§ '( ) Where it appears to the SNH expedient to do so for the purpose of conserving the natural heritage of Scotland it may make an application to the Secretary of State for a Habitat Management Order for the purposes of carrying out essential nature conservation management; and the provisions of Schedule (Procedure in Connection with Habitat Management Orders) shall have effect as to the making, confirmation and coming into operation of orders under this section.
§ (2) An application for an order under this section may only be made in respect of land—
- (a) which has been notified or meets the criteria for notification as a site of special scientific interest under section 28 of the Wildlife and Countryside Act 1981; and
- (b) has been the subject of an offer of a management agreement with the owners, lessees or occupiers of such land in accordance with the provisions of section 15 of the Countryside Act 1968 (Areas of Special Scientific Interest) and an agreement cannot be concluded.
§ (3) The Secretary of State may authorise SNH (or any person or organisation which he considers appropriate) to enter the land for the purpose of carrying out any operation necessary to maintain or conserve the special interest of the land.
§ (4) Any operation authorised under subsection (3) shall be specified in the order applying this section to the land.
§ (5) SNH, or other person or organisation authorised by the Secretary of State under subsection (3), may give notice to the appropriate owners, lessees or occupiers of the land requiring him to pay the expenses of the operations carried out under the order.
§ (6) The persons notified under subsection (5) may within 28 days of the services of the notice represent to the Secretary of State that—
- (a) the amount specified in the notice is unreasonable; or
- (b) the recovery of that amount would cause him hardship,
§ (7) The Secretary of State shall give notice of his determination, the reasons for it and the amount recoverable—
- (a) to the persons who made the representation. And
- (b) to the authority which gave notice under subsection (5).
§ (8) Any expenses recoverable by virtue of this section shall be recoverable as a simple contract debt in any court of competent jurisdiction.'.—[Mr. Galbraith.]
§ Brought up, and read the First time.
§ Mr. Deputy Speaker (Mr. Harold Walker)
With this, it will be convenient to take amendment No. 1, a new schedule——