Section 15A Compulsory purchase.F1

England and Wales

(F21)

Natural England or the F3NRBW may, in the circumstances set out in subsection (2), acquire compulsorily all or part of the land which it appears to that body expedient to acquire for the purpose of conserving flora, fauna, or geological or physiographical features of special interest.

(2)

The circumstances are—

(a)

that F4Natural England or (as the case may be) the NRBW are satisfied that they are unable to conclude, on reasonable terms, F5an SSSI agreement , or

C1(b)

that they have entered into F6an SSSI agreement , but they are satisfied it has been breached in such a way that the flora, fauna or geological or physiographical features referred to there are not being conserved satisfactorily.

(3)

A dispute about whether or not there has been a breach of the agreement for the purposes of subsection (2)(b) shall be determined by an arbitrator appointed by the Lord Chancellor.

(4)

Where F7Natural England or the NRBW have acquired land compulsorily under this section, they may—

(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.

F8(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(6)

In this section “SSSI agreement” means—

(a)

in relation to Natural England, an agreement under section 7 of the 2006 Act imposing, for the purpose of conserving flora, fauna, or geological or physiographical features of special interest, restrictions on the exercise of rights over land by persons having an interest in the land, or

(b)

in relation to the NRBW, F10an agreement under section 16 of the Environment (Wales) Act 2016 imposing, for the purpose of conserving flora, fauna, or geographical or physiographical features of special interest, restrictions on the exercise of rights over land by persons having an interest in the land .

Annotations

Textual amendments

F1: S. 15A inserted (30.1.2001) by 2000 c. 37, ss. 75(4), 103(2)
F2: S. 15A(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 49(2); S.I. 2006/2541, art. 2 (with Sch.)
F3: Word in s. 15A substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 95 (with Sch. 7)
F4: Words in s. 15A(2)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 49(3)(a)(i); S.I. 2006/2541, art. 2 (with Sch.)
F5: Words in s. 15A(2)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 49(3)(a)(ii); S.I. 2006/2541, art. 2 (with Sch.)
F6: Words in s. 15A(2)(b) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 49(3)(b); S.I. 2006/2541, art. 2 (with Sch.)
F7: Words in s. 15A(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 49(4); S.I. 2006/2541, art. 2 (with Sch.)
F8: S. 15A(5) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 49(5), Sch. 12; S.I. 2006/2541, art. 2 (with Sch.)
F9: S. 15A(6) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 49(6); S.I. 2006/2541, art. 2 (with Sch.)
F10: Words in s. 15A(6)(b) substituted (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 2(4)

Modifications

C1: S. 15A(2)(b) modified (1.10.2006) by Natural Environment and Rural Communities Act 2006 (Commencement No.3 and Transitional Provisions) Order 2006 (S.I. 2006/2541), art. 3(2), Sch. para. 2

Notes on the whole Act

Textual amendments

F1: Word in long title substituted (20.2.1999) by S.I. 1999/416 art. 3, Sch. 1 para. 4(5)