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Nature Conservation (Scotland) Act 2004

Type Act of the Scottish Parliament

Publication 2004-06-11

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — Biodiversity

Duty to further the conservation of biodiversity

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(1) It is the duty of every public body and office-holder, in exercising any functions, to further the conservation of biodiversity so far as is consistent with the proper exercise of those functions.

(2) In complying with the duty imposed by subsection (1) a body or office-holder must have regard to—

(a) any strategy designated under section 2(1), and

(b) the United Nations Environmental Programme Convention on Biological Diversity of 5 June 1992 as amended from time to time (or any United Nations Convention replacing that Convention).

Scottish Biodiversity Strategy

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(1) The Scottish Ministers must designate as the Scottish Biodiversity Strategy one or more strategies for the conservation of biodiversity (whether prepared by them or by one or more other persons).

(2) The Scottish Ministers must publish any strategy so designated in such manner (including on the internet or by other electronic means) as they think fit.

(3) A strategy so designated may include different provision for different cases or types of case.

(4) Within one year of a strategy being so designated, the Scottish Ministers must publish, in such manner (including on the internet or by other electronic means) as they think fit, lists of—

(a) species of flora and fauna, and

(b) habitats,

considered by the Scottish Ministers to be of principal importance for the purpose mentioned in section 1(1).

(5) The Scottish Ministers may from time to time review any lists published under subsection (4).

(6) Where, following such a review, the Scottish Ministers consider that any such lists should be revised they must publish revised lists under that subsection.

(7) The Scottish Ministers must, within 3 years of the date on which—

(a) they first designate a Scottish Biodiversity Strategy, or

(b) a report was last laid under this subsection,

lay a report before the Scottish Parliament regarding the implementation of the strategy.

Part 2 — Conservation and enhancement of natural features

Chapter 1 — Sites of special scientific interest

Notification of sites of special scientific interest

Duty to give notification of sites of special scientific interest

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(1) Scottish Natural Heritage (“SNH”) must, where it considers that any land is of special interest by reason of any of its natural features, notify that fact to the persons mentioned in section 48(2) (“the interested parties”).

(2) References in this Act to a “natural feature” of land are references to any of its flora or fauna or geological or geomorphological features.

(3) In determining for the purposes of subsection (1) whether any land is of special interest SNH must have regard to—

(a) the extent to which giving notification under that subsection in relation to the land would contribute towards the development of a series of sites of special scientific interest in Scotland representative of the diversity and geographic range of—

(i) Scotland’s natural features,

(ii) the natural features of Great Britain,

(iii) the natural features of the member States, and

(b) any guidance issued or approved under subsection (1) of section 54 so far as containing information of the description referred to in subsection (2)(a) of that section.

(4) A notification under subsection (1) must be accompanied by—

(a) a document which—

(i) describes the land to which the notification relates,

(ii) specifies the natural feature by reason of which SNH considers the land to be of special interest,

(iii) specifies acts or omissions which appear to SNH to be likely to damage that natural feature, and

(iv) contains such other information as SNH thinks fit, and

(b) a map on which the land is delineated.

(5) The notification, document and map referred to in subsection (4) are in this Act together referred to, in relation to the land in question, as the “SSSI notification”.

(6) An SSSI notification has effect from the date on which it is given; and the land in question is, until the notification ceases to have effect, to be known as a “site of special scientific interest”.

(7) Each act or omission specified in an SSSI notification by virtue of subsection (4)(a)(iii) is, in relation to the site of special scientific interest, in this Act referred to as an “operation requiring consent”.

Site management statements

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(1) An SSSI notification must be accompanied by a site management statement.

(2) A site management statement is a statement prepared by SNH which—

(a) provides guidance to owners and occupiers of land within a site of special scientific interest as to how the natural feature specified in the SSSI notification should be conserved or enhanced, and

(b) contains such other information in relation to the site of special scientific interest as SNH thinks fit.

(3) That information may include information which promotes understanding and enjoyment by the public of the natural feature specified in the SSSI notification.

(4) SNH may, at any time during which an SSSI notification has effect—

(a) on the request of any owner or occupier of land within the site of special scientific interest, or

(b) of its own accord,

review and, if it thinks fit, revise the site management statement.

(5) SNH must provide a copy of any statement so revised to every owner and occupier of land within the site of special scientific interest.

Enlargement of sites of special scientific interest

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(1) Where SNH considers that if land (“extra land”) which is contiguous to or which it considers to be otherwise associated with a site of special scientific interest were combined with the site, the combined land would be of special interest by reason of any of its natural features, it may notify that fact to the persons who are the interested parties in relation to the extra land.

(2) Subsection (3) of section 3 applies for the purposes of subsection (1) of this section as it applies for the purposes of subsection (1) of that section.

(3) Sections 3(4) and 4(1) and (2) apply in relation to a notification of extra land under subsection (1) of this section as they apply to a notification under section 3(1), but as if—

(a) in section 3(4)(a)(ii), the reference to the land were a reference to the combined land,

(b) in section 4(2), the references to a site of special scientific interest were references to the combined land.

(4) Representations under schedule 1 with respect to a notification under subsection (1) are not competent so far as they relate to the original SSSI notification.

Review of operations requiring consent

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(1) SNH—

(a) must, on the request of any owner or occupier of land within a site of special scientific interest,

(b) may when it thinks fit,

review the operations requiring consent specified in an SSSI notification.

(2) SNH must not carry out—

(a) the first such review within 6 years of the date on which the SSSI notification was given,

(b) any subsequent such review within 6 years of the previous review,

except where the review is carried out under subsection (1)(b) and SNH has obtained the agreement of every owner and occupier of land within the site of special scientific interest.

(3) Such agreement is obtained if SNH gives notice of a proposed review to every owner and occupier of land within the site of special scientific interest and—

(a) every such person consents to SNH carrying out the review, or

(b) no reasonable objection by any such person to the carrying out of the review is received by SNH within 28 days of the date on which the notice was given.

(4) SNH may, in carrying out a review of operations requiring consent, also review any consents to carry out the operations given on applications under section 16(2).

(5) If, on completion of a review, SNH is of the opinion that the SSSI notification should be amended by—

(a) adding to the operations requiring consent specified in it,

(b) modifying the description of any operation requiring consent so specified, or

SNH must amend the SSSI notification by giving notification of the amendment to every owner and occupier of land within the site of special scientific interest.

Addition or modification of operations requiring consent: urgent situations

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(1) Where SNH considers that a person is carrying out, or intends to carry out, an operation (other than an operation requiring consent) which it considers is damaging or is likely to damage any natural feature specified in an SSSI notification and that the situation is one of urgency, SNH may, with the consent of the Scottish Ministers, amend the SSSI notification by—

(a) adding to the operations requiring consent specified in it,

(b) modifying the description of any operation requiring consent so specified.

(2) An application to the Scottish Ministers for their consent under subsection (1) must—

(a) set out SNH’s reasons for considering that the proposed amendment should be made and that the situation is one of urgency, and

(b) contain such other information relating to the proposed amendment as the Scottish Ministers may specify.

(3) If the Scottish Ministers give their consent under subsection (1), SNH must amend the SSSI notification by giving notification of the amendment and of the consent—

(a) to every owner and occupier of land within the site of special scientific interest, and

(b) where the person whom SNH considers is carrying out or is likely to carry out the operation is not given notice under paragraph (a), to that person.

Variation of SSSI notifications

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(1) SNH may, at any time after it has given notice under paragraph 10 of schedule 1 of a decision to confirm an SSSI notification, vary the matters included in the notification by virtue of section 3(4)(a)(i), (ii) and (iv) (whether by adding to them, changing them or removing matter from them) by giving notification to the interested parties.

(2) The area of the land to which the SSSI notification relates cannot be varied under this section.

Denotification of sites of special scientific interest

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(1) SNH may, where it considers that all or any part of a site of special scientific interest is no longer of special interest by reason of the natural feature specified in the SSSI notification, give notification to the persons set out in subsection (2) of its intention to revoke the SSSI notification or, as the case may be, modify it so as to disapply its effect to the part of the site in question.

(2) Those persons are the interested parties in relation to the site or, as the case may be, the part of the site in question.

(3) In determining for the purposes of subsection (1) whether all or any part of a site of special scientific interest is no longer of special interest, SNH must have regard to—

(a) the extent to which the SSSI notification continues to contribute towards the development of a series of sites of special scientific interest in Scotland representative of the diversity and geographic range of—

(i) Scotland’s natural features,

(ii) the natural features of Great Britain,

(iii) the natural features of the member States, and

(b) any guidance issued or approved under subsection (1) of section 54 so far as containing information of the description referred to in subsection (2)(a) of that section.

(4) A notification under subsection (1) must be accompanied by—

(a) a document which—

(i) describes the site of special scientific interest or, as the case may be, the part in question, and

(ii) explains why SNH considers the site of special scientific interest or part no longer to be of special interest by reason of the natural feature specified in the SSSI notification, and

(b) a map on which the site of special scientific interest or part is delineated.

(5) This subsection applies where—

(a) a public body or office-holder (after consulting SNH in accordance with any enactment) permits the carrying out of an operation,

(b) the carrying out of the operation in pursuance of that permission damages a natural feature specified in an SSSI notification,

(c) SNH, because of that damage, gives notification under subsection (1) of its intention to revoke or modify the SSSI notification, and

(d) the explanation given by virtue of subsection (4)(a)(ii) in the document accompanying the notification under subsection (1)—

(i) states that SNH considers that all or part of the site of special scientific interest is no longer of special interest by reason of the damage caused by the carrying out of the permitted operation, and

(ii) explains the effect of subsection (6)(b).

(6) Where subsection (5) applies—

(a) section 11, and paragraphs 3 to 15 of schedule 1, do not apply in relation to the notification under subsection (1), and

(b) the relevant SSSI notification is revoked or, as the case may be, modified when the notification is given under subsection (1).

Notifications relating to sites of special scientific interest: procedure

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Schedule 1 sets out procedure relating to notifications given under sections 3(1), 5(1) and 9(1).

Effect of SSSI notification

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(1) From the date when SNH gives—

(a) notice under paragraph 10 of schedule 1 of a decision to confirm an SSSI notification with modifications,

(b) notification under section 5(1), 6(5), 7(3) or 8(1) in relation to an SSSI notification,

(c) notice under paragraph 10 of schedule 1 of a decision to confirm a notification given under section 5(1) with modifications,

(d) notice under that paragraph of a decision to confirm a notification given under section 9(1) in relation to part only of the site of special scientific interest,

the SSSI notification has effect as amended by the modifications or, as the case may be, the notification given under section 5(1), 6(5), 7(3), 8(1) or 9(1).

(2) Where SNH gives notice under paragraph 10 of schedule 1 of a decision to withdraw a notification given under section 5(1), the SSSI notification to which the withdrawn notification relates has effect, from the date on which the notice under that paragraph is given, as if the withdrawn notification had never been given.

(3) An SSSI notification ceases to have effect on SNH giving notice under paragraph 10 of schedule 1 of a decision—

(a) to withdraw the SSSI notification, or

(b) to confirm a notification given under section 9(1) of its intention to revoke the SSSI notification.

Exercise of functions in relation to sites of special scientific interest

Exercise of functions by public bodies etc.

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(1) This section applies to the exercise by a public body or office-holder of any function on, or so far as affecting, any land which is or forms part of a site of special scientific interest.

(2) The body or office-holder must—

(a) consult SNH in relation to the exercise of the function,

(b) have regard to any advice given by SNH, and

(c) in exercising the function, take reasonable steps, so far as is consistent with the proper exercise of the functions of the body or office-holder, to—

(i) further the conservation and enhancement of the natural feature specified in the SSSI notification, and

(ii) maintain or enhance the representative nature of any series of sites of special scientific interest to which the SSSI notification contributes.

(3) This section is without prejudice to sections 13 to 15.

Operations affecting sites of special scientific interest

Operations by public bodies etc.

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(1) A public body or office-holder must not carry out , or cause or permit to be carried out on land owned or occupied by the public body or office-holder, any operation which is likely to damage any natural feature specified in an SSSI notification except—

(a) with the written consent of SNH given on an application under subsection (3),

(b) where subsection (1) of section 14 applies, or

(2) Subsection (1) of this section applies whether or not the operation would take place on land within a site of special scientific interest.

(3) An application for SNH’s consent must specify—

(a) the nature of the operation,

(b) the proposed dates of commencement and completion, and

(4) On an application under subsection (3) SNH may—

(a) give consent to the operation being carried out, whether or not subject to conditions, or

(b) refuse such consent.

(5) The conditions referred to in subsection (4)(a) may, in particular, provide—

(a) that, despite the terms of the application under subsection (3), the operation may be carried out—

(i) only in such manner as SNH may specify,

(ii) on part only of the land on which the public body or office-holder wishes to carry out the operation,

(b) that the operation may be carried out only for, or within, such period as SNH may specify.

(6) SNH must, in giving or refusing consent, provide the public body or office-holder with written advice in relation to the operation, including advice on minimising such damage as is referred to in subsection (1).

(7) SNH must give a public body or office-holder reasons for a decision under this section—

(a) to give consent subject to conditions,

(b) to refuse consent.

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