Countryside and Rights of Way Bill -
Amendments to be debated in the House of Lords
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Schedule 8
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
458     Page 90, line 41, at end insert--
 
    ("(  )  In considering any representation or objection duly made, the Council may seek advice on any issue raised in such a representation or objection from any person (other than an employee of the Council) with relevant scientific expertise or experience.")
 
459     Page 91, line 2, at end insert--
 
    ("(  )  In preparing a statement of its views about the management of the land under subsection (4), the Council shall consult every owner and occupier of the land and shall take into account the views expressed by every owner and occupier of the land.")
 
460     Page 91, line 10, at end insert--
 
    ("(  )  The notice given under subsection (5) shall include a statement showing how the Council has addressed any representation or objection duly made under subsection (3) and a statement setting out the Council's views on any such representation or objection.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD
 
461     Page 91, line 29, at end insert--
 
    ("(9A)  The Council shall establish and maintain a list of sites of special scientific interest which shall contain such information as is prescribed by the Secretary of State.")
 
  
BY THE LORD WHITTY
 
462     Page 91, leave out lines 30 to 33 
463     Page 91, line 34, leave out second ("and") and insert ("to") 
464     Page 92, line 23, at end insert-- 
 ("Notification of additional land.     28AA.--(1)  Where the Nature Conservancy Council are of the opinion that if land adjacent to a site of special scientific interest ("the extra land") were combined with the site of special scientific interest ("the SSSI"), the combined area of land would be of special interest by reason of any of its flora, fauna, or geological or physiographical features, the Council 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 extra land is situated;
    (b)  every owner and occupier of any of that extra land; and
    (c)  the Secretary of State.
    (3)  No such notification may be given until after notice has been given under section 28(5)(b) confirming (with or without modifications) the notification under section 28(1) relating to the SSSI.
 
    (4)  Subsections (2) and (3) of section 28 shall apply for the purposes of this section as they apply for the purposes of that section.
 
    (5)  A notification under subsection (2)(b) shall also specify--
    (a)  the area of land constituting the SSSI;
    (b)  what (as at the date of the notification under subsection (2)(b)) is specified or contained in the section 28(1)(b) notification relating to the SSSI by virtue of section 28(4); and
    (c)  the reasons why the Council is of the opinion referred to in subsection (1).
    (6)  In addition, the notification under subsection (2)(b) shall include a statement--
    (a)  saying whether or not anything among the matters specified in the notification by virtue of subsection (5)(c) is particularly relevant to the extra land; and
    (b)  if any such thing is of particular relevance, specifying which.
    (7)  Subsections (5) to (7) of section 28 apply in relation to a notification under subsection (2) of this section as they apply in relation to a notification under subsection (1) of that section, as if references to "subsection (1)" in section 28(5) to (7) were references to subsection (2) of this section.
 
    (8)  As from the time when a notification under subsection (2)(b) is served on the owner or occupier of any land, the notification under section 28(1)(b) shall have effect as if it included the notification under subsection (2)(b).
 
    (9)  As from the time when there is served on the owner or occupier of any land which has been notified under subsection (2)(b) a notice under section 28(5)(b) (as applied by subsection (7) of this section) confirming the notification under subsection (2)(b) with modifications, the notification under section 28(1)(b) (as extended by virtue of subsection (8) of this section) shall have effect in its modified form.
 
    (10)  A local land charge existing by virtue of section 28(9) shall be varied in accordance with a notification under subsection (2) or under section 28(5)(b) as applied by subsection (7) of this section.")
 
465     Page 92, line 23, at end insert-- 
 ("Enlargement of SSSI.     28AB.--(1)  Where the Nature Conservancy Council are of the opinion that any area of land which includes, but also extends beyond, a site of special scientific interest ("the SSSI") is of special interest by reason of any of its flora, fauna, or geological or physiographical features, the Council 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 (including the SSSI) is situated;
    (b)  every owner and occupier of any of that land (including the SSSI); and
    (c)  the Secretary of State.
    (3)  Subsections (2) to (8) of section 28 apply to a notification under subsection (2) of this section as they apply to a notification under subsection (1) of that section, as if references to "subsection (1)" and "subsection (1)(b)" in section 28(2) to (8) were references to subsection (2) and subsection (2)(b) of this section respectively.
 
    (4)  No notification may be given under subsection (2) until after notice has been given under section 28(5)(b) (or section 28(5)(b) as applied by subsection (3)) confirming (with or without modifications) the notification under section 28(1) (or subsection (2)) relating to the SSSI.
 
    (5)  As from the time when a notification under subsection (2) is served on the owner or occupier of any land included in the SSSI, the notification in relation to that land which had effect immediately before the service of the notification under subsection (2) shall cease to have effect.
 
    (6)  A notification under subsection (2)(b) of land in England and Wales shall be a local land charge; and, to the extent that any such land was the subject of a local land charge by virtue of section 28(9), that local land charge shall be discharged.
 
    (7)  A notice under section 28C(1)(a) and a consent under section 28C(3)(a) given before a notification under subsection (2)(b) continue to have effect.
 
    (8)  The enlargement of a site of special scientific interest under this section does not affect anything done under section 28H to 28J.
 
    (9)  Any reference to--
    (a)  a notification under section 28(1) (or any of its paragraphs) shall be construed as including the corresponding notification under subsection (2);
    (b)  a notification under section 28(5)(b) shall be construed as including a notification under that provision as applied by subsection (3); and
    (c)  a local land charge existing by virtue of section 28(9) shall be treated as including one existing by virtue of subsection (6).")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
466     Page 93, line 16, after second ("or") insert ("knowingly") 
467     Page 93, line 36, at end insert--
    ("(d)  that the operation has been carried out in accordance with the   terms of an agreement with a section 28E authority which has   acted in accordance with section 28G")
 
  
BY THE LORD WHITTY
 
468     Page 93, line 43, leave out from first ("to") to end of line 44 and insert ("every owner and occupier of any of the land included in the site of special scientific interest, or the part of it to which the consent relates--") 
469     Page 94, leave out lines 2 to 5 and insert ("matters set out in subsection (7A).
 
    (7A)  The matters referred to in subsection (7) are--
    (a)  the rights of appeal under section 28D;
    (b)  the effect of subsection (8); and
    (c)  in the case of a notice under subsection (6), the effect of section 28K.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD
 
470     Page 94, line 10, at end insert--
 
    ("(8A)  On transfer, disposal or sale of interests and or estate in, over or under registered or unregistered land, the relevant owner or occupier shall in writing notify the Nature Conservancy Council of that fact within four weeks of such transfer, disposal or sale.")
 
  
BY THE LORD WHITTY
 
471     Page 94, line 14, leave out ("a person") and insert ("an owner or occupier") 
472     Page 94, line 16, leave out ("a person") and insert ("an owner or occupier") 
473     Page 94, leave out lines 20 to 22 and insert--
    ("(c)  an owner or occupier who is aggrieved by the modification of a consent;
    (d)  an owner or occupier who is aggrieved by the withdrawal of a consent,")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
474     Page 94, line 30, at end insert--
 
    ("(  )  In any of the circumstances referred to in subsections (1) and (2), the Council shall consider alternative options for securing the conservation of the flora, fauna or geological or physiographical features of the site, and shall discuss any such options with the persons referred to in subsections (1) and (2).")
 
475     Page 94, line 49, at end insert--
 
    ("(  )  In determining an appeal the Secretary of State shall have due regard to the needs of agriculture and forestry and to the economic and social interests of rural areas.")
 
476     Page 95, line 22, after ("person") insert ("(being a person with expertise relevant to the management of land notified under section 28(1))") 
477     Page 96, line 19, leave out ("operations likely to") and insert ("any operation specified in a notification made under section 28(1)(b) or which may") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD
 
478     Page 96, line 30, at end insert--
 
    ("(3A)  Conditions relating to an assent under subsection (3) may require the authority, where reasonably practicable and not involving excessive costs, to restore any damage to the notified interest caused by the operation or where practicable, to provide alternative habitats on land not included in a site of special scientific interest.")
 
  
BY THE LORD WHITTY
 
479     Page 96, line 36, leave out ("requirement") and insert ("requirements") 
480     Page 96, line 49, leave out ("requirement is") and insert ("requirements are--
    (a)")  
 
481     Page 96, line 54, at end insert ("; and
    (b)  that the authority restore the site to its former condition, so far as is reasonably practicable, if any such damage does occur.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD
 
482     Page 96, line 54, at end insert--
 
    ("(  )  Where the Council concludes, on reasonable terms, that they cannot assent to the proposed operations (with or without conditions), they may require that the section 28E authority seek authorisation by a planning permission granted on an application under Part III of the Town and Country Planning Act 1990.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
483     Page 97, line 4, leave out ("operations likely to") and insert ("any operation specified in a notification made under section 28(1)(b) or which may") 
484     Page 97, line 33, leave out (", if they think fit,") 
485     Page 97, line 35, at end insert--
 
    ("(  )  In formulating a management scheme, the Council shall consult every owner and occupier of any of the land (or the part of it to which the scheme would relate) and take account of any views of any such owner or occupier on the management of the land.")
 
486     Page 97, line 35, at end insert--
 
    ("(  )  In preparing a management scheme under subsection (1), the Council may seek advice from any person or persons (other than employees of the Council) with relevant expertise in, or experience of, agriculture, forestry or other forms of land management.")
 
487     Page 97, line 42, at end insert--
 
    ("(  )  A management scheme shall--
    (a)  describe the particular flora, fauna, or geological or physiographical features by reason of which the land to which the scheme relates is of special interest,
    (b)  set out the Council's views about the management needed to conserve that flora or fauna, or those features, taking account of any views offered by the owner or occupier of the land,
    (c)  state which, if any, of the operations specified in the notification given under section 28(1)(b) appears to the Council to be likely to damage that flora or fauna or those features,
    (d)  list those operations, if any, specified in the notification given under section 28(1)(b) to which the Council has given written consent under section 28C(3)(a).")
 
488     Page 99, line 3, after ("agreement") insert ("under section 16 of the 1949 Act or section 15 of the 1968 Act") 
489     Page 99, line 12, leave out ("appear to the Council to") 
490     Page 99, line 26, after ("them") insert ("(excluding any amount previously offered by the Council under a management agreement under subsection (2))") 
491     Page 99, line 33, leave out ("Secretary of State") and insert ("Lands Tribunal") 
492     Page 99, line 37, at end insert--
 
    ("(  )  An appeal under this section may include an appeal against any of the measures listed in a management scheme insofar as these are included in the management notice.")
 
  
BY THE LORD WHITTY
 
493     Page 101, line 16, leave out from ("section") to end of line 19 
494     Page 101, line 21, leave out ("Secretary of State") and insert ("Ministers") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
495     Page 101, line 30, after ("agreement") insert ("under section 16 of the 1949 Act or section 15 of the 1968 Act") 
496     Page 101, line 34, at end insert (";  and
    (c)  that the Council, having made an offer to the owner to purchase the land voluntarily on reasonable terms, is satisfied that it will not be able to do so")
 
497     Page 101, leave out lines 40 to 42 and insert--
    ("(a)  themselves take steps to conserve the flora, fauna or geological or physiographical features in question; or
    (b)  dispose of the land on terms designed to secure that those flora, fauna or features are satisfactorily conserved.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD
 
498     Page 102, line 42, at end insert--
 
    ("(6A)  A person who without reasonable excuse contravenes section 28C(8A) is guilty of an offence and is liable on summary conviction to a fine not exceeding £1000 or on conviction on indictment to a fine.")
 
  
BY THE LORD WHITTY
 
499     Page 103, line 2, at end insert-- 
 ("Change of owner or occupier.     28N.--(1)  This section applies where the owner of land included in a site of special scientific interest--
    (a)  disposes of any interest of his in the land; or
    (b)  becomes aware that it is occupied by an additional or a different occupier.
    (2)  If this section applies, the owner shall send a notice to the Nature Conservancy Council before the end of the period of 28 days beginning with the date on which he disposed of the interest or became aware of the change in occupation.
 
    (3)  The notice is to specify the land concerned and--
    (a)  in a subsection (1)(a) case, the date on which the owner disposed of the interest in the land, and the name and address of the person to whom he disposed of the interest; or
    (b)  in a subsection (1)(b) case, the date on which the change of occupation took place (or, if the owner does not know the exact date, an indication of when to the best of the owner's knowledge it took place), and, as far as the owner knows them, the name and address of the additional or different occupier.
    (4)  A person who fails without reasonable excuse to comply with the requirements of this section is guilty of an offence and is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
 
    (5)  For the purposes of subsection (1), an owner "disposes of" an interest in land if he disposes of it by way of sale, exchange or lease, or by way of the creation of any easement, right or privilege, or in any other way except by way of mortgage.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD
 
500     Page 103, line 3, leave out paragraph 2 and insert--
 
    ("2.--(1)  Section 29 (special protection for certain areas of special scientific interest) is amended as follows.
 
    (2)  In subsection (1)(b), after "features" there is inserted "notified as being of special interest".
 
    (3)  Omit subsection (2).
 
    (4)  In subsection (3), omit "Subject to subsection (4),".
 
    (5)  Omit subsections (4), (5), (6), (7) and (10).
 
    (6)  After subsection (11) there is inserted--
        (12)  This section does not apply to owners and occupiers of land which is a site of special scientific interest."")
 
501     Page 103, line 14, at end insert ("or
    (c)  a person is convicted of an offence under section 29,")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
502     Page 103, line 17, after ("operations") insert ("which are reasonable, practicable and necessary") 
  
BY THE LORD WHITTY
 
503     Page 103, line 21, at end insert--
 
    ("  .  In section 32 (duties of agriculture Ministers with respect to areas of special scientific interest), in subsection (1), for "land notified under section 28(1)" there is substituted "land included in a site of special scientific interest".")
 
504     Page 103, line 28, at end insert--
 
    ("(  )  In subsection (2), after "district planning authority" insert "and, in sections 28 to 28B, shall also be construed in accordance with section 28(11);"")
 
505     Page 103, line 33, at end insert--
    ("(d)  extended under section 28AA(2), or
    (e)  extended with modifications by virtue of section 28AA(7),")
 
506     Page 103, line 34, leave out ("in subsection (1), and in sections 28 to 28M,") 
507     Page 103, line 36, leave out from first ("as") to end of line and insert ("thus altered") 
508     Page 103, line 36, at end insert--
 
    ("(  )  References to a notification under section 28(1) or 28(5)(b), or to a local land charge existing by virtue of section 28(9), shall be construed in accordance with section 28AB(9).")
 
  
Clause 67
 
  
BY THE LORD WHITTY
 
509     Page 42, line 37, at end insert--
 
    ("(  ) Schedule (Transitional provisions and savings relating to sites of special scientific interest) (which makes transitional provisions and savings relating to the coming into force of section 66) has effect.")
 
  
After Clause 67
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
510     Insert the following new Clause-- 
     (".  In section 17 of the National Parks and Access to the Countryside Act 1949 (compulsory acquisition of land by Conservancy for establishment of nature reserves), for the words "on terms appearing to them reasonable" there is substituted ", on reasonable terms,".")Compulsory acquisition of land by Nature Conservancy for establishment of nature reserves.
  
Schedule 9
 
  
BY THE LORD WHITTY
 
511     Page 106, leave out line 1 
512     Page 106, leave out line 5 
513     Page 106, line 7, at end insert-- 
 ("Harbours Act 1964 (c. 40) 
     .  In Schedule 3 to the Harbours Act 1964 (procedure for making harbour revision and empowerment orders), in paragraph 1 (interpretation), for paragraph (a) of the definition of "sensitive area" there is substituted--
    (a)  land within a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);".")
 
514     Page 106, line 37, leave out ("development)") and insert ("zone)") 
 
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