Schedule 9A, Part 3, paragraph 10(2)

The circumstances are— the environmental authority considers that an owner has failed to comply with a species control agreement entered into with the environmental authority and, having been given notice to that effect and a reasonable opportunity to rectify the failure, has not done so; the environmental authority has offered to enter into a species control agreement with an owner but— the owner has refused to enter into any kind of species control agreement, or no species control agreement has been entered into in respect of the premises by the end of the period of 42 days beginning with the day after the offer was made and the authority considers it unlikely that the owner will enter any kind of such agreement; the environmental authority considers that the making of the order is urgently necessary; the environmental authority has been unable to identify an owner, having— placed on the premises a conspicuous notice of its desire to enter into a species control agreement, and waited for 5 days after the day on which the notice was placed.

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Source: legislation.gov.uk · retrieved 2026-07-30