant undertaker (within the meaning of section 4(1) of the M1Water Industry Act 1991) and every internal drainage board (within the meaning of section 61C(1) of the M2Land Drainage Act 1991) whose works, operations or activities may affect the land.
(3)F2Natural England shall also publish a notification of that fact in at least one local newspaper circulating in the area in which the land referred to in subsection (2)(a) is situated.
(4)Section 28(3) shall apply to a notification under subsection (2) or (3) as it applies to a notification under section 28(1).
(5)Where a notification under subsection (2) has been given, [F2Natural England may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either—
(a)give notice to the persons mentioned in subsection (2) withdrawing the notification, or
(b)give notice to those persons confirming the notification, or confirming it in relation to an area of land specified in the notice which is smaller than that specified in the notification under subsection (2),
but if they do neither the notification shall cease to have effect.
(6)A notification under subsection (2) shall have effect in relation to any land as from the time a notice under subsection (5)(b) is served on its owner or occupier, and from that time a notification under section 28(1)(b) in relation to that land shall cease to have effect.
(7)A local land charge existing by virtue of section 28(9) shall be discharged in relation to land which is the subject of a notice under subsection (5)(b).]
F1Ss. 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)
F2Words in s. 28D 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
F3Words in s. 28D substituted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 56, 107; S.I. 2006/1382, art. 2
M11991 c. 56.
M21991 c. 59.
(1)The owner or occupier of any land included in a site of special scientific interest shall not while the notification under section 28(1)(b) remains in force 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 service of the notification, given [F2Natural England] 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 (3) is fulfilled.
(2)Subsection (1) does not apply to an owner or occupier being an authority to which section 28G applies acting in the exercise of its functions.
(3)The conditions are—
(a)that the operation is carried out with [F3Natural England'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 [F4, section 15 of the 1968 Act or section 7 of the Natural Environment and Rural Communities Act 2006] ;
(c)that the operation is carried out in accordance with a management scheme under section 28J or a management notice under section 28K.
(4)A consent under subsection (3)(a) may be given—
(a)subject to conditions, and
(b)for a limited period,
as specified in the consent.
(5)If F2Natural England do not consent, they shall give notice saying so to the person who gave the notice under subsection (1).
(6)F2Natural England may, by notice given to every owner and occupier of any of the land included in the site of special scientific interest, or the part of it to which the consent relates—
(a)withdraw the consent; or
(b)modify it (or further modify it) in any way.
(7)The following—
(a)a consent under subsection (3)(a) granting consent subject to conditions or for a limited period, and
(b)a notice under subsection (5) or (6),
must include a notice of F3Natural England's reasons for imposing the conditions, for the limitation of the period, for refusing consent, or for withdrawing or modifying the consent, and also a notice of the matters set out in subsection (8).
(8)The matters referred to in subsection (7) are—
(a)the rights of appeal under section 28F;
(b)the effect of subsection (9); and
(c)in the case of a notice under subsection (6), the effect of section 28M.
(9)A withdrawal or modification of a consent is not to take effect until—
(a)the expiry of the period for appealing against it; or
(b)if an appeal is brought, its withdrawal or final determination.
(10)[F2Natural England shall have power to enforce the provisions of this section.]
F1Ss. 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)
F2Words in s. 28E 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
F3Words in s. 28E 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
F4Words in s. 28E(3)(b) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 80; S.I. 2006/2541, art.2
C1S. 28E(1) excluded (30.1.2001) by 1987 c. 53, s. 9(7)(a) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 6)
S. 28E(1) excluded (30.1.2001) by 1996 c. 61, s. 38, Sch. 10 para. 6(a) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 11)
Wildlife and Countryside Act 1981