Natural Environment and Rural Communities Bill

moved Amendment No. 6:"Page 22, line 14, after ““has”” insert ““(whether before or after the commencement of this section)””" The noble Lord said: My Lords, Clause 57 provides a saving for the validity of SSSI notifications where it appears that the conservation bodies discover a missed party, despite having taken all reasonable steps to discharge the duty to notify every owner and occupier of the site. In Committee, my noble friend Lord Carter raised the important issue of applying this measure retrospectively to protect all existing sites against a legal challenge on this basis. On Report, the noble Baroness, Lady Miller of Chilthorne Domer, tabled an amendment which sought to achieve that. I promised to return on Third Reading with amendments that would do so satisfactorily. I note the support for this in the House, and I am delighted to say that I have been able to do what noble Lords have asked. Amendment No. 6 ensures that the provision applies to SSSI notifications given either before or after its commencement, thereby capturing all existing sites. Amendment No. 7 deals with the important question of liability. We should bear in mind that we are talking about a very small minority of people compared with the many thousands of notified owners and occupiers. Nevertheless, we considered it right, in ensuring the validity of the sites, to provide that liability is not imposed in respect of any action or inaction that occurred before commencement of the provision. Amendment No. 7 ensures that liability in relation to the two specified offences that concern owners and occupiers will not be imposed until they have come to light and the conservation bodies have served the notification papers on them. I beg to move.