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| Offences. |
28M. - (1) A person who, without reasonable excuse, contravenes section 28C(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.
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(2) A section 28E 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-
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(a) without first complying with section 28F(1), or |
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(b) (if it has complied with section 28F(1)) without first complying with section 28F(4)(a), |
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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.
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(3) A section 28E authority acting in the exercise of its functions which, having complied with section 28F(1), fails without reasonable excuse to comply with section 28F(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.
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(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-
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(a) the operation in question was authorised by a planning permission granted on an application under Part III of the Town and Country Planning Act 1990; or |
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(b) the operation in question was an emergency operation particulars of which (including details of the emergency) were notified to the Nature Conservancy Council as soon as practicable after the commencement of the operation. |
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(5) A person (other than a section 28E authority acting in the exercise of its functions) who-
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(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, and |
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(b) knew that what he destroyed or damaged lay within a site of special scientific interest, |
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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.
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(6) 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.
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(7) 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.
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(8) 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 the Council.
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(9) In this section, "a section 28E authority" means an authority to which section 28E applies."
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| | 2. Section 29 (special protection for certain areas of special scientific interest) and section 30 (compensation where an order is made under section 29) of the 1981 Act shall cease to have effect.
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| | 3. - (1) Section 31 of the 1981 Act (restoration where order under section 29 is contravened) is amended as follows.
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(2) For subsection (1) there is substituted-
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"(1) Where-
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(a) the operation in respect of which a person is convicted of an offence under section 28M(1), (2) or (3) has destroyed or damaged any of the flora, fauna or geological or physiographical features by reason of which the land on which it was carried out is of special interest, or |
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(b) a person is convicted of an offence under section 28M(5), |
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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 for the purpose of restoring the land to its former condition as may be so specified."
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(3) For the sidenote, there is substituted "Restoration following offence under section 28M.".
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| | 4. - (1) Section 52 of the 1981 Act (interpretation of Part II) is amended as follows.
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(2) In subsection (1), after the definition of "the Nature Conservancy Councils" there is inserted-
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""notice" and "notification" mean notice or notification in writing; |
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"site of special scientific interest" means an area of land which has been notified under section 28(1)(b);". |
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(3) After subsection (2) there is inserted-
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"(2A) Where a notification under section 28(1)(b) has been-
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(a) modified under section 28(5)(b), |
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(b) varied under section 28A(3), or |
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(c) varied with modifications under section 28A(5)(b), |
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a reference to such a notification (however expressed) in subsection (1), and in sections 28 to 28M, is (unless the context otherwise requires) a reference to the notification as modified, as varied, or as varied with modifications.
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(2B) For the purposes of this Part, in relation to land in England and Wales which is common land, "occupier" includes the commoners or any of them; and
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(a) "common land" means common land as defined in section 22 of the Commons Registration Act 1965; and |
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(b) "commoner" means a person with rights of common as defined in that section." |
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| | 5. In the 1981 Act, after Schedule 10 there is inserted the following Schedule-
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"SCHEDULE 10A
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DELEGATION OF APPELLATE FUNCTIONS |
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Interpretation |
| | 1. In this Schedule-
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"appointed person" means a person appointed under section 28D(8) or 28J(10); and |
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"appointment", in the case of any appointed person, means appointment under either of those provisions. |
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Appointments |
| | 2. An appointment under section 28D(8) or 28J(10) must be in writing and-
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(a) may relate to any particular appeal or matter specified in the appointment or to appeals or matters of a description so specified; |
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(b) may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment; and |
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(c) may, by notice in writing given to the appointed person, be revoked at any time by the Secretary of State in respect of any appeal or matter which has not been determined by the appointed person before that time. |
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Powers of appointed person |
| | 3. Subject to the provisions of this Schedule, an appointed person shall, in relation to any appeal or matter to which his appointment relates, have the same powers and duties as the Secretary of State, other than-
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(a) any function of making regulations; |
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(b) any function of holding an inquiry or other hearing or of causing an inquiry or other hearing to be held; or |
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(c) any function of appointing a person for the purpose- |
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(i) of enabling persons to appear before and be heard by the person so appointed, or
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(ii) of referring any question or matter to that person.
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Holding of local inquiries and other hearings by appointed persons |
| | 4. - (1) If either of the parties to an appeal or matter expresses a wish to appear before and be heard by the appointed person, the appointed person shall give both of them an opportunity of appearing and being heard.
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(2) Whether or not a party to an appeal or matter has asked for an opportunity to appear and be heard, the appointed person-
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(a) may hold a local inquiry or other hearing in connection with the appeal or matter, and |
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(b) shall, if the Secretary of State so directs, hold a local inquiry in connection with the appeal or matter. |
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(3) Where an appointed person holds a local inquiry or other hearing by virtue of this Schedule, an assessor may be appointed by the Secretary of State to sit with the appointed person at the inquiry or hearing and advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal or matter.
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(4) Subject to section 28D(10) or 28J(12), the costs of a local inquiry held under this Schedule shall be defrayed by the Secretary of State.
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Revocation of appointments and making of new appointments |
| | 5. - (1) Where under paragraph 2(c) the appointment of the appointed person is revoked in respect of any appeal or matter, the Secretary of State shall, unless he proposes to determine the appeal or matter himself, appoint another person under section 28D(8) or 28J(10) to determine the appeal or matter instead.
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(2) Where such a new appointment is made, the consideration of the appeal or matter, or any hearing in connection with it, shall be begun afresh.
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(3) Nothing in sub-paragraph (2) shall require any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.
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Certain acts and omissions of appointed persons to be treated as those of the Secretary of State |
| | 6. - (1) Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates shall be treated for all purposes as done or omitted to be done by the Secretary of State.
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(2) Sub-paragraph (1) shall not apply-
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(a) for the purposes of so much of any contract made between the Secretary of State and the appointed person as relates to the exercise of the function; or |
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(b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that sub-paragraph." |
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