Natural Heritage (Scotland) Act 1991 (Chapter C. 28).
Type of law
Legislation
Date of original text
Abstract
Section 1 provides for the establishment of the Scottish Natural Heritage ("SNH" ) whose general aims and purposes shall be: (a) to secure the conservation and enhancement of; and (b) to foster understanding and facilitate the enjoyment of, the natural heritage of Scotland. Schedule 1 to this Act shall have effect with respect to the constitution and proceedings of and other matters relating to Scottish Natural Heritage. General functions of the SNH are described in section 2. Section 4 assigns Nature conservation functions under Part VII of the Environmental Protection Act 1990 to the SNH and the SNH shall have the functions previously discharged by the Nature Conservancy Council for Scotland under the enactments amended by Schedule 2 to this Act in accordance with those enactments so amended. For purposes of development projects or schemes, the SNH may compulsorily acquire land in accordance with section 5. The SHN may recommend the Secretary of State to design an area the area as a Natural Heritage Area pursuant to section 6. Part II of this Act provides for the control of irrigation. The Secretary of State may make an order to control the abstraction of water for irrigation, but may do so only on the application of a river purification authority, acting in pursuance of their duties under section 17(1) of the Rivers (Prevention of Pollution) (Scotland) Act 1951 or under a requirement made by the Secretary of State in accordance with section 15 of this Act. A control order shall apply to all inland waters or ground waters within an area specified in the order and shall relate to the abstraction of water for the purpose of irrigation. It shall be an offence to abstract water for irrigation without a licence granted under section 17 of this Act by river purification authority. This authority may limit or suspend the operation of any licence for reasons of shortage or abundance of water (sect. 18). Part III provides for measure to be taken in case of exceptional drought. The Secretary of State may issue Drought Orders under section 20. Section 21 declares certain actions in contravention of provisions of a Drought Order to be an offence.
Attached files
Long title of text
An Act to establish Scottish Natural Heritage; to make provision as to the management of water resources in Scotland; and for connected purposes.
Date of consolidation/reprint
Notes
The enactments specified in Schedule 10 to this Act shall have effect subject to the amendments specified in that Schedule and the enactments specified in Schedule 11 of this Act are hereby repealed to the extent specified in the third column of that Schedule. Amended Acts include, notably; the Countryside Act 1968, the Spray Irrigation (Scotland) Act 1964, Agriculture Act 1986 (c. 49), the Water (Scotland) Act 1980 (c. 45), and the Control of Pollution Act 1974 (c. 40).
Repealed
No
Source language
English
Legislation status
in force
Legislation Amendment
No
Amends