Paragraph 4

England and Wales

In this Schedule, “sensitive area” means any of the following—

(a)

a site of special scientific interest within the meaning of Part 2 of the Wildlife and Countryside Act 1981 M1;

(b)

a National Park within the meaning of the National Parks and Access to the Countryside Act 1949 M2;

(c)

the Broads within the meaning of the Norfolk and Suffolk Broads Act 1988 M3;

(d)

a site or other place or other thing which is cultural heritage or natural heritage within the meaning of the Convention concerning the Protection of the World Cultural and Natural Heritage adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organisation at Paris on 16th November 1972 M4 and is included in the World Heritage List mentioned in Article 11 of that Convention;

(e)

a scheduled monument F1in England within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 M5 F2or a scheduled monument in Wales within the meaning given by section 3 of the Historic Environment (Wales) Act 2023;

(f)

an area of outstanding natural beauty within the meaning of Part 4 of the Countryside and Rights of Way Act 2000 M6;

(g)

a European site as defined in regulation 8(1) of F3the Conservation of Habitats and Species Regulations 2017;

(h)

a Ramsar site (that is to say, a wetland designated under paragraph 1 of Article 2 of the Ramsar Convention (as defined in section 37A of the Wildlife and Countryside Act 1981 M7) for inclusion in the list of wetlands of international importance referred to in that Article).

Annotations

Textual amendments

F1: Words in Sch. 2 para. 4(e) inserted (4.11.2024) by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 112(a)
F2: Words in Sch. 2 para. 4(e) inserted (4.11.2024) by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 112(b)
F3: Words in Sch. 2 para. 4(g) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 81(3)

Marginal citations

M1: 1981 c.69. “Site of special scientific interest” is defined is section 52(1).
M2: 1949 c.97. See the definition in section 5(3).
M3: 1988 c.4. “The Broads” is defined in section 2(3).
M4: See Command Paper 9424.
M5: 1979 c.46. “Scheduled monument” is defined in section 1(11).
M6: 2000 c.37. “Area of outstanding natural beauty” is defined in section 82(3).
M7: Section 37A was inserted by paragraph 84 of Schedule 11 to the Natural Environment and Rural Communities Act 2006 (c.16) and was subsequently amended by paragraph 175 of Schedule 2 to S.I. 2013/755.