Office of Public Sector Information
PART II continued
[F1(1)The Ministers shall from time to time, after consultation with [F2Natural England] and such persons appearing to them to represent other interests concerned as they consider appropriate—
(a)prepare codes containing such recommendations, advice and information as they consider proper for the guidance of—
(i)persons exercising functions under sections 28 to 32; and
(ii)persons affected or likely to be affected by the exercise of any of those functions; and
(b)revise any such code by revoking, varying, amending or adding to the provisions of the code in such manner as the Ministers think fit.
(2)A code prepared in pursuance of subsection (1) and any alterations proposed to be made on a revision of such a code shall be laid before both Houses of Parliament forthwith after being prepared; and the code or revised code, as the case may be, shall not be issued until the code or the proposed alterations have been approved by both Houses.
(3)Subject to subsection (2), the Ministers shall cause every code prepared or revised in pursuance of subsection (1) to be printed, and may cause copies of it to be put on sale to the public at such price as the Ministers may determine.]
F1S. 33 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2
F2Words in s. 33(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 82; S.I. 2006/2541, art. 2
[F1(1)Natural England must notify any local planning authority of any limestone pavement in that authority's area.]
(2)Where it appears to the Secretary of State or the relevant authority that the character or appearance of any land notified under subsection (1) would be likely to be adversely affected by the removal of the limestone or by its disturbance in any way whatever, the Secretary of State or that authority may make an order (in this section referred to as a “limestone pavement order”) designating the land and prohibiting the removal or disturbance of limestone on or in it; and the provisions of Schedule 11 shall have effect as to the making, confirmation and coming into operation of limestone pavement orders.
(3)The relevant authority may, after consultation with [F2Natural England] , amend or revoke a limestone pavement order made by the authority; and the Secretary of State may, after such consultation as aforesaid, amend or revoke any such order made by him or that authority but, in the case of an order made by that authority, only after consultation with that authority.
(4)If any person without reasonable excuse removes or disturbs limestone on or in any land designated by a limestone pavement order he shall be liable—
(a)on summary conviction, to a fine not exceeding [F3£20,000];
(b)on conviction on indictment, to a fine.
(5)It is a reasonable excuse in any event for a person to remove or disturb limestone or cause or permit its removal or disturbance, if the removal or disturbance was authorised by a planning permission granted on an application under [F4Part III of the Town and Country Planning Act 1990]F5. . . .
(6)In this section—
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“limestone pavement” means an area of limestone which lies wholly or partly exposed on the surface of the ground and has been fissured by natural erosion;
[F7“the relevant authority” means—
in relation to a non-metropolitan county [F8in England], the county planning authority and, in relation to any other area in England, the local planning authority;
[F9in relation to any area in Wales, the local planning authority;]
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]
F1S. 34(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 83(2); S.I. 2006/2541, art. 2
F2Words in s. 34(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107), Sch. 11 para. 83(3); S.I. 2006/2541, art. 2
F3Words in s. 34(4)(a) substituted (30.1.2001) by 2000 c. 37, ss. 78(1), 103(2)
F4Words in s. 34(5) substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 54(1)
F5Words in s. 34(5) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 83(4), Sch. 12; S.I. 2006/2541, art. 2
F6S. 34(6): definition of “the agency” repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 83(5)(a), Sch. 12; S.I. 2006/2541, art. 2
F7Definition in s. 34(6) substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 7, Sch. 3 para. 7(2)
F8Words in s. 34(1)(3)(6) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F9Para. (aa) in the definition of “the relevant authority” in s. 34(6) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F10S. 34(6): para. (b) definition of “the relevant authority” repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 83(5)(b), Sch. 12; S.I. 2006/2541, art. 2
C1S. 34(2): functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 34 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 only
F1S. 34A and preceding cross-heading inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 84; S.I. 2006/2541, art. 2
In the following provisions of this Part “the appropriate conservation body” means—
(a)in relation to England, Natural England;
(b)in relation to Wales, the Countryside Council for Wales;
(c)in relation to Scotland, Scottish Natural Heritage.
(1)Where [F1the appropriate conservation body] are satisfied that any land which—
(a)is being managed as a nature reserve under an agreement entered into with [F1the appropriate conservation body];
(b)is held by [F1the appropriate conservation body] and is being managed by them as a nature reserve; or
(c)is held by an approved body and is being managed by that body as a nature reserve,
is of national importance, they may declare that land to be a national nature reserve.
(2)A declaration by [F1the appropriate conservation body] that any land is a national nature reserve shall be conclusive of the matters declared; and subsections (4) and (5) of section 19 of the 1949 Act shall apply in relation to any such declaration as they apply in relation to a declaration under that section.
(3)On the application of the approved body concerned, [F1the appropriate conservation body], as respects any land which is declared to be a national nature reserve under subsection (1)(c), make byelaws for the protection of the reserve.
(4)Subsections (2) and (3) of section 20 and section 106 of the 1949 Act shall apply in relation to byelaws under this section as they apply in relation to byelaws under the said section 20.
(5)In this section—
“approved body” means a body approved by [F1the appropriate conservation body] for the purposes of this section;
“nature reserve” has the same meaning as in Part III of the 1949 Act.
F1Words in s. 35 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 85; S.I. 2006/2541, art. 2
X1The insertion of the new cross-heading "Nature reserves, marine nature reserves and Ramsar sites" in Part II on 1.10.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.
(1)Where, in the case of any land covered (continuously or intermittently) by tidal waters or parts of the sea [F1which are landward of the baselines from which the breadth of the territorial sea adjacent to Great Britain is measured or are seaward of those baselines up to a distance of three nautical miles], it appears to the Secretary of State expedient, on an application made by [F2the appropriate conservation body] , that the land and waters covering it should be managed by [F2the appropriate conservation body] for the purpose of—
(a)conserving marine flora or fauna or geological or physiographical features of special interest in the area; or
(b)providing, under suitable conditions and control, special opportunities for the study of, and research into, matters relating to marine flora and fauna and the physical conditions in which they live, or for the study of geological and physiographical features of special interest in the area,
he may by order designate the area comprising that land and those waters as a marine nature reserve; and [F2the appropriate conservation body] shall manage any area so designated for either or both of those purposes.
(2)An application for an order under this section shall be accompanied by—
(a)a copy of the byelaws which, if an order is made, [F2the appropriate conservation body] propose making under section 37 for the protection of the area specified in the application; and
(b)a copy of any byelaws made or proposed to be made for the protection of that area by a relevant authority;
and an order made on the application shall authorise the making under that section of such of the byelaws proposed to be made by [F2the appropriate conservation body] as may be set out in the order with or without modifications.
(3)Byelaws the making of which is so authorised—
(a)shall not require the Secretary of State’s consent under subsection (1) of section 37; and
(b)notwithstanding anything in the provisions applied by subsection (4) of that section, shall take effect on their being made.
(4)The provisions of Schedule 12 shall have effect as to the making, validity and date of coming into operation of orders under this section; and an order made under this section may be amended or revoked by a subsequent order so made.
(5)The powers exercisable by [F2the appropriate conservation body] for the purpose of managing an area designated as a marine nature reserve under this section shall include power to install markers indicating the existence and extent of the reserve.
(6)Nothing in this section or in byelaws made under section 37 shall interfere with the exercise of any functions of a relevant authority, any functions conferred by or under an enactment (whenever passed) or any right of any person (whenever vested).
(7)In this section—
“enactment” includes an enactment contained in a local Act;
“local authority” means—
[F6“nautical miles” means international nautical miles of 1,852 metres;]
“relevant authority” means a local authority, [ F7the National Rivers Authority, a water undertaker, a sewerage undertaker,] an internal drainage board, a navigation authority, a harbour authority, F8. . . , a lighthouse authority, a conservancy authority, [F9the Scottish Environment Protection Agency], a district board for a fishery district within the meaning of the M1Salmon Fisheries (Scotland) Act 1862, or a local fisheries committee constituted under the M2Sea Fisheries Regulation Act 1966.
F1Words substituted by Territorial Sea Act 1987 (c. 49, SIF 29:1), ss. 1(5), 3(1)(2), Sch. 1 para. 6(a)
F2Words in s. 36 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 35; S.I. 2006/2541, art. 2
F3Words in s. 36(7) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(4) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F4Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17
F5Words in s. 36(7) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 125(3); S.I. 1996/323, art. 4(1)(b)(c)
F6Definition inserted by Territorial Sea Act 1987 (c. 49, SIF 29:1), ss. 1(5), 3(1), Sch. 1 para. 6(b)
F7S. 36(7): Words in definition of "relevant authority" substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 para. 66(2), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F8Words repealed by Pilotage Act 1987 (c. 21, SIF 111), s. 32(5), Sch. 3
F9Words in s. 36(7) substituted (S.) (1.4.1996) by S.I. 1996/973, reg. 2, Sch. para. 6
C1S. 36(1): power to extend conferred by Territorial Sea Act 1987 (c. 49, SIF 29:1), ss. 1(5), 3(2)(b)
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
M11862 c. 97.
M21966 c. 38.
X1The insertion of the new cross-heading "Nature reserves, marine nature reserves and Ramsar sites" in Part II on 1.10.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.
(1)Where, in the case of any land covered (continuously or intermittently) by tidal waters or parts of the sea [F1which are landward of the baselines from which the breadth of the territorial sea adjacent to Great Britain is measured or are seaward of those baselines up to a distance of three nautical miles], it appears to the Secretary of State expedient, on an application made by [F2the appropriate conservation body] , that the land and waters covering it should be managed by [F2the appropriate conservation body] for the purpose of—
(a)conserving marine flora or fauna or geological or physiographical features of special interest in the area; or
(b)providing, under suitable conditions and control, special opportunities for the study of, and research into, matters relating to marine flora and fauna and the physical conditions in which they live, or for the study of geological and physiographical features of special interest in the area,
he may by order designate the area comprising that land and those waters as a marine nature reserve; and [F2the appropriate conservation body] shall manage any area so designated for either or both of those purposes.
(2)An application for an order under this section shall be accompanied by—
(a)a copy of the byelaws which, if an order is made, [F2the appropriate conservation body] propose making under section 37 for the protection of the area specified in the application; and
(b)a copy of any byelaws made or proposed to be made for the protection of that area by a relevant authority;
and an order made on the application shall authorise the making under that section of such of the byelaws proposed to be made by [F2the appropriate conservation body] as may be set out in the order with or without modifications.
(3)Byelaws the making of which is so authorised—
(a)shall not require the Secretary of State’s consent under subsection (1) of section 37; and
(b)notwithstanding anything in the provisions applied by subsection (4) of that section, shall take effect on their being made.
(4)The provisions of Schedule 12 shall have effect as to the making, validity and date of coming into operation of orders under this section; and an order made under this section may be amended or revoked by a subsequent order so made.
(5)The powers exercisable by [F2the appropriate conservation body] for the purpose of managing an area designated as a marine nature reserve under this section shall include power to install markers indicating the existence and extent of the reserve.
(6)Nothing in this section or in byelaws made under section 37 shall interfere with the exercise of any functions of a relevant authority, any functions conferred by or under an enactment (whenever passed) or any right of any person (whenever vested).
(7)In this section—
“enactment” includes an enactment contained in a local Act;
“local authority” means—
[F6“nautical miles” means international nautical miles of 1,852 metres;]
“relevant authority” means a local authority, [F7Scottish Water] or any other statutory water undertakers, an internal drainage board, a navigation authority, a harbour authority, F8. . . , a lighthouse authority, a conservancy authority, [F9the Scottish Environment Protection Agency], a district board for a fishery district within the meaning of the M1Salmon Fisheries (Scotland) Act 1862, or a local fisheries committee constituted under the M2Sea Fisheries Regulation Act 1966.
F1Words substituted by Territorial Sea Act 1987 (c. 49, SIF 29:1), ss. 1(5), 3(1)(2), Sch. 1 para. 6(a)
F2Words in s. 36 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 35; S.I. 2006/2541, art. 2
F3Words in s. 36(7) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(4) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F4Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17
F5Words in s. 36(7) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 125(3); S.I. 1996/323, art. 4(1)(b)(c)
F6Definition inserted by Territorial Sea Act 1987 (c. 49, SIF 29:1), ss. 1(5), 3(1), Sch. 1 para. 6(b)
F7Words "Scottish Water" substituted (S.) (1.4.2002) for the words "a water authority" by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 11(3); S.S.I. 2002/118, art. 2(3)
F8Words repealed by Pilotage Act 1987 (c. 21, SIF 111), s. 32(5), Sch. 3
F9Words in s. 36(7) substituted (S.) (1.4.1996) by S.I. 1996/973, reg. 2, Sch. para. 6
C1S. 36(1): power to extend conferred by Territorial Sea Act 1987 (c. 49, SIF 29:1), ss. 1(5), 3(2)(b)
E1This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
M11862 c. 97.
M21966 c. 38.
X1The insertion of the new cross-heading "Nature reserves, marine nature reserves and Ramsar sites" in Part II on 1.10.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.
Wildlife and Countryside Act 1981