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Wildlife and Natural Environment (Scotland) Act 2011

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This is the original version (as it was originally enacted).

39SSSIs: operations requiring consent

This section has no associated Explanatory Notes

(1)The 2004 Act is amended as follows.

(2)In section 13(1) (SNH consent required for operations carried out by public bodies), after “out” insert “, or cause or permit to be carried out on land owned or occupied by the public body or office-holder,”.

(3)In section 14 (SNH consent not required for certain operations)—

(a)in subsection (1)—

(i)after paragraph (c) insert—

“(ca)in accordance with a control scheme made under section 8 of the Deer (Scotland) Act 1996 (c.58),”,

(ii)the word “or” immediately following paragraph (d) is repealed,

(iii)after paragraph (e) insert “, or

(f)if that operation is of a type described by order made by the Scottish Ministers.”,

(b)in subsection (2), after second “out” insert “or cause or permit to be carried out”,

(c)in subsection (3)—

(i)in paragraph (a)(i), for “proposes to commence the operation” substitute “is proposed that the operation be commenced”,

(ii)in paragraph (b), after “way” insert “, or causes or permits the operation to be carried out only in such a way,”,

(iii)in paragraph (c), after “operation” insert “or, as the case may be, in causing or permitting the carrying out of the operation,”,

(d)in subsection (4)(a), for “an operation for” substitute “or causes or permits the carrying out of an operation in circumstances in”.

(4)In section 17 (SNH consent not required for certain operations)—

(a)in subsection (1)—

(i)after paragraph (c) insert—

“(ca)in accordance with a control scheme made under section 8 of the Deer (Scotland) Act 1996 (c.58),”,

(ii)the word “or” immediately following paragraph (d) is repealed,

(iii)after paragraph (e) insert “, or

(f)if that operation is of a type described by order made by the Scottish Ministers.”,

(b)in subsection (4), for the words from “owner” to “functions” substitute “operation in respect of which section 13 applies.”.

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