Office of Public Sector Information
PART II continued
(1)The following persons—
(a)an owner or occupier who has been refused a consent under section 28E(3)(a),
(b)an owner or occupier who has been granted such a consent but who is aggrieved by conditions attached to it, or by the fact that it is for a limited period, or by the length of that period,
(c)an owner or occupier who is aggrieved by the modification of a consent;
(d)an owner or occupier who is aggrieved by the withdrawal of a consent,
may by notice appeal to the Secretary of State against the relevant decision.
(2)If [F2Natural England] neither give consent nor refuse it within the period of four months beginning with the date on which the notice referred to in section 28E(1)(a) was sent, the person who gave that notice may for the purposes of subsection (1) treat F2Natural England as having refused consent (and his appeal is to be determined on that basis).
(3)Notice of an appeal must reach the Secretary of State—
(a)except in a case falling within subsection (2), within the period of two months beginning with the date of the notice giving consent or the notice under section 28E(5) or (6), or
(b)in a case falling within subsection (2), within the period of two months beginning immediately after the expiry of the four-month period referred to there,
or, in either case, within such longer period as is agreed in writing between F2Natural England and the appellant.
(4)Before determining an appeal, the Secretary of State may, if he thinks fit—
(a)cause the appeal to take, or continue in, the form of a hearing (which may be held wholly or partly in private if the appellant so requests and the person hearing the appeal agrees), or
(b)cause a local inquiry to be held,
and he must act as mentioned in paragraph (a) or (b) if either party to the appeal asks to be heard in connection with the appeal.
(5)On determining an appeal against a decision, the Secretary of State may—
(a)affirm the decision,
(b)where the decision was a refusal of consent, direct [F2Natural England to give consent,
(c)where the decision was as to the terms of a consent (whether the original or a modified one), quash all or any of those terms,
(d)where the decision was a withdrawal or modification of consent, quash the decision,
and where he exercises any of the powers in paragraphs (b), (c) or (d) he may give directions to [F2Natural England as to the terms on which they are to give consent.
(6)The Secretary of State may by regulations made by statutory instrument make provision about appeals under this section, and in particular about—
(a)notices of appeal and supporting documentation required, and
(b)how appeals are to be brought and considered,
and any such regulations may make different provision for different cases and circumstances.
(7)A statutory instrument containing regulations under subsection (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(8)The Secretary of State may appoint any person to exercise on his behalf, with or without payment, his function of determining an appeal under this section or any matter involved in such an appeal.
(9)Schedule 10A shall have effect with respect to appointments under subsection (8).
(10)Subsections (2) to (5) of section 250 of the M1Local Government Act 1972 (local inquiries: evidence and costs) apply in relation to hearings or local inquiries under this section as they apply in relation to local inquiries under that section, but as if the reference there—
(a)to the person appointed to hold the inquiry were a reference to the Secretary of State or to the person appointed to conduct the hearing or hold the inquiry under this section; and
(b)to the Minister causing an inquiry to be held were to the Secretary of State.
(11)Section 322A of the M2Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or local inquiry under this section as it applies in relation to a hearing or local inquiry referred to in that 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. 28F 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
M11972 c. 70.
M21990 c. 8.
(1)An authority to which this section applies (referred to in this section and in sections 28H and 28I as “a section 28G authority”) shall have the duty set out in subsection (2) in exercising its functions so far as their exercise is likely to affect the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest.
(2)The duty is to take reasonable steps, consistent with the proper exercise of the authority’s functions, to further the conservation and enhancement of the flora, fauna or geological or physiographical features by reason of which the site is of special scientific interest.
(3)The following are section 28G authorities—
(a)a Minister of the Crown (within the meaning of the Ministers of the M1Crown Act 1975) or a Government department;
(b)the National Assembly for Wales;
(c)a local authority;
(d)a person holding an office—
(i)under the Crown,
(ii)created or continued in existence by a public general Act of Parliament, or
(iii)the remuneration in respect of which is paid out of money provided by Parliament;
(e)a statutory undertaker F2. . . ; and
(f)any other public body of any description.
[F3(4) “Statutory undertaker” means a person who is or is deemed to be a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990.]]]
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. 28G(3)(e) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 81(2), Sch. 12; S.I. 2006/2541, art.2
F3S. 28G(4) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 81(3); S.I. 2006/2541, art.2
C1S. 28G(2) excluded (30.1.2001) by 1987 c. 53, s. 9(7)(b) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 6)
S. 28G(2) excluded (30.1.2001) by 1996 c. 61, s. 38, Sch. 10 para. 6(b) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 11)
M11975 c. 26.
(1)A section 28G authority shall give notice to [F2Natural England] before carrying out, in the exercise of its functions, 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.
(2)Subsection (1) applies even if the operations would not take place on land included in a site of special scientific interest.
(3)In response to the notice referred to in subsection (1), F2Natural England may send a notice—
(a)saying that they do not assent to the proposed operations, or
(b)assenting to them (with or without conditions),
but if they do not send a notice under paragraph (b) within the period of 28 days beginning with the date of the notice under subsection (1) they shall be treated as having declined to assent.
(4)If F2Natural England do not assent, or if the authority proposes to carry out the operations otherwise than in accordance with the terms of the Council’s assent, the authority—
(a)shall not carry out the operations unless the condition set out in subsection (5) is satisfied, and
(b)shall comply with the requirements set out in subsection (6) when carrying them out.
(5)The condition is that the authority has, after the expiry of the period of 28 days beginning with the date of the notice under subsection (1), notified the Council of—
(a)the date on which it proposes to start the operations (which must be after the expiry of the period of 28 days beginning with the date of the notification under this paragraph), and
(b)how (if at all) it has taken account of any written advice it received from [F2Natural England , before the date of the notification under this paragraph, in response to the notice under subsection (1).
(6)The requirements are—
(a)that the authority carry out the operations in such a way as to give rise to as little damage as is reasonably practicable in all the circumstances to the flora, fauna or geological or physiographical features by reason of which the site is of special interest (taking account, in particular, of any such advice as is referred to in subsection (5)(b)); and
(b)that the authority restore the site to its former condition, so far as is reasonably practicable, if any such damage does occur.]
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. 28H 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)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 [F2Natural 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 F2Natural England have notified the authority that it need not wait until then.
(5)The authority shall take any advice received from F2Natural 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 F2Natural 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 [F2Natural 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).]
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. 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
C1S. 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)
(1)[F2Natural England] may formulate a management scheme for all or part of a site of special scientific interest.
(2)A management scheme is a scheme for—
(a)conserving the flora, fauna, or geological or physiographical features by reason of which the land (or the part of it to which the scheme relates) is of special interest; or
(b)restoring them; or
(c)both.
(3)F2Natural England shall serve notice of a proposed management scheme on every owner and occupier of any of the land (or the part of it to which the scheme would relate); but it may be served on them only after they have been consulted about the proposed management scheme.
(4)The notice may be served with the notification referred to in section 28(1)(b) or afterwards.
(5)The owners and occupiers upon whom the notice must be served (referred to in this section as “the relevant owners and occupiers”) are—
(a)if it is served with the notification under section 28(1)(b), or later but before the notification referred to in section 28(5)(b), the owners and occupiers referred to in section 28(1)(b);
(b)if it is served with the notification under section 28(5)(b) or later, the owners and occupiers of such of the land as remains subject to the notification.
(6)The notice of a proposed management scheme must include a copy of the proposed scheme.
(7)The notice must specify 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 to the proposed management scheme may be made; and F2Natural England shall consider any representation or objection duly made.
(8)Where a notice under subsection (3) has been given, F2Natural England may within the period of nine months beginning with the date on which the notice was served on the last of the relevant owners and occupiers either—
(a)give notice to the relevant owners and occupiers withdrawing the notice, or
(b)give notice to them confirming the management scheme (with or without modifications),
and if notice under paragraph (b) is given, the management scheme shall have effect from the time the notice is served on all of the relevant owners or occupiers.
(9)A notice under subsection (3) shall cease to have effect—
(a)on the giving of a notice of withdrawal under subsection (8)(a) to any of the relevant owners and occupiers; or
(b)if not withdrawn or confirmed by notice under subsection (8) within the period of nine months referred to there, at the end of that period.
(10)[F3Natural England's] power under subsection (8)(b) to confirm a management scheme with modifications shall not be exercised so as to make complying with it more onerous.
(11)[F2Natural England may at any time cancel or propose the modification of a management scheme.
(12)In relation to—
(a)the cancellation of a management scheme, subsections (3) to (5) apply, and
(b)a proposal to modify a management scheme, subsections (3) to (10) apply,
as they apply in relation to a proposal for a management scheme.
(13)An agreement under section 16 of the 1949 Act or section 15 of the 1968 Act relating to a site of special scientific interest may provide for any matter for which a management scheme relating to that site provides (or could provide).]
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. 28J 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. 28J 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 it appears to [F2Natural England] that—
(a)an owner or occupier of land is not giving effect to a provision of a management scheme, and
(b)as a result any flora, fauna or geological or physiographical features by reason of which the land is of special interest are being inadequately conserved or restored,
they may if they think fit serve a notice on him (a “management notice”).
(2)They may not serve a management notice unless they are satisfied that they are unable to conclude, on reasonable terms, an agreement with the owner or occupier as to the management of the land in accordance with the management scheme.
(3)A management notice is a notice requiring the owner or occupier to—
(a)carry out such work on the land, and
(b)do such other things with respect to it,
as are specified in the notice, and to do so before the dates or within the periods so specified.
(4)The work and other things specified in the notice must appear to F2Natural England to be measures which it is reasonable to require in order to ensure that the land is managed in accordance with the management scheme.
(5)The management notice must explain the effect of subsection (7) and (8) and of sections 28L and 28M(2) to (4).
(6)A copy of the management notice must be served on every other owner and occupier of the land.
(7)If any of the work or other things required by a management notice have not been done within the period or by the date specified in it, [F2Natural England may—
(a)enter the land, and any other land, and carry out the work, or do the other things; and
(b)recover from the owner or occupier upon whom the notice was served any expenses reasonably incurred by them in carrying out the work or doing the other things.
(8)If an appeal is brought against the management notice, and upon the final determination of the appeal the notice is affirmed (with or without modifications), subsection (7) applies as if the references there to the management notice were to the notice as affirmed.]
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. 28J 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)A person who is served with a management notice may appeal against its requirements to the Secretary of State; and a management notice does not 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.
(2)An appeal may be on the ground that some other owner or occupier of the land should take all or any of the measures specified in the management notice, or should pay all or part of their cost.
(3)Where the grounds of appeal are, or include, that mentioned in subsection (2), the appellant must serve a copy of his notice of appeal on each other person referred to.
(4)Before determining an appeal, the Secretary of State may, if he thinks fit—
(a)cause the appeal to take, or continue in, the form of a hearing (which may be held wholly or partly in private if the appellant so requests and the person hearing the appeal agrees), or
(b)cause a local inquiry to be held,
and he must act as mentioned in paragraph (a) or (b) if either party to the appeal (or, in a case falling within subsection (2), any of the other persons mentioned there) asks to be heard in connection with the appeal.
(5)On determining the appeal, the Secretary of State may quash or affirm the management notice; and if he affirms it, he may do so either in its original form or with such modifications as he thinks fit.
(6)In particular, on determining an appeal whose grounds are, or include, those mentioned in subsection (2), the Secretary of State may—
(a)vary the management notice so as to impose its requirements (or some of them) upon any such other person as is referred to in the grounds; or
(b)determine that a payment is to be made by any such other person to the appellant.
(7)In exercising his powers under subsection (6), the Secretary of State must take into account, as between the appellant and any of the other people referred to in subsection (2)—
(a)their relative interests in the land (considering both the nature of the interests and the rights and obligations arising under or by virtue of them);
(b)their relative responsibility for the state of the land which gives rise to the requirements of the management notice; and
(c)the relative degree of benefit to be derived from carrying out the requirements of the management notice.
(8)The Secretary of State may by regulations made by statutory instrument make provision about appeals under this section, and in particular about—
(a)the period within which and the manner in which appeals are to be brought, and
(b)the manner in which they are to be considered,
and any such regulations may make different provision for different cases or circumstances.
(9)A statutory instrument containing regulations under subsection (8) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(10)The Secretary of State may appoint any person to exercise on his behalf, with or without payment, his function of determining an appeal under this section or any matter involved in such an appeal.
(11)Schedule 10A shall have effect with respect to appointments under subsection (10).
(12)Subsections (2) to (5) of section 250 of the M1Local Government Act 1972 (local inquiries: evidence and costs) apply in relation to hearings or local inquiries under this section as they apply in relation to local inquiries under that section, but as if the reference there—
(a)to the person appointed to hold the inquiry were a reference to the Secretary of State or to the person appointed to conduct the hearing or hold the inquiry under this section; and
(b)to the Minister causing an inquiry to be held were to the Secretary of State.
(13)Section 322A of the M2Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or local inquiry under this section as it applies in relation to a hearing or local inquiry referred to in that section.]
Wildlife and Countryside Act 1981