Section 28G of the Wildlife and Countryside Act 1981 (as amended) states that
public bodies must "take reasonable steps, consistent with the proper exercise
of their functions, to further the conservation and enhancement of SSSIs".
Natural England must be consulted by public bodies if they wish to carry out
work that may damage a SSSI, or if they are considering authorising others to
carry out operations that may do so. This requirement applies to operations
within a SSSI, and to operations outside the SSSI that may affect the features
of interest.
We will work with these organisations so that the operations can go ahead
without delay. Public bodies will find it useful to discuss their proposals
with us before they give formal notice under section 28H of the Wildlife and
Countryside Act 1981 (as amended). We have 28 days to reply.
We may reply either by giving assent (with or without conditions) or by
refusing approval. If we assent, the work may be carried out without waiting
28 days.
If a public body wants to carry out an operation without our assent, it
cannot go ahead without giving a further 28 days notice. This further notice
must include the proposed start date and details of how our advice has been
taken into account. During this further 28-day period, we may refer the case
to the Secretary of State, but this would only happen in extreme cases.
There are provisions that allow emergency works to be carried out without the 28-day
notice period, as long as we are informed as soon as possible afterwards.
If public bodies are giving others permission to carry out operations, the same
obligations apply, and the public body must give us 28 days notice before giving
permission.
Further information for public bodies is given in the Defra Code of Guidance
'Sites of Special Scientific Interest: Encouraging positive partnerships'.
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