Section 27 Offences in relation to nature conservation ordersI1

(1)

Any person who carries out, or causes or permits to be carried out, a prohibited operation on any land to which a nature conservation order relates is guilty of an offence and liable—

(a)

on summary conviction, to a fine not exceeding £40,000,

(b)

on conviction on indictment, to a fine.

(2)

It is not a defence in proceedings for an offence under subsection (1) that the carrying out of the prohibited operation did not damage any natural feature of the land to which the nature conservation order relates.

Annotations

Commencement

I1: S. 27 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

Notes on Chapter 2

Modifications

C1: Pt. 2 Ch. 2 applied (with modifications) by S.I. 1994/2716, regs. 19, 20 (as substituted (29.11.2004) by Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20-21)) (as amended (6.4.2011) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2011 (S.S.I. 2011/155), regs. 1(1), 5 and (31.1.2020) by The Conservation (Natural Habitats, c.) (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/113), regs. 1, 14(2); 2020 c. 1, Sch. 5 para. 1(1))