ABSTRACT
Two main changes to the SSSI regime were made by the 2000 Act. Firstly, once notified, English Nature can impose permanent restrictions upon operations which might damage SSSIs (s 28(E)), rather than the temporary four-month restriction which applied previously. The owner or occupier may seek permission from English Nature to carry out any such operations but can only do so if English Nature provides written consent (which may be for a limited period and/or subject to conditions) or the operation may be permitted to proceed under a management scheme or notice under ss 28(J) or 28(K). Owners or occupiers may appeal to the Secretary of State in accordance with s 28(F). It would be an offence without reasonable excuse to carry out a potentially damaging operation without the required consents. An unlimited fine can be imposed on indictment. Two specific defences are available: (a) that the operation was authorised by planning permission or (b) that it was carried out in an emergency.
