C1Part III Nature Conservation

Annotations:
Modifications etc. (not altering text)

C2C316F14Agreements for management of nature reserves in Scotland and Wales

1

F12F4The F10Natural Resources Body for WalesF4A Welsh local authority or Scottish Natural Heritage may enter into an agreement with every owner, lessee and occupier of any land, being land as to which it appears to F8the F10F5Natural Resources Body for WalesF5Welsh local authority or (as the case may be) Scottish Natural Heritage expedient in the national interest that it should be managed as a nature reserve, for securing that it shall be so managed.

F11A

The power of a Welsh local authority in subsection (1)—

a

is also exercisable where it appears to the authority that it is expedient in the interests of the locality that land should be managed as a nature reserve;

b

is exercisable only in relation to land in the authority's area that is not held by, or managed in accordance with an agreement entered into with, the Natural Resources Body for Wales.

2

Any such agreement may impose such restrictions as may be expedient for the purposes of the agreement on the exercise of rights over the land by the persons who can be bound by the agreement.

3

Any such agreement—

a

may provide for the management of the land in such manner, the carrying out thereon of such work and the doing thereon of such other things as may be expedient for the purposes of the agreement;

b

may provide for any of the matters mentioned in the last foregoing paragraph being carried out, or for the cost thereof being defrayed, either by the said owner or other persons, or by F11F13the F10Natural Resources Body for WalesF13 a Welsh local authority or (as the case may be) Scottish Natural Heritage or partly in one way and partly in another;

c

may contain such other provisions as to the making of payments by F3F2the F10Natural Resources Body for WalesF2 a Welsh local authority or (as the case may be) Scottish Natural Heritage and in particular for the payment by them of compensation for the effect of the restrictions mentioned in the last foregoing subsection, as may be specified in the agreement.

4

Section two of the M1Forestry Act 1947 (which empowers tenants for life and other limited owners to enter into forestry dedication covenants) shall apply to any such agreement; and where section seventy-nine of the M2Law of Property Act 1925 (which provides that unless a contrary intention is expressed the burden of a covenant runs with the land) applies, subsections (2) and (3) of section one of the said Act of 1947 (which provide for enforcement against persons other than the covenantor) shall apply to any such restrictions as are mentioned in subsection (2) of this section, but with the substitution for references to the Forestry Commissioners of references to F15F9theF10Natural Resources Body for WalesF9a Welsh local authority .

5

The following provisions shall have effect in the application of this section to Scotland:—

a

a limited owner of land shall have power to enter into agreements under this section relating to the land;

b

the M3Trusts (Scotland) Act 1921, shall have effect as if among the powers conferred on trustees by section four thereof (which relates to the general powers of trustees) there were included a power to enter into agreements under this section relating to the trust estate or any part thereof;

F7c

an agreement under this section [to which an owner or limited owner of land or a trustee acting under paragraph (b) is a party] may be recorded in the General Register of Sasines or (as the case may be) registered in the Land Register of Scotland and, on being so recorded or registered, shall be enforceable at the instance of Scottish Natural Heritage against any person having an interest in the land and against any person deriving title from that person:

Provided that such an agreement shall not be enforceable against any third party who shall have in good faith and for value acquired right (whether title has been completed or not) to an interest in the land prior to the agreement being recorded or registered as aforesaid, or against any person deriving title from any such third party;

d

the expression “owner” includes any person empowered under this subsection to enter into agreements relating to land;

e

subsection (4) shall not apply.

F66

In this section a “Welsh local authority” means—

a

the council of a county or county borough in Wales, and

b

a National Park authority for a National Park in Wales.