LegalizeNature Conservation (Scotland) Act 2004
Words in s. 21 substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 2(3)(c), 134(7); S.S.I. 2010/221, art. 3(2), Sch.
S. 21(8)(a)(b) substituted for (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 2(3)(b), 134(7); S.S.I. 2010/221, art. 3(2), Sch.
S. 21(1)-(5) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 2(3)(a), 134(7); S.S.I. 2010/221, art. 3(2), Sch.
Words in s. 58(1) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 2(3)(d), 134(7); S.S.I. 2010/221, art. 3(2), Sch.
Words in Sch. 1 para. 9 substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 2(3)(e)(ii), 134(7); S.S.I. 2010/221, art. 3(2), Sch.
Words in Sch. 1 para. 9(b) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 2(3)(e)(i), 134(7); S.S.I. 2010/221, art. 3(2), Sch.
Sch. 1 para. 11 repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 2(3)(e)(iv), 134(7); S.S.I. 2010/221, art. 3(2), Sch.
Words in Sch. 1 para. 12(a) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 2(3)(e)(v), 134(7); S.S.I. 2010/221, art. 3(2), Sch.
S. 5A inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 37(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(n)
S. 20A and cross-heading inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 40(1)(a), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(q)
Words in s. 13(1) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)
S. 14(1)(ca) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(3)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)
Word in s. 14(1) repealed (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(3)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)
S. 14(1)(f) and word inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(3)(a)(iii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)
S. 14(1)(aa) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 40(1)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(q)
Words in s. 14(2) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(3)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)
Words in s. 14(3)(a)(i) substituted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(3)(c)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)
Words in s. 14(3)(b) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(3)(c)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)
Words in s. 14(3)(c) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(3)(c)(iii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)
Words in s. 14(4)(a) substituted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(3)(d), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)
S. 9(5)(6) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 38, 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(o)
S. 17(1)(ca) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(4)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)
Word in s. 17(1) repealed (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(4)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)
S. 17(1)(f) and word inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(4)(a)(iii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)
S. 17(1)(aa) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 40(1)(c), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(q)
Words in s. 17(4) substituted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(4)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)
S. 44(1)(ba)(bb) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 40(1)(d), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(q)
Word in s. 48(11)(a) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 37(3), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(n)
Words in s. 58(1) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 37(4)(a), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(n)
Words in s. 58(1) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 37(4)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(n)
Words in Sch. 4 para. 1(1)(b) substituted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 40(1)(e), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(q)
Words in s. 58(1) substituted (1.10.2011) by The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085), Sch. 1 para. 58
S. 2A inserted (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 36, 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(h)
S. 55(10A) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 34(b)
Words in s. 55(10)(b) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 34(a)
Words in s. 58(1) substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 10(2)
Pt. 2 Ch. 2 applied (with modifications) by S.I. 1994/2716, regs. 19, 20 (as substituted (29.11.2004) by Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20-21)) (as amended (6.4.2011) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2011 (S.S.I. 2011/155), regs. 1(1), 5 and (31.1.2020) by The Conservation (Natural Habitats, c.) (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/113), regs. 1, 14(2); 2020 c. 1, Sch. 5 para. 1(1))
Words in s. 58(1) inserted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 18; S.I. 2024/957, reg. 2(a)
Sch. 7 para. 7 repealed (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 1 (with sch. 23)
Confirmation of nature conservation orders and amending orders
Notification of proposals for land management order
Protection of animals: offences
Non-native species
Miscellaneous
5A
- (1) Where SNH considers that two or more sites of special scientific interest should be combined, it may notify that fact to the persons who are the interested parties in relation to the sites in question.
- (2) Subsections (4) to (7) of section 3 apply in relation to a notification under subsection (1) as they apply to a notification under section 3(1), but as if—
- (a) references in section 3(4)(a)(ii) and (iii) to a natural feature were references to the natural features by reason of which SNH considers the original sites to be of special interest, and
- (b) section 3(4) required the notification to also be accompanied by a revised site management statement prepared in relation to the combined site of special scientific interest.
- (3) Accordingly, from the date when notification is given under subsection (1)—
- (a) that notification is an “ SSSI notification ” for the purposes of this Act,
- (b) the combined site of special scientific interest is a single “ site of special scientific interest ” for the purposes of this Act, and
- (c) the original SSSI notifications cease to have effect.
- (4) SNH must give public notice describing the general effect of an SSSI notification given by virtue of subsection (1) in such manner (including on the internet or by other electronic means) as SNH thinks fit.
- (5) Nothing in this section allows SNH to—
- (a) include any land in a combined site of special scientific interest which was not included in at least one of the original sites of special scientific interest,
- (b) add to the operations requiring consent specified in the original SSSI notifications (otherwise than by extending the original area to which any such operation requiring consent related so as to include any land in the combined site of special scientific interest).
Addition or modification of operations requiring consent: urgent situations
Effect of SSSI notification
Operations by public bodies etc.: authorised operations
Operations by owners or occupiers of sites of special scientific interest
Restoration notices
20A
- (1) SNH may propose to give a restoration notice where it is satisfied that a person (the “responsible person”)—
- (a) has committed an offence under section 19(1), or
- (b) has committed an offence under section 19(3) in respect of an operation which has damaged a natural feature specified in an SSSI notification.
- (2) A restoration notice is a notice which requires the responsible person to carry out such operations as may be specified in the notice, within such periods from the notice taking effect as may be so specified, for the purpose of restoring, so far as is reasonably practicable, the damaged natural feature to its former condition.
- (3) A proposal under subsection (1) must be made to the responsible person and must—
- (a) explain why SNH proposes to give the restoration notice,
- (b) be accompanied by a draft of the proposed restoration notice,
- (c) explain that giving notice of intention to comply with the restoration notice within 28 days of it being given would discharge the responsible person from liability to conviction for the offence in question,
- (d) explain that the responsible person has the right to make representations to SNH about the proposal within the period of 28 days from the date on which the proposal is made,
- (e) specify the manner in which such representations must be made.
- (4) SNH may, after the period for making representations about a proposal has expired, give the restoration notice (with or without modifications) to the responsible person.
- (5) A restoration notice has effect only if the responsible person gives SNH notice of intention to comply with it within 28 days of it being given.
- (6) SNH may by giving notice to a responsible person in respect of whom a restoration notice has effect—
- (a) extend the period specified in the restoration notice within which operations are to be carried out, or
- (b) otherwise modify the restoration notice in such manner as SNH considers appropriate.
- (7) A notice may be given under paragraph (b) of subsection (6) only where the responsible person has consented to the modification.
- (8) SNH may withdraw a restoration notice (by giving notice to the responsible person) where it is satisfied on the basis of information subsequently obtained that the restoration notice should not have been given to the responsible person.
- (9) Where a restoration notice is withdrawn, SNH must compensate the responsible person for any expenses reasonably incurred in complying with the restoration notice.
- (10) Proceedings against the responsible person may not be commenced or continued for an offence in relation to which the restoration notice has effect (even if the restoration notice is subsequently withdrawn).
- (11) If, within the period specified in a restoration notice, the responsible person to whom it is given fails, without reasonable excuse, to comply with it, the responsible person is guilty of an offence and liable—
- (a) on summary conviction, to a fine not exceeding £40,000,
- (b) on conviction on indictment, to a fine.
- (12) If, within the period specified in a restoration notice, any operations so specified have not been carried out in accordance with the restoration notice, SNH may—
- (a) carry out those operations, and
- (b) recover from the responsible person any expenses reasonably incurred by it in doing so.
Representations to SNH on sites of special scientific interest
Representations to SNH on sites of special scientific interest
Protection of wildlife
Offences in relation to sites of special scientific interest
Orders and regulations: general
Short title and commencement
Short title and commencement
Notice of decision to confirm or withdraw
Notification
Extension of period
Protection of animals: offences
Notifications under the 1949 Act
Miscellaneous
Appeals in connection with operations requiring consent
Transitional arrangements
Operations by owners or occupiers of sites of special scientific interest
Scottish Fossil Code
Orders and regulations: general
Notifications under the 1981 Act
Protection of animals: offences
Non-native species
Miscellaneous
Scottish Biodiversity Strategy
2A
- (1) A public body must prepare and publish a biodiversity report within 3 years of—
- (a) the base date,
- (b) the date on which a report was last published by the body under this subsection.
- (2) A biodiversity report is a report on the actions taken by the body in pursuance of its duty under section 1 during the period to which the report relates.
- (3) The base date is—
- (a) the date on which section 36 of the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) comes into force, or
- (b) where the body is established after that date, the date on which the body is established.
- (4) A report under this section—
- (a) is to be prepared in such form and published in such manner as the body thinks fit,
- (b) may be incorporated within another report prepared or published by the body.
Addition or modification of operations requiring consent: urgent situations
Effect of SSSI notification
Operations by public bodies etc.: authorised operations
SSSI register
Protection of wildlife
Confirmation or withdrawal of notification
Extension of period during which notification is to be confirmed or withdrawn
Confirmation of nature conservation orders and amending orders
Notification of proposals for land management order
Protection of animals: offences
Non-native species
Miscellaneous
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