Relevant Act(s) | Description | NPA Status |
Wildlife and Countryside Act 1981, s28. | Places a duty on SNH (and other GB Countryside Agencies), where it is of the opinion that the area is of special interest by reason of the flora, fauna, geological or physiographical features, to notify the local planning authority, the owner or occupier of the land and the The Scottish Ministers. | NPA to be added to the list of consultees for SSSI issues. |
Forestry Act 1967, s's 3, 4, 9 and 12(1) with relevant provisions in the Countryside (Scotland) Act 1967 and as amended by the Crofter Forestry Act 1991. | These powers enable the Forestry Commission to manage forestry land, make grants or loans for afforestation, and gives them powers to control felling. | NPA to be consulted on these issues if they impact on the NP. |
Salmon Act 1986, s3. | This section gives The Scottish Ministers the power to make regulations by SI, after consultation with appropriate person, in respect of the weekly close time, the use of cruives (traps), construction of dams to afford reasonable means for the passage of salmon, the types of nets used in salmon fishing, construction and the use of screens for the control of passage of salmon. | NPA to be consulted by The Scottish Ministers as appropriate persons when necessary (particularly when the power effects a NP area). |
Sea Fisheries (Shellfish) Act 1967 | The Scottish Ministers may make orders on the application of any person conferring on the grantee the right of regulating a fishery of any specified description of shellfish. He may also make orders imposing restrictions and making regulations prohibiting all person from fishing under license issued by grantees of the right of regulation. He may also grant a certificate bringing in the right of several fishery or regulating a fishery to an end if he is not satisfied that the grantees are properly cultivating the ground for shellfish as described in the relevant order. | NPAs will be consulted under schedule 1 of the Act. |
Sea Fisheries (Shellfish) Act 1967, s's 9 and 1 | The act confers The Scottish Ministers the power to make grants and loans for the restoration of shellfish fisheries which have been affected by disease or pests and to make orders preventing the deposit, importation or taking of shellfish to prevent the spread of disease or pests. | Relevant bodies are consulted (under schedule 1) and NPAs would be consulted when necessary. |
Roads (Scotland) Act 1984 S's 13(1), (2), 15, 16 and 20 | The Scottish Ministers or local roads authorities can maintain and create roads and are required to consider the environmental impact of roads projects on the environment. Also include specific powers to prohibit or limit traffic in certain areas for the purposes of conservation or recreation by promotion of a traffic regulation order. Plus they may construct new roads and have powers to carry out works for the improvement and maintenance of existing roads. | NPAs to be included as consultees. |
Road Traffic Regulation Act 1984 | Local Roads Authorities can make a traffic regulation order prohibiting, restricting or regulating the use of a public road by specified classes of vehicles or pedestrians. | NPAs will be included as consultees. |
Local Roads Authorities Traffic Orders (Procedure) (Scotland) Regs 1999 | Sets out procedure to be followed by local authorities when making Traffic Regulation Orders. | NPAs would be added to list of statutory consultees. |
Water Scotland Act 1980 s71 | Water authorities may create bye-laws for preventing pollution of (raw) water. | NPAs to be added to list of consultees. Schedule 1 of the Act. |
Electricity Act 1989 Schedules 5 and 9 | A license holder may be authorised by The Scottish Ministers to abstract and divert water from any water course or loch which may be necessary for operating, constructing any water driven generating station. Also electricity companies are able to execute works or install electricity lines or plants in roads or bridges. And to maintain, repair etc. any lines or plant or any structures covering lines or plant. | NPA to be added to list of statutory consultees. |
Control of Pollution Act 1974 Schedule 1A, S(3)(2)b | To designate nitrate sensitive areas and enter into management agreements with farmers within these areas. | NPA to be consulted on nitrate sensitive areas within the designated area. |
Enterprise and New towns (Scotland) 1990 s5(1) and 6(1) | HIE and SE are required to submit proposals to The Scottish Ministers ie respect of their functions, following consultation with bodies appearing to have an interest. | NPAs to be included as statutory consultees. |
Environment Act 1995, Schedule 11, s1(2) | LAs have powers to carry out air quality reviews. | NPA to be added to list of statutory consultees. |
Environmental Impact Assessment Act, SI 99 No1, s51 | The Scottish Ministers for certain road projects have to carry out environmental assessments. | NPA to be added to list of statutory consultees. |
Environmental Impact Assessment Act, SI 99 No1, s2 | Applications can be made for planning permission for EIA development. | NPA to be added to list of statutory consultees. |
Town and Country Planning (Scotland) Act 1997 | LAs have functions in respect of planning. (Note: designation order to specify whether NPA to take on some or all of planning function from LAs). | NPA to be added to list of statutory consultees as appropriate. |
Conservation and Natural Habitats Regulations 1994, s(6) | English and Welsh National Parks are named currently under these regulations, and have been made competent authorities. Competent authorities have to have regard to the Habitats Directive when exercising any of their functions. | NPAs to be added to the list of competent authorities under section 6 of the regulations. |