PART 2Conservation of Natural Habitats and Habitats of Species

Management agreements

Management agreements20

1

The appropriate nature conservation body may, for the purposes specified in paragraph (2), make an agreement (a “management agreement”) with a person who has an interest in—

a

land which forms part of a European site, or

b

land adjacent to such a site,

about the management or use of the land.

2

A management agreement may be made for the purposes of the management, conservation, restoration or protection of the site, or any part of it.

3

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.

4

A management agreement is, unless the agreement otherwise provides—

a

binding on persons deriving title under or from the person with whom the appropriate nature conservation body makes the agreement; and

b

enforceable by the appropriate nature conservation body against those persons.

5

Paragraphs 1 to 3 of Schedule 2 to the Forestry Act 1967 (which makes provision for certain persons to enter into forestry dedication covenants) M1 apply to management agreements as they apply to forestry dedication covenants.

6

In this regulation—

  • interest in land” has the same meaning as in the 1949 Act; and

  • management scheme” and “site of special scientific interest” have the same meanings as in Part 2 of the WCA 1981 (nature conservation, countryside and national parks).