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Make provision about bodies concerned with the natural environment and |
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rural communities; to make provision in connection with wildlife, sites of |
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special scientific interest, National Parks and the Broads; to amend the law |
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relating to rights of way; to make provision as to the Inland Waterways |
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Amenity Advisory Council; to provide for flexible administrative |
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arrangements in connection with functions relating to the environment and |
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rural affairs and certain other functions; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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Natural England and the Commission for Rural Communities |
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Constitution and general purpose |
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(1) | There is to be a body known as Natural England. |
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(2) | Natural England is to have the functions conferred on it by or under this Act or |
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(3) | Except where otherwise expressly provided, Natural England’s functions are |
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exercisable in relation to England only. |
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(4) | English Nature and the Countryside Agency are dissolved and their functions |
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are (subject to the provisions of this Act) transferred to Natural England. |
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(5) | Schedule 1 contains provisions about the constitution of Natural England and |
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(1) | Natural England’s general purpose is to ensure that the natural environment |
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is conserved, enhanced and managed for the benefit of present and future |
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generations, thereby contributing to sustainable development. |
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(2) | Natural England’s general purpose includes— |
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(a) | promoting nature conservation and protecting biodiversity, |
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(b) | conserving and enhancing the landscape, |
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(c) | securing the provision and improvement of facilities for the study, |
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understanding and enjoyment of the natural environment, |
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(d) | promoting access to the countryside and open spaces and encouraging |
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(e) | contributing in other ways to social and economic well-being through |
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management of the natural environment. |
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(1) | Natural England must keep under review all matters relating to its general |
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(2) | When reviewing any matter, Natural England must consult such bodies as |
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appear to it to have an interest in the matter. |
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(a) | undertake research into any matter relating to its general purpose, or |
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(b) | commission or support (by financial means or otherwise) research into |
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(4) | In discharging its functions in monitoring nature conservation, carrying out |
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research or analysing the resultant information, Natural England must have |
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regard to common standards established under section 34(2)(c). |
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(1) | Natural England must, at the request of a public authority, give advice to that |
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authority on any matter relating to Natural England’s general purpose. |
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(2) | Subsection (3) applies if Natural England has reason to believe that advice |
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given under subsection (1) has been rejected. |
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(3) | At the request of Natural England, the public authority must inform Natural |
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England in writing whether the advice has been rejected and, if so, why. |
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(4) | Natural England may give advice to any person on any matter relating to its |
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(a) | at the request of that person, or |
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(b) | if Natural England thinks it appropriate to do so, on its own initiative. |
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(5) | The advice that may be given under this section includes, in relation to any |
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power to make byelaws, recommendations as to the matters in respect of which |
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General implementation powers |
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5 | Carrying out proposals etc. |
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(a) | carry out proposals which appear to it to further its general purpose, or |
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(b) | assist in, coordinate or promote the carrying out of such proposals by |
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6 | Financial and other assistance |
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(1) | Natural England may give financial assistance to any person, if doing so |
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appears to it to further its general purpose. |
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(2) | Financial assistance under this section may be given in any form, and may in |
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particular be given by way of a grant, a loan or a guarantee. |
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(3) | Financial assistance under this section may be given subject to conditions, |
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including (in the case of a grant) conditions for repayment in specified |
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(4) | Natural England may, if doing so appears to it to further its general |
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purpose, provide assistance to any person by making available goods or |
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equipment free of charge or at a reduced cost. |
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(1) | Natural England may make an agreement (a “management agreement”) with |
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a person who has an interest in land about the management or use of the land, |
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if doing so appears to it to further its general purpose. |
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(2) | A management agreement may, in particular— |
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(a) | impose on the person who has an interest in the land obligations in |
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respect of the use of the land; |
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(b) | impose on the person who has an interest in the land restrictions on the |
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exercise of rights over the land; |
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(c) | provide for the carrying out of such work as may be expedient for the |
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purposes of the agreement by any person or persons; |
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(d) | provide for any matter for which a management scheme relating to a |
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site of special scientific interest provides (or could provide); |
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(e) | provide for the making of payments by either party to the other party |
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(f) | contain incidental and consequential provision. |
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(3) | A management agreement is, unless the agreement otherwise provides— |
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(a) | binding on persons deriving title under or from the person with whom |
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Natural England makes the agreement, and |
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(b) | enforceable by Natural England against those persons. |
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(4) | Schedule 2 to the Forestry Act 1967 (c. 10) (power for tenant for life and others |
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to enter into forestry dedication covenants) applies to management |
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agreements as it applies to forestry dedication covenants. |
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(5) | For the purposes of any enactment or rule of law as to the circumstances in |
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which the dedication of a highway or the grant of an easement may be |
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presumed, or may be established by prescription, the use by the public or by |
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any person of a way across land at any time while it is the subject of a |
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management agreement is to be disregarded. |
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(6) | “Interest in land” has the same meaning as in the National Parks and Access to |
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the Countryside Act 1949 (c. 97). |
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(7) | “Management scheme” and “site of special scientific interest” have the same |
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meaning as in Part 2 of the Wildlife and Countryside Act 1981 (c. 69). |
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(a) | make and carry out experimental schemes designed to establish ways |
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in which its general purpose might be furthered, or |
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(b) | promote the making and carrying out of such schemes. |
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(2) | A scheme is experimental if it involves— |
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(a) | the development or application of new methods, concepts or |
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(b) | the testing or further development of existing methods, concepts or |
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(3) | Before making an experimental scheme, Natural England must consult such |
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persons as appear to it to have an interest in the subject matter of the scheme. |
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(4) | The Secretary of State may, in a particular case, authorise Natural England to |
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acquire land compulsorily for the purposes of an experimental scheme. |
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(5) | The Acquisition of Land Act 1981 (c. 67) applies to compulsory acquisition of |
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land under subsection (4). |
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(6) | Subsection (4) does not apply in relation to land belonging to the National |
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Trust which is held by the National Trust inalienably. |
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9 | Information services etc. |
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(a) | publish documents or provide information about any matter relating to |
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(b) | assist in the provision of such publications or information. |
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(2) | Nothing in any other enactment imposing a duty or conferring a power on |
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(a) | to publish or assist in the publication of documents of a particular kind, |
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(b) | to provide or assist in the provision of information of a particular kind, |
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| is to be read as limiting the power conferred by subsection (1). |
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