Section 26C Further provision about appeals brought under sections 26A and 26BF1

England and Wales

(1)

A request made to the Welsh Ministers under section 26A or 26B must be made in the prescribed manner and within the prescribed period.

(2)

A notice given under section 24C(3), 24D(2) or 24E(2) does not take effect until the expiration of the prescribed period and, where a request is made to the Welsh Ministers under section 26A or 26B (as the case may be), until the conclusion of any proceedings in pursuance of the request.

(3)

But subsection (2) does not apply (and the notice may take effect immediately) to the extent that—

(a)

the notice makes provision that the Natural Resources Body for Wales considers is necessary to respond to an imminent and serious risk of harm to—

(i)

natural beauty, or

(ii)

flora, fauna, geological or physiographical features, or natural habitats, or

(b)

the notice makes provision that suspends a felling licence.

(4)

Where a request is made to the Welsh Ministers under section 26A or 26B, the Welsh Ministers must, unless they are of the opinion that the grounds for the request are frivolous, refer the matter to the committee appointed in accordance with section 27.

(5)

The committee to whom a matter is referred under this section must, after complying with section 27(3), provide the Welsh Ministers with a report in relation to the reference.

(6)

After considering the report, the Welsh Ministers must—

(a)

in the case of a request made on the ground in subsection 26A(2)(e) or 26B(2)(d) (suspension should have been ended)—

(i)

direct the Natural Resources Body for Wales to give a notice under section 24C(7)(b) or 24E(4)(b) (as the case may be) ending the suspension, or

(ii)

give the person who made the request a notice setting out the reasons why a direction under sub-paragraph (i) is not being given;

(b)

in the case of any other request, confirm or cancel the notice to which the reference relates.

Annotations

Textual amendments

F1: Ss. 26A-26G inserted (18.8.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Agriculture (Wales) Act 2023 (asc 4), ss. 41, 56(1)(a); S.I. 2023/1092, art. 3(a)

Notes on the whole Act

Textual amendments

F1: Act repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with ss. 80, 83); S.S.I. 2019/47, reg. 2 (with transitional provisions and savings in regs. 3-22 (as amended (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 11(2)(b)(3)(a)))

Notes on Part II

Textual amendments

F1: Word in Pt. II cross-heading omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 52 (with Sch. 7)