Wildlife and Countryside Act 1981 (c. 69)
1981 c. 69 - continued

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Power to vary order designating National Park.


        45.  The Countryside Commission (as well as the Secretary of State) shall have power to make an order amending an order made under section 5 of the 1949 Act designating a National Park, and—

     (a)  section 7(5) and (6) of that Act (consultation and publicity in connection with orders under section 5 or 7) shall apply to an order under this section as they apply to an order under section 7(4) of that Act with the substitution for the reference in section 7(5) to the Secretary of State of a reference to the Countryside Commission; and
     (b)  Schedule 1 to that Act (procedure in connection with the making and confirmation of orders under section 5 or 7) shall apply to an order under this section as it applies to an order designating a National Park.

Membership of National Park authorities 1972 c. 70.


        46.—(1)  In Part I of Schedule 17 to the Local Government Act 1972 (discharge of planning and countryside functions in National Parks) in paragraph 11 after the words "one third" there shall be inserted the words "(to the nearest whole number)".

    (2)  After paragraph 12 of that Schedule there shall be inserted the following paragraph—

     "12A.—(1) The members of a joint planning board, special planning board or National Park Committee established for an area being or comprising the whole or any part of a National Park shall include members (in this paragraph referred to as 'district council members') who are appointed by district councils whose districts comprise any part of that Park (in this paragraph referred to as 'relevant district councils').
     (2)  The number of district council members of such a board or Committee shall be equal to—
       (a)   the number of relevant district councils; or
       (b)   one seventh (to the nearest whole number) of the members of the board or Committee,

    whichever is the less; and for the purposes of this sub-paragraph any casual vacancy in the membership of the board or Committee shall be disregarded.    

    (3)  The district council members shall be appointed by such of the relevant district councils as may be agreed between those councils or as in default of agreement may be determined by the Secretary of State. 

    (4)  The district council members shall hold office for a period of one year and shall be eligible for appointment; and section 102 (5) above shall apply in relation to a district council member appointed under this paragraph as it applies in relation to a member of a committee appointed under that section."

    (3) In paragraph 14 of that Schedule for the words "subject to paragraph 11 above" there shall be substituted the words "subject to paragraphs 11 and 12A above".

    (4)  In the case of a joint planning board, special planning board or National Park Committee established for an area being or comprising the whole or any part of a National Park, members who are members of relevant district councils (within the meaning of the said paragraph 12A) and are neither members of a county council nor persons appointed in pursuance of the said paragraph 11 shall cease to be members of the board or Committee as from the coming into force of this section.

 
Miscellaneous and supplemental

Provisions with respect to the Countryside Commission.


        47.—(1)  Schedule 13 shall have effect as respects the Countryside Commission.

    (2)  The Secretary of State may, with the approval of the Treasury, make to the Countryside Commission out of moneys provided by Parliament grants of such amount and subject to such conditions (if any) as he may, with the approval of the Treasury, think fit.

    (3)  Sections 2, 4 and 95 of the 1949 Act and section 3 of the 1968 Act (which are superseded by this section) shall cease to have effect.


Duties of water authorities etc. with regard to nature conservation and the countryside.

1973 c. 37.


        48.—(1)  For subsection (1) of section 22 of the Water Act 1973 (duties with respect to nature conservation and amenity) there shall be substituted the following subsection—

      "(1)  In formulating or considering any proposals relating to the discharge of any of the functions of water authorities. those authorities and the appropriate Minister or Ministers—
       (a)   shall, so far as may be consistent with the purposes of this Act and of the Land Drainage Act 1976, so exercise their functions with respect to the proposals as to further the conservation and enhancement of natural beauty and the conservation of flora, fauna and geological or physiographical features of special interest;

      (b)   shall have regard to the desirability of protecting buildings or other objects or archaeological, architectural or historic interest; and 

      (c)   shall take into account any effect which the proposals would have on the beauty of, or amenity in. any rural or urban area or on any such flora, fauna, features, buildings or objects."

    (2)  In subsection (3) of that section the words "not being land for the tune being managed as a nature reserve " shall be omitted.

    (3)  After that subsection there shall be inserted the following subsections—

     "(4)  Where any land has been notified to a water authority under subsection (3) above, the authority shall consult with the Council before executing or carrying out any works or operations appearing to them to be likely to destroy or damage any of the flora, fauna, or geological or physiographical features by reason of which the land is of special interest

     (5)  Subsection (4) above shall not apply in relation to any emergency operation particulars of which (including details of the emergency) are notified to the Council as soon as practicable after the commencement of the operation.

     (6)  References in this section to water authorities shall include references to internal drainage boards and the reference in subsection (3) above to the water authority in whose area the land is situated shall include a reference to the internal drainage board in whose district the land is situated."


Extension of power to appoint wardens.


        49.—(1)  This section applies to any land in a National Park or in the countryside if—

     (a)  the public are allowed access to the land; and
     (b)  there is no power under any of the provisions of the 1949 Act and the 1968 Act for a local authority, a local planning authority or the Countryside Commission to appoint wardens as respects that land.

    (2)  Subject to subsections (3) and (4) the power conferred on a local authority by section 92(1) of the 1949 Act (appointment of wardens) shall include a power, exercisable only with the agreement of the owner and of the occupier of any land to which this section applies, to appoint persons to act as wardens as respects that land.

    (3)  The only purpose for which wardens may be appointed by virtue of subsection (2) is to advise and assist the public.

    (4)  Notwithstanding the provisions of section 41(8) of the 1968 Act (Countryside Commission to be local authority for purposes of section 92 of the 1949 Act), nothing in this section shall be construed as conferring on the Countryside Commission any additional power to appoint wardens.


Payments under certain agreements offered by authorities.

 

 

 

 

 

 

 

 

 

 

 

 

1970 c. 40.


        50.—(1)  This section applies where—

      (a)  the Nature Conservancy Council offer to enter into an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act providing for the making by them of payments to—
       (i)   a person who has given notice under section 28(5) or 29(4); or
       (ii)   a person whose application for farm capital grant has been refused in consequence of an objection by the Council; or

     (b)  the relevant authority offer to enter into a management agreement providing for the making by them of payments to a person whose application for a farm capital grant has been refused in consequence of an objection by the authority.

    (2)  Subject to subsection (3), the said payments shall be of such amounts as may be determined by the offeror in accordance with guidance given by the Ministers.

    (3)  If the offeree so requires within one month of receiving the offer, the determination of those amounts shall be referred to an arbitrator (or, in Scotland, an arbiter) to be appointed, in default of agreement, by the Secretary of State; and where the amounts determined by the arbitrator exceed those determined by the offeror, the offeror shall—

     (a)  amend the offer so as to give effect to the arbitrator's (or, in Scotland , the arbiter's) determination; or
     (b)  except in the case of an offer made to a person whose application for a farm capital grant has been refused in consequence of an objection by the offeror. withdraw the offer.

    (4)  In this section—

    "farm capital grant" means a grant under a scheme made under section 29 of the Agriculture Act 1970;
     " management agreement" and "the relevant authority" have the same meanings as in section 41.

Powers of entry.


        51.—(1)  Any person authorised in writing by the relevant authority may, at any reasonable time and (if required to do so) upon producing evidence that he is authorised, enter any land for any of the following purposes—

     (a)  to ascertain whether an order should be made in relation to that land under section 29 or if an offence under that section is being, or has been, committed on that land;
     (b)  to ascertain the amount of any compensation payable under section 30 in respect of an interest in that land;

     (c)  to ascertain whether an order should be made in relation to that land under section 34 or if an offence under that section is being, or has been, committed on that land;
     (d)  to ascertain whether an order should be made in relation to that land under section 42 or if an offence under that section is being, or has been, committed on that land;

    (2)  In subsection (1) "the relevant authority" means—

     (a)  for the purposes of paragraphs (a) and (b) of that subsection, the Nature Conservancy Council;
     (b)  for the purposes of paragraph (c) of that subsection, the Secretary of State or the relevant authority within the meaning of section 34 ;
     (c)  for the purposes of paragraph (d) of that subsection, the Ministers or the county planning authority.

    (3)  A person shall not demand admission as of right to any land which is occupied unless either—

     (a)  24 hours notice of the intended entry has been given to the occupier; or
     (b)  the purpose of the entry is to ascertain if an offence under section 29, 34 or 42 is being, or has been, committed on that land.

    (4)  Any person who intentionally obstructs a person acting in the exercise of any power conferred by subsection (1) shall be liable on summary conviction to a fine not exceeding £200.


Interpretation of Part II.


        52.—(1)  In this Part, unless the context otherwise requires,—

     "agricultural land" does not include land which affords rough grazing for livestock but is not otherwise used as agricultural land;
     "the Ministers", in the application of this Part to England, means the Secretary of State and the Minister of Agriculture, Fisheries and Food, and, in the application of this Part to Scotland or Wales, means the Secretary of State.

    (2)  In the application of this Part to England and Wales —

     (a)  references to a local planning authority shall be construed, except as respects Greater London, as references to a county planning authority and a district planning authority and, as respects Greater London, as references to a London borough council; and
     (b)  references to a county planning authority shall be construed, as respects Greater London, as references to a London borough council;

and in the application of this Part to Scotland references to a local planning authority shall be construed as references to a regional planning authority, a general planning authority and a district planning authority.

    (3)  References in this Part to the conservation of the natural beauty of any land shall be construed as including references to the conservation of its flora, fauna and geological and physiographical features.

    (4)  Section 114 of the 1949 Act shall apply for the construction of this Part.

    (5)  Any power or duty which under this Part (except sections 41 and 42(1)) falls to be exercised or performed by or in relation to the Ministers may, in England, be exercised or performed by or in relation to either of them.

 
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