OpenLegislation

Section 21 Establishment of nature reserves by local authorities.C2C1

England, Wales and Scotland

(1)

The council of a county or county borough F1or in Scotland F2a F3general or district planning authority shall have power to provide, or secure the provision of, nature reserves on any land in their area (not being land held by, or managed in accordance with an agreement entered into with F4the appropriate conservation body) as to which it appears to the council expedient that it should be managed as a nature reserve.

2), (3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(4)

The foregoing provisions of this Part of this Act shall apply to the provision of nature reserves by local authorities under this section with the substitution for references to F6the appropriate conservation bodyF7, the F8Natural Resources Body for Wales or Scottish Natural Heritage of references to the local authority and as if theF9 references in subsection (1) of sections sixteen and seventeen respectively of this Act to the national interest included references reference in subsection (1) of section 17 of this Act to the national interest were a reference to the interests of the locality.

(5)

A local authority may, as respects any land which is being managed as a nature reserve by the authority, enter into an agreement with any drainage authority for the exercise by the drainage authority, on such terms as to payment or otherwise as may be specified in the agreement, of any power of doing work exercisable by the local authority under the foregoing provisions of this section.

(6)

A local authority shall exercise their functions under this Part of this Act in consultation with F10the appropriate conservation body.

(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Annotations

Textual amendments

F1

Words inserted by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 27 Pt. II para. 100

F2

Words substituted (S.) by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 10

F3

Words in s. 21(1) repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

F4

Words in s. 21(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 15(e); S.I. 2006/2541, art. 2 (with Sch.)

F5

S. 21(2)(3) repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30

F6

Words in s. 21(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 19; S.I. 2006/2541, art. 2 (with Sch.)

F7

Words in s. 21(4) omitted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 1(4)(a)

F8

Words in s. 21(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 18 (with Sch. 7)

F9

Words in s. 21(4) substituted (E.W.) (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 1(4)(b)

F10

Words in s. 21(6) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 15(e); S.I. 2006/2541, art. 2 (with Sch.)

F11

S. 21(7) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Modifications

C1

S. 21 extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 70, 125, Sch. 9 para. 3 (with ss. 7(6), 115, 117, Sch. 8 para. 7)

s. 21 extended (S.)(8.9.2000) by 2000 asp 10, s. 9, Sch. 3 para. 2 (with s. 32); S.I. 2000/312, art. 2

C2

S. 21 amended (E.W.) by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 17 para. 34

Notes on Part III

Modifications

C1

Pt. III extended by Countryside Act 1968 (c. 41, SIF 46:1), s. 15(7)