Countryside and Rights of Way Bill.

Countryside and Rights of Way Bill. - continued	House of Commons
SCHEDULE 8, SITES OF SPECIAL SCIENTIFIC INTEREST - continued

back to previous text


Management schemes.	28H. - (1) The Nature Conservancy Council may, if they think fit, 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) The Council 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 the Council shall consider any representation or objection duly made.
	(8) Where a notice under subsection (3) has been given, the Council 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) The Council'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) The Council 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).
Management notices.	28I. - (1) Where it appears to the Nature Conservancy Council 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 terms appearing to them to be reasonable, 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 the Council 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 28J and 28K(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, the Council may-
	(a) enter the 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.
Appeals against management notices.	28J. - (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 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.
	(13) 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.
Payments.	28K. - (1) Where the Council, under section 28C(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) The Council 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 28H is in force.
	(3) The amount of-
	(a) a payment under this section, or
	(b) in relation to land which is or is part of a site of special scientific interest, a payment under section 16 of the 1949 Act or section 15 of the 1968 Act,
	is to be determined by the Council in accordance with guidance given and published by the Secretary of State.
	(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.
Compulsory purchase.	28L. - (1) The Nature Conservancy Council 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 the Council are satisfied that they are unable to conclude, on terms appearing to them to be reasonable, an agreement with the owner or occupier as to the management of the land; or
	(b) that the Council 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 the Council 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.

Prepared 24 May 2000