OpenLegislation

Section 89 Compulsory purchase powers: Natural EnglandI1I2

England and Wales

(1)

Natural England may acquire land compulsorily if the Secretary of State authorises it to do so.

(2)

The power under subsection (1) may be exercised in relation to land only if Natural England requires the land for purposes connected with the taking of a conservation measure.

(3)

The power under subsection (1) includes power to acquire new rights over land.

(4)

Subsection (5) applies where—

(a)

land or new rights over land are being acquired compulsorily under subsection (1), and

(b)

any of the land which is being acquired, or over which new rights are being acquired, is land which has been acquired by statutory undertakers for the purposes of their undertaking.

(5)

The power under subsection (1) includes power to acquire land compulsorily for giving in replacement for the land or (as the case may be) new rights mentioned in subsection (4)(b).

(6)

Subsection (7) applies where—

(a)

land or new rights over land are being acquired compulsorily under subsection (1), and

(b)

any of the land which is being acquired, or over which new rights are being acquired, is or forms part of a common, open space or allotment.

(7)

The power under subsection (1) includes power to acquire land compulsorily for giving in exchange for the land or (as the case may be) new rights mentioned in subsection (6)(b).

(8)

Schedule 4 makes further provision in relation to compulsory acquisition by Natural England under this section.

(9)

In this section—

  • “allotment” means a fuel or field garden allotment;

  • “common” has the same meaning as in section 19 of the Acquisition of Land Act 1981;

  • “open space” means any land which is—

    1. laid out as a public garden,

    2. used for the purposes of public recreation, or

    3. a disused burial ground;

  • “statutory undertakers” has the same meaning as in section 16 of the Acquisition of Land Act 1981.

Annotations

Commencement

I1

S. 89 not in force at Royal Assent, see s. 118(3)

I2

S. 89 in force at 18.2.2026 by S.I. 2025/1370, reg. 4(1)(l)