Countryside and Rights of Way Bill

Countryside and Rights of Way Bill - continued	House of Commons

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	SCHEDULE 9
	SITES OF SPECIAL SCIENTIFIC INTEREST
	1. For section 28 of the 1981 Act (areas of special scientific interest) there is substituted-
"Sites of special scientific interest.	28. - (1) Where the Nature Conservancy Council 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 the Council 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) The Council 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 the Council 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 the Council to be likely to damage that flora or fauna or those features,
	and shall contain a statement of the Council's views about the management of the land (including any views the Council 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, the Council 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	(b) if not withdrawn or confirmed by notice under subsection (5) within the period of nine months referred to there, at the end of that period.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) The Council'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) A notification given under section 23 of the 1949 Act (which was superseded by section 28 of this Act as originally enacted) shall continue to have effect as if given under subsection (1)(a).
	(11) For the purposes of this section and sections 28A and 28B, "local planning authority", in relation to land within the Broads, includes the Broads Authority.
Variation of notification under section 28.	28A. - (1) At any time after notice has been given under section 28(5)(b) confirming a notification (with or without modifications), the Nature Conservancy Council 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) The Council 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(2) 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, the Council 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).
Denotification.	28B. - (1) Where the Nature Conservancy Council are of the opinion that all or part of a site of special scientific interest is no longer 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 the Council 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 Water Industry Act 1991) and every internal drainage board (within the meaning of section 61C(1) of the Land Drainage Act 1991) whose works, operations or activities may affect the land.
	(3) The Council 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(2) 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, the Council 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).
Duties in relation to sites of special scientific interest.	28C. - (1) The owner or occupier of any part of 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 on him of the notification, given the Nature Conservancy Council written 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 28E applies acting in the exercise of its functions.
	(3) The conditions are-
	(a) that the operation is carried out with the Council'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 or section 15 of the 1968 Act;
	(c) that the operation is carried out in accordance with a management scheme under section 28H or a management notice under section 28I.
	(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 the Council do not consent, they shall give notice saying so to the person who gave the notice under subsection (1).
	(6) The Council may, by notice in writing given to the person to whom notice of a consent under subsection (3)(a) was sent-
	(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 the right of the person to whom the consent or notice is sent to appeal under section 28D against (in a paragraph (a) case) the condition or limitation or (in a paragraph (b) case) the refusal of consent or its withdrawal or modification.
	(8) 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.
	(9) The Council shall have power to enforce the provisions of this section.
Appeals in connection with consents.	28D. - (1) The following persons-
	(a) a person who has been refused a consent under section 28C(3)(a),
	(b) a person 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) a person who has been granted such a consent but who is aggrieved by its modification,
	(d) a person from whom such a consent has been withdrawn,
	may by notice appeal to the Secretary of State against the relevant decision.
	(2) If the Nature Conservancy Council neither give consent nor refuse it within the period of four months beginning with the date on which the notice referred to in section 28C(1)(a) was sent, the person who gave that notice may for the purposes of subsection (1) treat the Council 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 28C(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 the Council 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 the Council 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 the Council 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 Local 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 Town 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.

Prepared 3 March 2000