Office of Public Sector Information
PART 2 continued CHAPTER 1 continued
(8) A modification or withdrawal under subsection (5)(b) has effect on notice of it being given.
(9) Where, under this section—
(a) SNH—
(i) refuses to consent to an operation being carried out,
(ii) makes its consent subject to conditions, or
(iii) modifies or withdraws its consent, and
(b) it considers, having had regard to any guidance issued or approved under section 54(1) so far as relating to circumstances in which it should offer to enter into a management agreement, that, despite the decision referred to in paragraph (a), it should offer to enter into such an agreement with the applicant or, as the case may be, the person to whom the consent was given,
it must offer to enter into such an agreement on such terms and conditions (including provision for payment to the applicant by SNH) as, having regard to the guidance, it thinks fit.
(10) SNH must give an applicant reasons for a decision by virtue of this section—
(a) to make its consent subject to conditions,
(b) to refuse consent,
(c) to modify or withdraw its consent,
(d) where paragraph (a) of subsection (9) applies, not to offer to enter into a management agreement in pursuance of that subsection.
(1) SNH’s consent under section 16 is not required in relation to the carrying out of an operation requiring consent—
(a) in respect of which permission has been given by a relevant regulatory authority in accordance with section 15,
(b) which is authorised by a planning permission granted on an application under Part III of the Town and Country Planning (Scotland) Act 1997 (c. 8),
(c) which is an emergency operation particulars of which (including details of the emergency) are notified to SNH as soon as practicable after the necessity for the operation becomes apparent,
(d) in accordance with the terms of a management agreement between SNH and the person carrying out the operation or causing or permitting it to be carried out, or
(e) which is carried out as required by a land management order.
(2) Subsection (3) applies where—
(a) an owner or occupier of land within a site of special scientific interest carries out, or causes or permits to be carried out, an operation which would, but for subsection (1)(a) or (c), require SNH’s consent, and
(b) the operation damages any natural feature specified in an SSSI notification.
(3) Where this subsection applies the owner or occupier must—
(a) consult SNH as to the manner in which the natural feature should be restored to its former condition, and
(b) restore it, so far as is reasonably practicable, to that condition in accordance with any advice given by SNH in pursuance of paragraph (a).
(4) Section 16 and this section do not apply to an owner or occupier being a public body or office-holder acting in the exercise of its functions.
(1) An owner or occupier of land within a site of special scientific interest who is aggrieved—
(a) by a condition imposed under subsection (3)(a) of section 16,
(b) by a decision under subsection (3)(b) of that section to refuse consent,
(c) by a decision under subsection (5) of that section to modify or withdraw consent,
(d) by a decision, where paragraph (a) of subsection (9) of that section applies, not to enter into a management agreement in pursuance of that subsection,
(e) by the terms and conditions (including any provision for payment by SNH) on which SNH has offered to enter into a management agreement in pursuance of that subsection,
may appeal to the Scottish Land Court.
(2) An appeal under subsection (1) must be lodged not later than 28 days after the date on which SNH notified the appellant of the decision being appealed.
(3) If, within—
(a) the period of 4 months beginning on the date on which the owner or occupier seeking the consent made an application under section 16(2), or
(b) such longer period, beginning on that date, as may be agreed in writing between SNH and the owner or occupier,
SNH neither gives nor refuses the consent sought in the application, SNH is to be treated, for the purposes of this section, as having refused consent on the day on which the period expired and an appeal may be made and determined under this section accordingly.
(4) If, within—
(a) the period of 4 months beginning on the date on which SNH—
(i) refuses consent to an operation being carried out,
(ii) makes its consent subject to conditions, or
(iii) modifies or withdraws its consent, or
(b) such longer period, beginning on that date, as may be agreed in writing between SNH and the owner or occupier,
SNH has not offered to enter into a management agreement in pursuance of section 16(9), SNH is to be treated, for the purposes of this section, as having decided not to so offer on the day on which the period expired and an appeal may be made and determined under this section accordingly.
(5) The Scottish Land Court must determine an appeal made under subsection (1) on the merits rather than by way of review and may do so by—
(a) affirming the decision appealed against,
(b) where the appeal is against a refusal of consent, directing SNH to give consent,
(c) where the appeal is as to the conditions to which a consent is subject, quashing all or any of those terms or conditions,
(d) where the appeal is against a decision not to offer to enter into a management agreement, directing SNH to so offer,
(e) where the appeal is as to the terms and conditions of a management agreement, quashing all or any of those terms or conditions,
(f) making such other order as it thinks fit.
(6) The Scottish Land Court may direct SNH—
(a) where it determines an appeal under paragraph (b) or (c) of subsection (5), as to any conditions to which its consent to the carrying out of the operation requiring consent are to be subject,
(b) where it determines an appeal under paragraph (d) or (e) of that subsection, as to terms and conditions of the management agreement (including provision for payment by SNH) which it must offer to enter into.
(1) Any person who intentionally or recklessly damages any natural feature specified in an SSSI notification is, subject to subsection (2), guilty of an offence.
(2) Any person who does anything which would, but for this subsection, amount to an offence under subsection (1) is not guilty of the offence if it is shown that—
(a) the act was the incidental result of a lawful operation,
(b) the person who carried out the lawful operation—
(i) took reasonable precautions for the purpose of avoiding carrying out the act, or
(ii) did not foresee, and could not reasonably have foreseen, that the act would be an incidental result of the carrying out of the lawful operation, and
(c) that person took such steps as were reasonably practicable in all the circumstances to minimise the damage caused.
(3) Any person who, without reasonable excuse—
(a) contravenes section 13(1) or 16(1), or
(b) fails to comply with section 14(5)(b) or 17(3)(b),
is guilty of an offence.
(4) Any person guilty of an offence under subsection (1) or (3) is liable—
(a) on summary conviction, to a fine not exceeding £40,000,
(b) on conviction on indictment, to a fine.
(5) It is not a defence in proceedings for an offence under subsection (3) of contravening section 13(1) or 16(1) that the carrying out of the operation did not damage any natural feature specified in an SSSI notification.
(1) SNH may make byelaws for the protection of a site of special scientific interest.
(2) The following provisions of the National Parks and Access to the Countryside Act 1949 (c. 97) apply in relation to byelaws under subsection (1) as they apply in relation to byelaws under section 20 of that Act—
(a) subsections (2) and (3) of section 20 (reading references in those subsections to nature reserves as references to sites of special scientific interest), and
(b) sections 106 and 107.
(1) There is to continue to be a committee (“the Advisory Committee”) with the advisory function relating to sites of special scientific interest conferred on it by this section.
(2) The convener and other members of the Advisory Committee are to be appointed by the Scottish Ministers, on such terms and conditions as they may determine, from among persons appearing to them to have scientific qualifications and experience in relation to flora or fauna or the geological or geomorphological features of land.
(3) Those terms and conditions must include arrangements for the payment by SNH of remuneration and allowances.
(4) A member of SNH, or of any committee appointed by it, may not be appointed to the Advisory Committee.
(5) The Scottish Ministers may, from time to time, give directions to the Advisory Committee as to its procedure.
(6) Subsection (8) applies where—
(a) any person with an interest in land which is a site of special scientific interest makes a representation to SNH in relation to—
(i) any reason specified in an SSSI notification, or notification under section 5(1), in pursuance of section 3(4)(a)(ii), or
(ii) any reason specified in a notification under subsection (1) of section 9 in pursuance of subsection (4)(a)(ii) of that section,
(b) that person does not agree to withdraw the representation, and
(c) the condition set out in subsection (7) is met.
(7) That condition is that the representation is made—
(a) before the expiry of the time limit for making representations in pursuance of paragraph 3(c) of schedule 1 with respect to the notification in question, or
(b) if that time limit has expired, not less than 10 years have elapsed from the date—
(i) on which the last such representation was made, or
(ii) where no such representation has been made previously, on which the notification in question was given.
(8) Where this subsection applies SNH must—
(a) refer the matter to the Advisory Committee,
(b) consider any advice given by the Advisory Committee on the matter, and
(c) take such action as it thinks fit in consequence of any such advice.
(1) The Keeper of the Registers of Scotland (“the Keeper”) must keep a register containing—
(a) such information relating to SSSI notifications as may be required by regulations under subsection (3), and
(b) such information relating to—
(i) notifications given under section 5(1), 6(5), 7(3), 8(1) or 9(1),
(ii) notices given under paragraph 10 or 15 of schedule 1,
as may be so required.
(2) The Keeper must ensure that the register is, at all reasonable times, available for public inspection.
(3) The Scottish Ministers may by regulations make provision—
(a) as to the form and manner in which the register is to be kept,
(b) as to the information which the register is to contain,
(c) as to amendment of the register,
(d) requiring SNH to send to the Keeper for registration in the register, in such form and manner as the regulations may specify, copies of the notifications and notices specified in subsection (1)(a) and (b) and such other documents and information as the regulations may specify,
(e) as to the provision, on payment of such fee (if any) as may be so specified, of reports in relation to the register and copies and extracts of information in the register and as to the evidential value of such copies and extracts.
(1) Where the Scottish Ministers consider that, for either or both of the purposes specified in subsection (2), the carrying out of an operation on land of a description specified in subsection (3) should be wholly or partly prohibited, they may make an order (a “nature conservation order”)—
(a) specifying the operation,
(b) specifying the circumstances (if any) in which the carrying out of the operation is not prohibited, and
(c) prohibiting any person from carrying it out on such land other than in those circumstances.
(2) The purposes referred to in subsection (1) are—
(a) the conservation of any natural feature by reason of which land (whether or not the land in question) is a site of special scientific interest or, as the case may be, is otherwise considered by the Scottish Ministers to be of special interest,
(b) compliance with an international obligation.
(3) The land referred to in subsection (1) is—
(a) land which is, or forms part of, a site of special scientific interest,
(b) land which is not, or does not form part of, a site of special scientific interest but is, in the opinion of the Scottish Ministers, of special interest by reason of any of its natural features,
(c) land which is contiguous to, or which the Scottish Ministers consider to be otherwise associated with, land of the type described in paragraph (a) or (b), or
(d) any combination of land of the types described in paragraphs (a) to (c).
(4) The circumstances which may be specified in a nature conservation order by virtue of subsection (1)(b) include, for example, the carrying out of an operation—
(a) at a particular time,
(b) in a particular manner, or
(c) in accordance with particular conditions.
(5) Each operation specified in a nature conservation order is, so far as prohibited by the order in relation to the land to which the order relates, referred to in this Act as a “prohibited operation”.
(6) A nature conservation order has effect on being made.
(7) A nature conservation order ceases to have effect—
(a) on the date on which a decision not to confirm it is made under paragraph 5 of schedule 2,
(b) if no decision is made under that paragraph within the period mentioned in sub-paragraph (a) of that paragraph or that period as extended under paragraph 12 of that schedule, at the end of that period, or
(c) on the date on which an order under section 24(1) revoking it is made.
(1) The Scottish Ministers may by order amend or revoke a nature conservation order (and an order under this subsection is, in this Act, referred to as an amending order or, as the case may be, a revoking order).
(2) An amending order may—
(a) add to the prohibited operations specified in a nature conservation order, modify the description of any prohibited operation so specified or remove any prohibited operation so specified from the order,
(b) amend any circumstances specified in a nature conservation order in relation to an operation by virtue of section 23(1)(b),
(c) extend or restrict the area of land to which a nature conservation order relates.
(3) An amending order has effect on being made.
(4) A nature conservation order which is amended by an amending order has effect, for so long as the amending order has effect, as amended.
(5) A revoking order may revoke a nature conservation order in relation to part only of the land to which the nature conservation order relates.
(6) A revoking order has effect on being made.
Schedule 2 sets out procedure relating to nature conservation orders, amending orders and revoking orders.
(1) The Scottish Ministers may, when they think fit, review a nature conservation order for the purposes of determining whether they should make an amending order or a revoking order in relation to it.
(2) The Scottish Ministers must carry out—
(a) the first such review within 6 years of the date on which the nature conservation order was made,
(b) any subsequent such review within 6 years of the previous review.
(1) Any person who carries out, or causes or permits to be carried out, a prohibited operation on any land to which a nature conservation order relates is guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding £40,000,
(b) on conviction on indictment, to a fine.
(2) It is not a defence in proceedings for an offence under subsection (1) that the carrying out of the prohibited operation did not damage any natural feature of the land to which the nature conservation order relates.
A report submitted by SNH under section 10(2) (annual report) of the Natural Heritage (Scotland) Act 1991 (c. 28) for any year must set out particulars of any land in relation to which a nature conservation order, amending order or revoking order has come into effect during that year.
(1) This section applies to—
(a) land which is, or forms part of, a site of special scientific interest,
(b) land which is contiguous to, or which SNH considers to be otherwise associated with, a site of special scientific interest,
(c) any combination of land of the type described in paragraphs (a) and (b).
(2) Where—
(a) any of subsections (3) to (5) applies, and
(b) SNH considers that an order under section 30(1) (a “land management order”) in relation to the land is necessary or expedient for the purpose of conserving, restoring or otherwise enhancing any natural feature specified in an SSSI notification,
SNH may propose to the Scottish Ministers that they make a land management order.
(3) This subsection applies where—
(a) SNH has offered to enter into a management agreement in relation to land to which this section applies for the purpose specified in subsection (2)(b), and
(b) the offeree has refused or failed to enter into the agreement.
(4) This subsection applies where a person fails to comply with a management agreement entered into with SNH, for the purpose specified in subsection (2)(b), in relation to land to which this section applies.
(5) This subsection applies where SNH has not, by reason of not being aware of the name or address of any owner or occupier of land to which this section applies, been able to offer to enter into a management agreement in relation to the land.
(6) Subsection (5) does not apply unless—
(a) SNH has given notice in accordance with section 48(10) stating that it wishes to offer to enter into a management agreement in relation to the land, and
(b) 28 days have passed since the notice was given.
(7) A proposal under subsection (2) must—
(a) describe the land to which it relates in a manner which would be sufficient to enable a document relating to the land to be recorded in the General Register of Sasines or, as the case may be, registered in the Land Register of Scotland,
(b) be accompanied by a map on which the land is delineated,
(c) describe the natural feature in question,
(d) explain why SNH offered to, or wishes to offer to, enter into a management agreement in relation to the land or, as the case may be, specify the failure to comply with a management agreement which has been entered into,
(e) specify—
(i) any operations (including any operations requiring consent) which should be carried out on the land for the purpose of conserving, restoring or otherwise enhancing that natural feature,
(ii) the persons who should carry out the operations, and
(iii) how and when the operations should be carried out,
(f) state—
(i) the costs which the persons referred to in paragraph (e)(ii) are likely to incur by so doing, and
(ii) the amounts which SNH should pay to those persons in respect of those costs, and
(g) specify any operations which should not be carried out on the land.
(1) The Scottish Ministers must, within 3 months of the expiry of the period during which representations on a proposal for a land management order may be made in pursuance of paragraph 3(c) of schedule 3, after considering the matters specified in subsection (2)—
(a) make a land management order in the manner which has been proposed,
(b) make such other land management order as the Scottish Ministers think fit in relation to the land, or any part of the land, to which the proposal relates, or
(c) refuse to make a land management order in relation to that land or any part of it.
(2) Those matters are—
(a) the proposal under section 29(2) and the accompanying map,
(b) any representations made to them in pursuance of paragraph 3(c) of schedule 3, and
(c) any information provided to them in pursuance of paragraph 6 of that schedule in relation to the proposal.
(1) A land management order must—
(a) describe the land to which the order relates in a manner which would be sufficient to enable the order to be recorded in the General Register of Sasines or, as the case may be, registered in the Land Register of Scotland,
(b) be accompanied by a map on which the land is delineated,
(c) describe the natural feature which is to be conserved, restored or otherwise enhanced in pursuance of the order,
(d) specify—
(i) the operations which are to be carried out on the land for the purpose of conserving, restoring or otherwise enhancing that natural feature,
(ii) the persons who are to carry out those operations, and
(iii) how and when those operations are to be carried out,
(e) specify any operations which must not be carried out on the land,
(f) specify the date on which the order is to come into effect and the period for which it is to have effect, and
(g) set out the circumstances in which an appeal may be made under section 34(1) against the decision to make the order.
(2) Any operation specified in a land management order by virtue of subsection (1)(e) is, in relation to the land to which the order relates, referred to in this Act as an “excluded operation”.
(3) A land management order may provide for the making of payments by SNH to any person in respect of reasonable costs incurred by the person in carrying out an operation specified in the order by virtue of subsection (1)(d)(i).
(1) The Scottish Ministers may, when they think fit, review a land management order for the purposes of determining whether they should make an order amending or revoking it.
(2) The Scottish Ministers must carry out—
(a) the first such review within 6 years of the date on which the land management order was made,
(b) any subsequent such review within 6 years of the previous review.
(3) If, on completion of a review, the Scottish Ministers decide that the land management order should be amended or revoked they may make an order to that effect.
Schedule 3 sets out procedure relating to land management orders and orders under section 32(3).
(1) Any owner or occupier of land to which a land management order relates who is aggrieved by—
(a) a decision of the Scottish Ministers to make a land management order or an order under section 32(3), or
(b) the terms or conditions of such an order,
may appeal to the Scottish Land Court.
(2) An appeal under subsection (1) must be lodged not later than 28 days after the date on which the Scottish Ministers gave notice to the appellant of the decision being appealed.
(3) The Scottish Land Court must determine an appeal under subsection (1) on the merits rather than by way of review and may do so by—
(a) affirming the order in question,
(b) directing the Scottish Ministers to amend the order in such manner as the Court may specify,
(c) directing the Scottish Ministers to revoke the order,
(d) making such other order as it thinks fit.
(1) A land management order has effect from—
(a) the expiry of the time limit for appealing against the decision to make the land management order, or
(b) where such an appeal is made, its withdrawal or final determination.
(2) A land management order ceases to have effect—
(a) on the expiry of the time limit for appealing against the decision to make an order under section 32(3) revoking the land management order, or
(b) where such an appeal is made, on its withdrawal or final determination.
(3) A land management order has effect as amended by an order under section 32(3)—
(a) from the expiry of the time limit for appealing against the decision to make the order under that section, or
(b) where such an appeal is made, from its withdrawal or final determination.
Nature Conservation (Scotland) Act 2004