Office of Public Sector Information
PART II continued
(1)Where [F2Natural England] , under section 28E(6), modify or withdraw a consent, they shall make a payment to any owner or occupier of the land who suffers loss because of the modification or withdrawal.
(2)F2Natural England may, if they think fit, make one or more payments to any owner or occupier of land in relation to which a management scheme under section 28J is in force.
(3)The amount of a payment under this section is to be determined by [F2Natural England in accordance with guidance given and published by the Ministers.
(4)Section 50(3) applies to the determination of the amount of payments under this section as it applies to the determination of the amount of payments under 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. 28M 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)[F2Natural England] may in circumstances set out in subsection (2) acquire compulsorily all or any part of a site of special scientific interest.
(2)The circumstances are—
(a)that F2Natural England 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; or
(b)that F2Natural England have entered into such an agreement, but they are satisfied that it has been breached in such a way that the land is not being managed satisfactorily.
(3)A dispute about whether or not there has been a breach of the agreement for the purposes of subsection (2)(b) is to be determined by an arbitrator appointed by the Lord Chancellor.
(4)Where [F2Natural England have acquired land compulsorily under this section, they may—
(a)manage it themselves; or
(b)dispose of it, or of any interest in it, on terms designed to secure that the land is managed satisfactorily.
(5)Section 103 of the 1949 Act (general provisions as to acquisition of land) applies for the purposes of this section as it applies for the purposes of that Act.]
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. 28N 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, without reasonable excuse, contravenes section 28E(1) is guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine.
(2)A section 28G authority which, in the exercise of its functions, carries out an operation which damages 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)without first complying with section 28H(1), or
(b)(if it has complied with section 28H(1)) without first complying with section 28H(4)(a),
is, unless there was a reasonable excuse for carrying out the operation without complying, guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine.
(3)A section 28G authority acting in the exercise of its functions which, having complied with section 28H(1), fails without reasonable excuse to comply with section 28H(4)(b) is guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine.
(4)For the purposes of subsections (1), (2) and (3), it is a reasonable excuse in any event for a person to carry out an operation (or to fail to comply with a requirement to send a notice about it) if—
(a)subject to subsection (5), the operation in question was authorised by a planning permission granted on an application under Part III of the M1Town and Country Planning Act 1990 or permitted by a section 28G authority which has acted in accordance with section 28I; or
(b)the operation in question was an emergency operation particulars of which (including details of the emergency) were notified to [F2Natural England] as soon as practicable after the commencement of the operation.
(5)If an operation needs both a planning permission and the permission of a section 28G authority, subsection (4)(a) does not provide reasonable excuse unless both have been obtained.
[F3(5A)A section 28G authority which, in the exercise of its functions, permits the carrying out of an operation which damages 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)without first complying with section 28I(2), or
(b)where relevant, without first complying with section 28I(4) or (6),
is, unless there was a reasonable excuse for permitting the carrying out of the operation without complying, guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine.
(5B)For the purposes of subsection (5A), it is a reasonable excuse in any event for a section 28G authority to permit the carrying out of an operation without first complying with section 28I(2), (4) or (6) if the operation in question was an emergency operation particulars of which (including details of the emergency) were notified to Natural England as soon as practicable after the permission was given.]
(6)A person (other than a section 28G authority acting in the exercise of its functions) who without reasonable excuse—
(a)intentionally or recklessly destroys or damages any of the flora, fauna, or geological or physiographical features by reason of which land is of special interest, or intentionally or recklessly disturbs any of those fauna, and
(b)knew that what he destroyed, damaged or disturbed was within a site of special scientific interest,
is guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine.
[F4(6A)A person (other than a section 28G authority acting in the exercise of its functions) who without reasonable excuse—
(a)intentionally or recklessly destroys or damages any of the flora, fauna, or geological or physiographical features by reason of which a site of special scientific interest is of special interest, or
(b)intentionally or recklessly disturbs any of those fauna,
is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.]
(7)It is a reasonable excuse in any event for a person to do what is mentioned in subsection (6) [F5or (6A)] if—
(a)paragraph (a) or (b) of subsection (4) is satisfied in relation to what was done (reading references there to an operation as references to the destruction, damage or disturbance referred to in subsection (6) [F6or (6A)]), and
(b)where appropriate, subsection (5) is also satisfied, reading the reference there to an operation in the same way.
(8)A person who without reasonable excuse fails to comply with a requirement of a management notice is guilty of an offence and is liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.
(9)In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.
(10)Proceedings in England and Wales for an offence under this section shall not, without the consent of the Director of Public Prosecutions, be taken by a person other than [F2Natural England .
(11)In this section, “a section 28G authority” means an authority to which section 28G applies.]
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. 28P 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
F3S. 28P(5A)(5B) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 55(2), 107; S.I. 2006/2541, art. 2
F4S. 28P(6A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 55(3), 107; S.I. 2006/2541, art. 2
F5Words in s. 28P(7) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 55(4), 107; S.I. 2006/2541, art. 2
F6Words in s. 28P(7) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 55(4), 107; S.I. 2006/2541, art. 2
M11990 c. 8.
(1)This section applies where the owner of land included in a site of special scientific interest—
(a)disposes of any interest of his in the land; or
(b)becomes aware that it is occupied by an additional or a different occupier.
(2)If this section applies, the owner shall send a notice to [F2Natural England] before the end of the period of 28 days beginning with the date on which he disposed of the interest or became aware of the change in occupation.
(3)The notice is to specify the land concerned and—
(a)in a subsection (1)(a) case, the date on which the owner disposed of the interest in the land, and the name and address of the person to whom he disposed of the interest; or
(b)in a subsection (1)(b) case, the date on which the change of occupation took place (or, if the owner does not know the exact date, an indication of when to the best of the owner’s knowledge it took place), and, as far as the owner knows them, the name and address of the additional or different occupier.
(4)A person who fails without reasonable excuse to comply with the requirements of this section is guilty of an offence and is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(5)For the purposes of subsection (1), an owner “disposes of” an interest in land if he disposes of it by way of sale, exchange or lease, or by way of the creation of any easement, right or privilege, or in any other way except by way of mortgage.]
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. 28Q 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)[F2Natural England] may make byelaws for the protection of a site of special scientific interest.
(2)The following provisions of the 1949 Act apply in relation to byelaws under this section as they apply in relation to byelaws under section 20 of that Act—
(a)subsections (2) and (3) of section 20 (reading references there to nature reserves as references to sites of special scientific interest); and
(b)sections 106 and 107.]
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. 28R 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)Natural England may, on any land included in a site of special scientific interest, put up and maintain notices or signs relating to the site.
(2)Natural England may remove any notice or sign put up under subsection (1).
(3)Any other person who intentionally or recklessly and without reasonable excuse takes down, damages, destroys or obscures a notice or sign put up under subsection (1) is guilty of an offence.
(4)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.]
F1S. 28S inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 58(1), 107; S.I. 2006/2541, art. 2
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 29 repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 102, 103(2), Sch. 9 para. 2, Sch. 16 Pt. III and s. 29 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. II para. 11); S.S.I. 2004/495, art. 2
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 30 repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 102, 103(2), Sch. 9 para. 2, Sch. 16 Pt. III and s. 30 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2
[F2(1)Where—
(a)the operation in respect of which a person is convicted of an offence under section 28P(1), (2) or (3) has destroyed or damaged any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest, or
(b)a person is convicted of an offence under section 28P(6) [F3or (6A)] ,
the court by which he is convicted, in addition to dealing with him in any other way, may make an order requiring him to carry out, within such period as may be specified in the order, such operations (whether on land included in the site of special scientific interest or not) as may be so specified for the purpose of restoring the site of special scientific interest to its former condition.]
(2)An order under this section made on conviction on indictment shall be treated for the purposes of sections 30 and 42(1) and (2) of the M1Criminal Appeal Act 1968 (effect of appeals on orders for the restitution of property) as an order for the restitution of property; and where by reason of the quashing by the Court of Appeal of a person’s conviction any such order does not take effect, and on appeal to the House of Lords the conviction is restored by that House, the House may make any order under this section which could be made on his conviction by the court which convicted him.
(3)In the case of an order under this section made by a magistrates’ court the period specified in the order shall not begin to run—
(a)in any case until the expiration of the period for the time being prescribed by law for the giving of notice of appeal against a decision of a magistrates’ court;
(b)where notice of appeal is given within the period so prescribed, until determination of the appeal.
(4)At any time before an order under this section has been complied with or fully complied with, the court by which it was made may, on the application of the person against whom it was made, discharge or vary the order if it appears to the court that a change in circumstances has made compliance or full compliance with the order impracticable or unnecessary.
(5)If, within the period specified in an order under this section, the person against whom it was made fails, without reasonable excuse, to comply with it, he shall be liable on summary conviction—
(a)to a fine not exceeding [F4level 5 on the standard scale]; and
(b)in the case of a continuing offence, to a further fine not exceeding £100 for each day during which the offence continues after conviction.
(6)If, within the period specified in an order under this section, any operations specified in the order have not been carried out, [F5Natural England] may enter the land and carry out those operations and recover from the person against whom the order was made any expenses reasonably incurred by them in doing so.
(7)In the application of this section to Scotland—
(a)subsections (2) and (3) shall not apply; and
(b)for the purposes of any appeal or review, an order under this section is a sentence.
F1S. 31 sidenote substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 3(3)
F2S. 31(1) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 3(2)
F3Words in s. 31(1)(b) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 55(5), 107; S.I. 2006/2541, art. 2
F4Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F5Words in s. 31 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
M11968 c. 19.
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 31 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; 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)Where an application for [F1a farm capital grant] is made as respects expenditure incurred or to be incurred for the purpose of activities on [F2land included in a site of special scientific interest]F3. . ., the appropriate Minister—
(a)shall, so far as may be consistent with the purposes of [F4the grant provisions], so exercise his functions thereunder as to further the conservation of the flora, fauna, or geological or physiographical features by reason of which the land is of special interest; and
(b)where [F5Natural England] have objected to the making of the grant on the ground that the activities in question have destroyed or damaged or will destroy or damage that flora or fauna or those features, 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.
(2)Where, in consequence of an objection by F5Natural England , 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 (1)(b), [F5Natural England 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, an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act—
(a)imposing restrictions as respects those activities; and
(b)providing for the making by them of payments to the applicant.
[F6(3)In this section—
“the appropriate Minister” means the Minister responsible for determining the application;
“farm capital grant” means—
(a)a grant under a scheme made under section 29 of the Agriculture Act 1970; or
(b)a grant under regulations made under section 2(2) of the European Communities Act 1972 to a person carrying on an agricultural business within the meaning of those regulations in respect of expenditure incurred or to be incurred for the purposes of or in connection with that business, being expenditure of a capital nature or incurred in connection with expenditure of a capital nature;
“grant provisions” means—
(i)in the case of such a grant as is mentioned in paragraph (a) above, the scheme under which the grant is made and section 29 of the Agriculture Act 1970; and
(ii)in the case of such a grant as is mentioned in paragraph (b) above, the regulations under which the grant is made and the Community instrument in pursuance of which the regulations were made.]
F1Words substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(2)(a)
F2Words in s. 32(1) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 4
F3Words in s. 32(1) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. III
F4Words substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(2)(b)
F5Words in s.32 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
F6S. 32(3) substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(3)
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 32 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; 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
Wildlife and Countryside Act 1981