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Natural Environment and Rural Communities Act 2006

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This is the original version (as it was originally enacted).

General implementation powers

5Carrying out proposals etc.

Natural England may—

(a)carry out proposals which appear to it to further its general purpose, or

(b)assist in, coordinate or promote the carrying out of such proposals by others.

6Financial and other assistance

(1)Natural England may give financial assistance to any person, if doing so appears to it to further its general purpose.

(2)Financial assistance under this section may be given in any form, and may in particular be given by way of a grant, a loan or a guarantee.

(3)Financial assistance under this section may be given subject to conditions, including (in the case of a grant) conditions for repayment in specified circumstances.

(4)Natural England may, if doing so appears to it to further its general purpose, provide assistance to any person by making available goods or equipment free of charge or at a reduced cost.

7Management agreements

(1)Natural England may make an agreement (a “management agreement”) with a person who has an interest in land about the management or use of the land, if doing so appears to it to further its general purpose.

(2)A management agreement may, in particular—

(a)impose on the person who has an interest in the land obligations in respect of the use of the land;

(b)impose on the person who has an interest in the land restrictions on the exercise of rights over the land;

(c)provide for the carrying out of such work as may be expedient for the purposes of the agreement by any person or persons;

(d)provide for any matter for which a management scheme relating to a site of special scientific interest provides (or could provide);

(e)provide for the making of payments by either party to the other party or to any other person;

(f)contain incidental and consequential provision.

(3)A management agreement is, unless the agreement otherwise provides—

(a)binding on persons deriving title under or from the person with whom Natural England makes the agreement, and

(b)enforceable by Natural England against those persons.

(4)Schedule 2 to the Forestry Act 1967 (c. 10) (power for tenant for life and others to enter into forestry dedication covenants) applies to management agreements as it applies to forestry dedication covenants.

(5)For the purposes of any enactment or rule of law as to the circumstances in which the dedication of a highway or the grant of an easement may be presumed, or may be established by prescription, the use by the public or by any person of a way across land at any time while it is the subject of a management agreement is to be disregarded.

(6)“Interest in land” has the same meaning as in the National Parks and Access to the Countryside Act 1949 (c. 97).

(7)“Management scheme” and “site of special scientific interest” have the same meaning as in Part 2 of the Wildlife and Countryside Act 1981 (c. 69).

8Experimental schemes

(1)Natural England may—

(a)make and carry out experimental schemes designed to establish ways in which its general purpose might be furthered, or

(b)promote the making and carrying out of such schemes.

(2)A scheme is experimental if it involves—

(a)the development or application of new methods, concepts or techniques, or

(b)the testing or further development of existing methods, concepts or techniques.

(3)Before making an experimental scheme, Natural England must consult such persons as appear to it to have an interest in the subject matter of the scheme.

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