Section 28H Statutory undertakers, etc.: duty in relation to carrying out operations.C1C2F1
England and Wales
A section 28G authority shall give notice to F2Natural England before carrying out, in the exercise of its functions, operations likely to damage any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest.
Subsection (1) applies even if the operations would not take place on land included in a site of special scientific interest.
In response to the notice referred to in subsection (1), Natural England may send a notice—
saying that they do not assent to the proposed operations, or
assenting to them (with or without conditions),
but if they do not send a notice under paragraph (b) within the period of 28 days beginning with the date of the notice under subsection (1) they shall be treated as having declined to assent.
If Natural England do not assent, or if the authority proposes to carry out the operations otherwise than in accordance with the terms of the Council’s assent, the authority—
shall not carry out the operations unless the condition set out in subsection (5) is satisfied, and
shall comply with the requirements set out in subsection (6) when carrying them out.
The condition is that the authority has, after the expiry of the period of 28 days beginning with the date of the notice under subsection (1), notified the Council of—
the date on which it proposes to start the operations (which must be after the expiry of the period of 28 days beginning with the date of the notification under this paragraph), and
how (if at all) it has taken account of any written advice it received from Natural England, before the date of the notification under this paragraph, in response to the notice under subsection (1).
The requirements are—
that the authority carry out the operations in such a way as to give rise to as little damage as is reasonably practicable in all the circumstances to the flora, fauna or geological or physiographical features by reason of which the site is of special interest (taking account, in particular, of any such advice as is referred to in subsection (5)(b)); and
that the authority restore the site to its former condition, so far as is reasonably practicable, if any such damage does occur.
Annotations
Textual amendments
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Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)
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Words in s. 28H substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
Modifications
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S. 28H excluded (28.3.2024) by The A66 Northern Trans-Pennine Development Consent Order 2024 (S.I. 2024/360), arts. 1, 3(1) (with arts. 18, 35, Sch. 9)
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S. 28H excluded (9.10.2024) by The M3 Junction 9 Development Consent Order 2024 (S.I. 2024/752), arts. 1, 3(1) (with art. 4, Sch. 10) (as amended by S.I. 2024/1020, Sch.)
Notes on Sites of special scientific interest and limestone pavements
Textual amendments
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S. 27AA and preceding heading inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 78; S.I. 2006/2541, art. 2
Editorial notes
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S. 27A and preceding heading repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 77, Sch. 12; S.I. 2006/2541, art. 2 and new s. 27AA and preceding heading inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 78; S.I. 2006/2541, art. 2