Countryside and Rights of Way Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
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.")
 
  
BY THE BARONESS BYFORD
THE EARL OF CAITHNESS
 
458A*     Page 91, line 1, leave out ("and enhancement") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
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") 
  
BY THE BARONESS BYFORD
THE EARL OF CAITHNESS
 
463A*     Page 92, line 17, at end insert--
 
    ("(  )  Where a notice under subsection (3) has been given and is subsequently withdrawn, the Council shall reimburse any costs reasonably incurred by any of the persons mentioned in subsection (3) in making any representation or objection in relation to the notice.")
 
  
BY THE LORD WHITTY
 
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") 
  
BY THE BARONESS WILCOX
 
483A*     Page 97, line 11, after ("wait") insert ("for the Council to provide its advice or") 
483B*     Page 97, line 29, at end insert--
 
    ("(6A)  Subsections (2) to (6) above shall not apply if the Council and section 28E authority agree that certain permissions for activities notified under section 28(4)(b) are unlikely to damage any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest.
 
    (6B)  Any agreement reached under subsection (6A) shall be an agreement in writing and subject to review if the Council are of the opinion that the permissions in the agreement may be causing damage to the features by reason of which the site of special scientific interest is of special interest.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
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.")
 
  
BY THE BARONESS BYFORD
THE EARL OF CAITHNESS
 
486A*     Page 97, line 40, leave out from ("interest") to end of line 42 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
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).")
 
  
BY THE BARONESS BYFORD
THE EARL OF CAITHNESS
 
487A*     Page 98, line 29, at end insert--
 
    ("(  )  Where a notice under subsection (3) has been given and is subsequently withdrawn, the Council shall reimburse any costs reasonably incurred by any of the persons mentioned in subsection (3) in making any representation or objection in relation to the notice.")
 
487B*     Page 98, line 51, leave out ("or restored") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
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 BYFORD
THE EARL OF CAITHNESS
 
497A*     Page 102, line 33, after ("functions)") insert ("or an owner or occupier of the land in question who is acting in accordance with a statement given under section 28(4)") 
  
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 BARONESS WILCOX
 
498A*     Page 102, line 42, at end insert ("unless one of the conditions specified in subsection (6A) is fulfilled.
 
    (6A)  The conditions are that the person is--
    (a)  acting in accordance with an agreement in writing reached with the Council,
    (b)  acting in accordance with a permission issued by a section 28E authority that has complied with section 28G.")
 
  
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)") 
  
After Schedule 9
 
  
BY THE LORD WHITTY
 
515     Insert the following new Schedule-- 
 ("SCHEDULE 
 TRANSITIONAL PROVISIONS AND SAVINGS RELATING TO SITES OF SPECIAL SCIENTIFIC INTERESt 
 Interpretation 
     1.--(1)  In this Schedule--
    the Nature Conservancy Council" has the meaning given by section 27A of the 1981 Act;
    old section 28" means section 28 of the 1981 Act as it had effect before its substitution by section 66(1) of and Schedule 8 to this Act;
    new section 28" means section 28 of the 1981 Act as substituted by section 66(1) of and Schedule 8 to this Act; and
    the substitution date" means the date on which new section 28 is substituted for old section 28,
and references to other sections are to those sections in the 1981 Act unless otherwise specified.
 
     (2)  Nothing in this Schedule prejudices the application of section 16 (general savings) or 17 (repeal and re-enactment) of the Interpretation Act 1978 to any case not provided for in this Schedule. 
 Notifications given under old section 28 
     2.  Except as mentioned in paragraphs 4 and 5, a notification under old section 28(1)(a), (b) or (c) (including one having effect in modified form by virtue of old section 28(4C)) has effect from the substitution date as if it were a notification under new section 28(1)(a), (b) or (c) respectively.
 
    3.  A notice under old section 28(4A)(a) or (b) has effect from the substitution date as if it were a notice under new section 28(5)(a) or (b) respectively.
 
 Modification of operation of new section 28 
     4.  New section 28(2) does not apply to a notification taking effect as mentioned in paragraph 2.
 
    5.  The words following paragraph (b) in new section 28(4) do not apply to a notification taking effect as mentioned in paragraph 2, but instead paragraph 6 applies.
 
    6.--(1)  The Nature Conservancy Council shall, within the period of five years beginning with the substitution date, give a notice to every owner and occupier of any land which is the subject of--
    (a)  a notification under old section 28(4A)(b), or
    (b)  a notice under new section 28(5)(b) following a notification under old section 28(1),
containing a statement of the Council's views about the matters referred to in the words following paragraph (b) in new section 28(4).
 
    (2)  The notice shall 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 it may be made; and the Council shall consider any representation or objection duly made.
 
    (3)  Within the period of two months beginning immediately after the period of three months referred to in sub-paragraph (2), the Council shall give a notice to every owner and occupier of the land confirming the statement referred to in sub-paragraph (1) or containing a revised statement.
 
 Modification of operation of section 28A 
     7.--(1)  This paragraph applies to a notification under old section 28(1) given-- 
 
    (a)  before the commencement of the Wildlife and Countryside (Amendment) Act 1985; or
    (b)  after the commencement of that Act but preceded by a notice under section 28(2) as originally enacted, given during the six months immediately preceding that commencement.
    (2)  In relation to a notification to which this paragraph applies, the reference in section 28A(1) to--
    (a)  notice given under section 28(5)(b) confirming a notification with or without modifications, and
    (b)  the confirmed notification,
shall be construed as a reference to the notification under old section 28(1).
 
 Modification of operation of section 28C 
     8.--(1)  Except as provided in paragraph 9--
    (a)  a notice given under old section 28(5)(a) has effect from the substitution date as if it were a notice given under section 28C(1)(a); and
    (b)  a consent given under old section 28(6)(a) has effect from that date as if it were a consent under section 28C(3)(a).
    (2)  In relation to such a consent, section 28C has effect as if for subsections (7) and (7A) there were substituted--
        (7)  A notice under subsection (6) must include a notice of--
      (a)  the Council's reasons for withdrawing or modifying the consent;
      (b)  the rights of appeal under section 28D;
      (c)  the effect of subsection (8); and
      (d)  the effect of section 28K."
    9.--(1)  Subject to paragraph 10, this paragraph applies where--
    (a)  a notice has been given under old section 28(5)(a) before the substitution date;
    (b)  on the substitution date neither of the conditions set out in old section 28(6)(a) and (b) is fulfilled; and
    (c)  on the substitution date four months have expired since the notice under old section 28(5)(a) was given,
but even if those conditions are fulfilled, this paragraph does not apply in relation to operations specified in a notice under section 29(4)(a) on any land if immediately before the substitution date an order under section 29 was in effect in relation to that land.
 
    (2)  Where this paragraph applies, but subject to sub-paragraph (7), the prohibition in section 28C(1) on carrying out, or causing or permitting to be carried out, an operation does not apply in relation to an operation specified in the notice under old section 28(5)(a).
 
    (3)  Where this paragraph applies, the Nature Conservancy Council may, on or after the substitution date, give a notice (a "stop notice") to every owner and occupier of the land to which the stop notice is to apply.
 
    (4)  A stop notice is to specify--
    (a)  the date on which it is to take effect;
    (b)  the operations to which it applies; and
    (c)  the land to which it applies,
and must contain a notice of the right of the person to whom the stop notice is given to appeal against it in accordance with paragraph 11, and a notice of the effect of sub-paragraph (8).
 
    (5)  The date on which a stop notice is to take effect may not be sooner than the end of the period of three days beginning with the date the stop notice is given, unless the Council consider that there are special reasons which justify a shorter period, and a statement of those reasons is included with the stop notice.
 
    (6)  The operations to which a stop notice may apply are all or any of the operations specified in the notice under old section 28(5)(a).
 
    (7)  From the date on which the stop notice takes effect, sub-paragraph (2) of this paragraph ceases to apply in relation to the operations specified in the stop notice on the land to which the stop notice applies.
 
    (8)  Where the Council give a stop notice, they shall make a payment to any owner or occupier of the land who suffers loss because of it.
 
    (9)  The amount of a payment under sub-paragraph (8) is to be determined by the Council in accordance with guidance given and published by the Ministers (within the meaning of section 50).
 
    (10)  Section 50(3) applies to the determination of the amount of a payment under sub-paragraph (8) as it applies to the determination of the amount of payments under that section.
 
    (11)  This paragraph ceases to apply, in relation to any operation specified in the notice referred to in sub-paragraph (1)(a) except an operation to which a stop notice applies, if the operation has not begun before the end of the period of--
    (a)  three years beginning with the substitution date; or
    (b)  in a case falling within paragraph 10(2) or (3), three years beginning immediately after the expiry of the period of one month or longer referred to there.
    10.--(1)  An agreement under old section 28(6A) in effect immediately before the substitution date has effect from the substitution date as an agreement that paragraph 9 is not to apply in relation to the operation which is the subject of the agreement; and, accordingly, paragraph 9 does not apply in relation to that operation (as regards both the owner and the occupier of the land).
 
    (2)  Where a notice has been given under old section 28(6B) before the substitution date, paragraph 9 has effect, in relation to the operation in question, as if for the period mentioned in paragraph 9(1)(c) there were substituted the period of one month from the giving of the notice or (if a longer period is specified in the notice) that longer period.
 
    (3)  If after an agreement has taken effect as mentioned in sub-paragraph (1) the relevant person (whether a party to the agreement or not) gives the Nature Conservancy Council written notice that he wishes to terminate the agreement, then as from the giving of the notice paragraph 9 has effect, in relation to the operation in question (as regards both the owner and the occupier of the land), as if for the period mentioned in paragraph 9(1)(c) there were substituted the period of one month from the giving of the notice or (if a longer period is specified in the notice) that longer period.
 
    (4)  In sub-paragraph (3), "relevant person" has the same meaning as in old section 28(6C).
 
    11.--(1)  A person to whom a stop notice is given may by notice appeal against it to the Secretary of State, but meanwhile it remains in effect.
 
    (2)  Section 28D(3) to (11) shall apply in relation to such an appeal as they apply in relation to an appeal against a decision to withdraw a consent (see section 28D(1)(d)), but with the following modifications--
    (a)  as if, in section 28D(3), for paragraphs (a) and (b) and the following words "or, in either case," there were substituted "within the period of two months beginning with the date of the stop notice, or"; and
    (b)  as if, for section 28D(5), there were substituted--
          (5)  On determining the appeal, the Secretary of State may quash or affirm the stop notice; and if he affirms it, he may do so either in its original form or with the removal from it of such operations as he thinks fit, or in relation to such reduced area of land as he thinks fit."
    12.--(1)  The Nature Conservancy Council may, by notice given to every owner and occupier of land to which a stop notice applies, vary a stop notice by removing any operation to which it applies or reducing the area of land to which it applies.
 
    (2)  Where after giving a stop notice--
    (a)  the Council consent to an operation to which the stop notice applies;
 
 
    (b)  an operation to which it applies becomes one which may be carried out under the terms of an agreement under section 16 of the National Parks and Access to the Countryside Act 1949 or section 15 of the Countryside Act 1968; or
    (c)  an operation to which it applies becomes one which may be carried out in accordance with a management scheme under section 28H or a management notice under section 28I,
the stop notice shall be deemed to be varied accordingly by the removal from the stop notice of the operation in question in relation to the land to which the consent, agreement or management scheme or notice relates.
 
 Modification of operation of section 28D 
     13.--(1)  Section 28D(1)(a) does not apply to a refusal of a consent under old section 28(6)(a).
 
    (2)  Section 28D(1)(b) does not apply to consents taking effect as mentioned in paragraph 8(1)(b).
 
 Modification of operation of section 28F 
     14.  Section 28F does not apply in relation to operations which have already begun on the date section 28F comes into force. 
 Section 29 
     15. Paragraphs 16 and 17 apply where, immediately before the coming into force of paragraph 2 of Schedule 8 to this Act, there is in effect an order applying section 29(3) to any land ("the relevant land").
 
    16.--(1)  If the relevant land is not included in a site of special scientific interest, section 28C applies to it as if it were (and accordingly section 28M(1) applies also); and references in section 28C to a notification under section 28(1)(b) shall be construed as references to an order under section 29.
 
    (2)  Whether or not the relevant land is included in a site of special scientific interest, a notice given under section 29(4)(a) has effect as if it were a notice given under section 28C(1)(a), except as provided in paragraph 17.
 
    (3)  Whether or not the relevant land is included in a site of special scientific interest, a consent given under section 29(5)(a) has effect as if it were a consent given under section 28C(3)(a), and in relation to such a consent section 28C has effect as if for subsections (7) and (7A) there were substituted--
        (7)  A notice under subsection (6) must include a notice of--
      (a)  the Council's reasons for withdrawing or modifying the consent;
      (b)  the rights of appeal under section 28D;
      (c)  the effect of subsection (8); and
      (d)  the effect of section 28K."
    17.--(1)  This paragraph applies where--
    (a)  a notice has been given under section 29(4)(a) before the repeal of section 29 by paragraph 2 of Schedule 8 to this Act;
    (b)  on the date on which paragraph 2 of Schedule 8 to this Act comes into force, neither of the conditions set out in section 29(5)(a) and (b) is fulfilled; and
    (c)  on that date the period mentioned in paragraph (c) of section 29(5) (or in that paragraph as it has effect by virtue of section 29(6) or (7)) has expired.
    (2)  Where this paragraph applies, but subject to paragraph 9(7) as it has effect by virtue of sub-paragraph (3) of this paragraph, the prohibition in section 28C(1) on carrying out, or causing or permitting to be carried out, an operation does not apply in relation to an operation specified in the notice under section 29(4)(a).
 
    (3)  Paragraphs 9(3) to (11) and 11 of this Schedule apply also in relation to this paragraph, but as if--
    (a)  in those provisions references to a notice under old section 28(5)(a) were to a notice under section 29(4)(a); and
    (b)  the reference to "sub-paragraph (2)" in paragraph 9(7) were to sub-paragraph (2) of this paragraph.
    18.--(1)  This paragraph applies where--
    (a)  as a result of the coming into force of paragraph 2 of Schedule 8 to this Act, a local inquiry or a hearing (as mentioned in paragraph 4(1)(a) and (b) respectively of Schedule 11 to the 1981 Act) comes to an end, and
    (b)  an owner or occupier of land in relation to which an order under section 29 has been made has incurred expense in connection with opposing the order at the local inquiry or hearing.
    (2)  If this paragraph applies, the Nature Conservancy Council shall (subject to sub-paragraph (3)) pay a person's expenses referred to in paragraph (1)(b) to the extent that they are reasonable.
 
    (3)  The Council need not pay any such expenses unless the person--
    (a)  applies to the Council for such a payment; and
    (b)  satisfies the Council that he has incurred the expenses.
 
 Compensation and grants 
     19.--(1)  Despite its repeal by paragraph 2 of Schedule 8 to this Act, section 30 (compensation where order made under section 29) continues to apply in connection with an order made under section 29 before the coming into force of that paragraph.
 
    (2)  After the repeal of section 29 by that paragraph, section 32 (duties of agriculture Ministers with respect to areas of special scientific interest) continues to apply, in relation to an application under that section relating to land to which section 29(3) applied immediately before its repeal, as if that land were included in a site of special scientific interest.
 
 Offences and restoration orders 
     20.--(1)  Section 28M does not have effect in relation to an offence committed before the substitution date, but old section 28 or, as the case may be, section 29, has effect instead.
 
    (2)  In relation to an offence under section 29, section 31 as it had effect before the coming into force of paragraph 3 of Schedule 8 to this Act shall continue to apply.")
1978 c. 30.
1985 c. 31.
12, 13 & 14 Geo. 6, c.97.
1968 c. 41.
  
Clause 68
 
  
BY THE LORD WHITTY
 
516     Page 42, line 45, leave out ("the Nature Conservancy Council for England") and insert ("English Nature") 
517     Page 43, line 18, leave out ("The Nature Conservancy Council for England") and insert ("English Nature") 
  
After Clause 68
 
  
BY THE BARONESS BYFORD
THE LORD JUDD
 
518     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State and the National Assembly for Wales shall each determine and keep under review from time to time--
    (a)  the species and habitats of conservation concern; and
    (b)  from amongst such species and habitats, the priority species and priority habitats of conservation concern,
which, as regards the Secretary of State, occur in England and, as regards the National Assembly for Wales, occur in Wales.
 
    (2)  The Secretary of State and the National Assembly for Wales shall each establish the criteria for determining the species and habitats under subsection (1), having regard to--
    (a)  the advice of the relevant nature conservation body; and
    (b)  the criteria which have hitherto been relied upon in determining the species and habitats of conservation concern and priority species and habitats of conservation concern in the United Kingdom under the existing Biodiversity Action Plan regime,
and, taking into account the advice of the relevant nature conservation body, may from time to time review such criteria.
 
    (3)  The Secretary of State and the National Assembly for Wales shall each--
    (a)  take measures to promote the conservation, restoration and enhancement, by any person, of the species and habitats of conservation concern determined by him or it in accordance with paragraph (a) of subsection (1);
    (b)  take additional measures to promote the conservation, restoration and enhancement, by any person, of the priority species and priority habitats of conservation concern determined by him or it in accordance with paragraph (b) of subsection (1); and
    (c)  compile, publish and maintain, in such form as he or it thinks fit, a register of the species and habitats of conservation concern and the priority species and priority habitats of conservation concern determined by him or it in accordance with subsection (1).
    (4)  Every Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) and government department shall, when exercising their functions and consistent with the proper exercise thereof, secure or further the implementation of the measures taken in accordance with paragraph (a) of subsection (3) and additional measures taken in accordance with paragraph (b) of subsection (3).
 
    (5)  It shall be the duty of the Secretary of State and of the National Assembly for Wales--
    (a)  to ensure that the register referred to in paragraph (c) of subsection (3) is available, at all reasonable times, for inspection by the public free of charge; and
    (b)  to afford members of the public facilities for obtaining copies of entries, on payment of reasonable charges.
    (6)  In this section--
    (a)  a reference to "the existing Biodiversity Action Plan regime" is a reference to the regime set out in the publications entitled--
          (i)  Biodiversity: The UK Steering Group Report, volume 1: Meeting the Rio Challenge, 1995;
          (ii)  Biodiversity: The UK Steering Group Report, volume 2: Action Plans, 1995; and
          (iii)  Government Response to the UK Steering Group Report on Biodiversity, 1995;
    (b)  the relevant nature conservation body" means--
          (i)  in respect of the Secretary of State and in respect of species and habitats which occur in England, the Nature Conservancy Council for England; and
          (ii)  in respect of the National Assembly for Wales and in respect of species and habitats which occur in Wales, the Countryside Council for Wales.")
Statutory underpinning of the Biodiversity Action Plan.
  
Clause 69
 
  
    
 
519     [Withdrawn] 
  
BY THE BARONESS DAVID
 
520     Page 43, line 46, at end insert--
 
    ("(  )  In section 34 of the 1981 Act (limestone pavement orders), in subsection (4) for "or disturbs" there is substituted ", disturbs or sells".")
 
  
After Clause 69
 
  
BY THE LORD WHITTY
 
521     Insert the following new Clause-- 
 ("Payments under certain agreements 
     .  In section 50 of the 1981 Act (which makes provision relating to payments under section 16 of the National Parks and Access to the Countryside Act 1949 or section 15 of the Countryside Act 1968), in subsection (1)(a), for sub-paragraphs (i) and (ii) and the preceding word "to" there is substituted "to any person; or".")Payments under agreements under s.16 of 1949 Act or s.15 of 1968 Act.
1949 c. 97.
1968 c. 41.
  
BY THE LORD BEAUMONT OF WHITLEY
 
521A     Insert the following new Clause-- 
 ("Local wildlife sites 
     .  English Nature, as regards England, and the Countryside Council for Wales, as regards Wales, shall formulate standards for the identification of local wildlife sites by any relevant local authority and from time to time shall report to the Secretary of State and the National Assembly for Wales on the status of such sites.")Local wildlife sites.
  
After Clause 71
 
  
BY THE LORD WHITTY
 
522     Insert the following new Clause-- 
 ("PART IIIA 
 AREAS OF OUTSTANDING NATURAL BEAUTy 
     .--(1)  Where it appears to the Countryside Agency (in this Part referred to as "the Agency") that an area which is in England but not in a National Park is of such outstanding natural beauty that it is desirable that the provisions of this Part relating to areas designated under this section should apply to it, the Agency may, for the purpose of conserving and enhancing the natural beauty of the area, by order designate the area for the purposes of this Part as an area of outstanding natural beauty.
 
    (2)  Where it appears to the Countryside Council for Wales (in this Part referred to as "the Council") that an area which is in Wales but not in a National Park is of such outstanding natural beauty that it is desirable that the provisions of this Part relating to areas designated under this section should apply to it, the Council may, for the purpose of conserving and enhancing the natural beauty of the area, by order designate the area for the purposes of this Part as an area of outstanding natural beauty.
 
    (3)  In this Part "area of outstanding natural beauty" means an area designated under this section as an area of outstanding natural beauty.")
Designation of areas.
523     Insert the following new Clause-- 
     ("  .--(1)  Where the Agency or the Council propose to make an order under section (Designation of areas), the Agency or the Council shall consult every local authority whose area includes any part of the area to which the proposed order is to relate.
 
    (2)  Before making the order, the Agency or the Council shall then publish, in the London Gazette and in one or more newspapers circulating in the area of every such local authority, notice that they propose to make the order, indicating the effect of the order and stating the time within which and manner in which representations with respect to the proposed order may be made to the Agency or the Council (as the case may be), and shall consider any representations duly made.
 
    (3)  An order under section (Designation of areas) shall not come into operation unless and until confirmed--
    (a)  in the case of an order made by the Agency, by the Secretary of State, or
    (b)  in the case of an order made by the Council, by the National Assembly for Wales,
and, in submitting any such order to the Secretary of State or the Assembly, the Agency or Council shall forward to the Secretary of State or the Assembly any representations made by a local authority consulted under subsection (1) or made by any other person under subsection (2), other than representations to which effect is given by the order as submitted to the Secretary of State or the Assembly.
 
    (4)  The Secretary of State or the National Assembly for Wales may confirm an order submitted to him or it under this section either as submitted or with such modifications as the Secretary of State or the Assembly thinks expedient.
 
    (5)  Before refusing to confirm an order under section (Designation of areas), or determining to confirm it with modifications, the Secretary of State shall consult the Agency and every local authority whose area includes any land to which the order as submitted, or as proposed to be modified, relates.
 
    (6)  Before refusing to confirm an order under section (Designation of areas), or determining to confirm it with modifications, the National Assembly for Wales shall consult the Council and every local authority whose area includes any land to which the order as submitted, or as proposed to be modified, relates.
 
    (7)  An order under section (Designation of areas) may be revoked or varied by a subsequent order under that section.
 
    (8)  Without prejudice to the powers of the Agency or the Council to vary an order under section (Designation of areas), the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order vary any order under that section made by the Agency or the Council; and subsection (1) applies to any order under section (Designation of areas) made by the Secretary of State or the Assembly by virtue of this subsection with the substitution for references to the Agency of references to the Secretary of State and for references to the Council of references to the Assembly.
 
    (9)  It is the duty of the Agency and the Council to secure that copies of any order under section (Designation of areas) relating to England or, as the case may be, to Wales, are available for inspection by the public at all reasonable times--
    (a)  at the office of the Agency or, as the case may be, the Council,
    (b)  at the offices of each local authority whose area includes any part of the area to which the order relates, and
    (c)  at such other place or places in or near that area as the Agency or, as the case may be, the Council may determine.")
Procedure for designation orders.
 
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