Wildlife and Countryside (Amendment) Act 1985
| Jurisdiction | UK Non-devolved |
| Citation | 1985 c. 31 |
(1) Section 28 of the principal Act (notification of areas of special scientific interest) shall be amended as follows.(2) For subsection (2) (preliminary notices) there shall be substituted—
- “(2) A notification under subsection (1) shall specify the time (not being less than three months from the date of the giving of the notification) within which, and the manner in which, representations or objections with respect thereto may be made; and the Council shall consider any representation or objection duly made.
- “(4A) Where a notification under subsection (1) has been given, the Council may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either—
- (a) give notice to the persons mentioned in subsection (1) withdrawing the notification; or
- (b) give notice to those person confirming the notification (with or without modifications) ;
- (i) on the giving of notice of its withdrawal under paragraph (a) of this subsection to any of the persons mentioned in subsection (1) , or
- (ii) if not withdrawn or confirmed by notice under paragraph (a) or (b) of this subsection within the said period of nine months, at the end of that period.
- “(6A) If before the expiry of the four months referred to in subsection (6) (c) the relevant person agrees with the Council in writing that, subject to subsection (6B) , the condition specified in paragraph (c) of subsection (6) shall not apply in relation to the operation mentioned in subsection (5) (a) , then subject to subsection (6B) , subsection (5) shall as from the date of the agreement have effect in relation to the operation in question (as regards both the owner and the occupier of the land) as if paragraph (c) of subsection (6) were omitted.
- (6B) If after an agreement has been made with the Council under subsection (6A) the relevant person (whether a party to the agreement or not) gives the Council written notice that he wishes to terminate the agreement, then as from the giving of the notice subsection (5) shall have effect in relation to the operation in question (as regards both the owner and the occupier of the land) as if paragraph (c) of subsection (6) specified the condition that one month or, if the notice under this subsection specifies a longer period, that longer period has expired from the giving of the notice under this subsection.
- (6C) In subsections (6A) and (6B) “the relevant person”—
- (a) in a case where the notice under subsection (5) was given by the owner of the land in question, means the owner of that land;
- (b) in a case where that notice was given by the occupier of that land, means the occupier of that land.
- “(12) The Council shall compile and maintain a register of notifications in respect of each local planning authority in Scotland.
- (12A) There shall be included in any such register as is mentioned in subsection (12) —
- (a) copies of all notifications given under subsection (1) which relate wholly or partly to land situated within the district of the authority;
- (b) copies of all plans...
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