Contents
- Part 1 Introductory and general provisions
- Part 2 Conservation of natural habitats and habitats of species
- Part 3 Protection of species
- Part 4 Additional protection of habitats and wild animals and plants
- Part 5 Licences
- Part 6 Assessment of plans and projects
- Part 7 Enforcement
- Part 8 Final provisions
- Schedule 1 Special nature conservation orders: procedure
- Schedule 2 European protected species of animals
- Schedule 3 Excluded populations of certain species
- Schedule 4 Animals which may not be captured or killed in certain ways
- Schedule 5 European protected species of plants
- Schedule 6 Amendments of legislation
- Schedule 7 Revocations
Part 1 · Introductory and general provisions
1Citation and commencement#
(1)These Regulations may be cited as the Conservation of Habitats and Species Regulations 2010.
(2)Except as provided by paragraphs (3) and (4), these Regulations come into force on 1st April 2010.
(3)In regulation 6 (relevant authorities in relation to marine areas and European marine sites), paragraph (i) (inshore fisheries and conservation authority) comes into force immediately after section 153 of the Marine Act note (management of inshore fisheries) comes into force.
(4)The following provisions come into force immediately after section 134 of the Marine Act (orders for protection of marine conservation zones in Wales) comes into force (so far as not already brought into force)—
(a)paragraph (2) of regulation 38 (European marine sites: byelaws and orders), and paragraphs (3), (4) and (5) of that regulation in so far as they relate to paragraph (2); and
(b)paragraph (3) of regulation 133 (revocations), in so far as that paragraph relates to the revocation, as regards Wales, of—
(i)the entry “sections 36 and 37 of the Wildlife and Countryside Act 1981 (marine nature reserves),” in paragraph (3) of regulation 3 (implementation of Directive) of the 1994 Regulations note, and
(ii)regulation 36 (byelaws for protection of European marine site) of the 1994 Regulations.
2Extent#
(1)Except as provided in this regulation, these Regulations extend to England and Wales only.
(2)The following provisions also extend to Scotland—
(a)regulation 3(8) (interpretation in relation to adjacent sea);
(b)regulations 9 (duties relating to compliance with the Directives) and 9A (duties in relation to wild bird habitat), in so far as those regulations apply in relation to the exercise of a function which relates to a reserved matter (within the meaning of Schedule 5 to the Scotland Act 1998 (reserved matters));
(c)regulation 39(4) (statement under Planning Act 2008 note);
(ca)Chapter 1 of Part 6 (assessment of plans and projects: general provisions), in so far as that Chapter applies in relation to plans and projects—
(i)which do not relate to a matter specified in Chapters 2 to 9 of that Part, and
(ii)which relate to a reserved matter (within the meaning of Schedule 5 to the Scotland Act 1998);
(d)in regulation 68 (grant of planning permission)—
(i)paragraph (1)(e)(ii) and (iii) (deemed grant of planning permission under section 57(2) of the Town and Country Planning (Scotland) Act 1997 note and section 5(1) of the Pipe-lines Act 1962 note), and
(ii)paragraph (2) in so far as that paragraph relates to paragraph (1)(e)(ii) and (iii) of that regulation;
(e)in regulation 69 (planning permission: duty to review), in paragraph (3)—
(i)sub-paragraph (b) (direction under section 5(1) of the Pipe-lines Act 1962), and
(ii)sub-paragraph (d) in so far as that sub-paragraph relates to a direction under section 57(2) of the Town and Country Planning (Scotland) Act 1997;
(f)regulations 81, 82 and 83(2) (development consent under Planning Act 2008);
(g)Chapter 4 of Part 6 (electricity);
(h)Chapter 5 of Part 6 (pipe-lines);
(ha)regulation 100 (marine works) in so far as it applies to the granting of a licence under Part 2 of the Food and Environment Protection Act 1985;
(i)regulation 106 (national policy statements under Planning Act 2008), and regulations 102, 103 and 105 in so far as they apply in relation to a national policy statement by virtue of regulation 106; note...
(ia)regulation 107A, in so far as it applies in relation to the exercise of any power by the Secretary of State, and regulations 102, 103 and 105 in so far as they apply to marine policy statements by virtue of regulation 107A;
(j)in Schedule 6 (amendments of legislation)—
(i)sub-paragraph (3) of paragraph 5 (amendment of section 123 of the Marine Act),
(ii)sub-paragraph (5) of that paragraph (amendment of section 237 of that Act), and
(iii)paragraph 7 (amendment of the 2007 Regulations note),
and regulation 132 in so far as it relates to those provisions.
(3)The following provisions also extend to Scotland in so far as they have effect in relation to the provisions specified in paragraph (2)—
(a)regulations 1 (citation and commencement) and 2 (extent) 3 (interpretation), 5 (nature conservation bodies), 7 (competent authorities) and 8 (European sites and European marine sites);
(b)Chapter 1 of Part 6 (general provisions in relation to Part 6 (assessment of plans and projects)); and
(c)regulations 128 (advisory role of the Joint Nature Conservation Committee), 129(3) (advisory role of Scottish Natural Heritage) and 131 (notices).
(4)The following provisions also extend to Northern Ireland—
(a)regulations 9 and 9A, in so far as those regulations apply in relation to the exercise of a function which relates to an excepted matter (within the meaning given by section 4(1) of the Northern Ireland Act 1998);
(b)Chapter 1 of Part 6, in so far as that Chapter applies in relation to plans and projects—
(i)which do not relate to a matter specified in Chapters 2 to 9 of that Part, and
(ii)which relate to an excepted matter (within the meaning given by section 4(1) of the Northern Ireland Act 1998);
(c)regulation 100, in so far as it applies in relation to a marine licence under Part 4 of the Marine Act in respect of anything done in the course of carrying on an activity which relates to a matter which is an excepted matter by virtue of paragraph 4 of Schedule 2 to the Northern Ireland Act 1998 (defence of the realm etc.);
(d)regulation 107A, in so far as it applies in relation to the exercise of any power by the Secretary of State, and regulations 102, 103 and 105 in so far as they apply to marine policy statements by virtue of regulation 107A; and
(e)in Schedule 6—
(i)sub-paragraphs (3) and (5) of paragraph 5, and sub-paragraph (1) of paragraph 5 in so far as it relates to those sub-paragraphs, and
(ii)paragraph 7,
and regulation 132 in so far as it relates to those provisions.
(4A)This regulation and regulations 1, 3, 5, 7, 8, 128 and 131 also extend to Northern Ireland in so far as they have effect in relation to the provisions specified in paragraph (4).
(4B)Chapter 1 of Part 6 also extends to Northern Ireland in so far as it has effect in relation to the provision specified in paragraph (4)(c).
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)The revocation of an enactment by any provision of regulation 133 (revocations) or Schedule 7 (revocations) has the same extent as the enactment revoked, except that the following provisions do not extend to Scotland—
(a)paragraph (3) of that regulation, and paragraph (1) of that regulation so far as it relates to paragraph (3); and
(b)paragraph (4)(b) of that regulation and Part 2 of that Schedule.
3Interpretation#
(1)In these Regulations—• “the 1949 Act” means the National Parks and Access to the Countryside Act 1949 note;• “the 1994 Regulations” means the Conservation (Natural Habitats, &c.) Regulations 1994 note;• “the 2007 Regulations” means the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 note;• “the appropriate authority” means the Secretary of State in relation to England and the Welsh Ministers in relation to Wales (but see modifications of the meaning of that term in regulations 9(4) and 9A(12)(a), and modifications of references to that term in regulations 67(1)(b), (3)(c), (5) and (8)(b), 94(6), 106(3)(b) and 107A(3)(c)), and any person exercising any function of the Secretary of State or the Welsh Ministers;• “competent authority” is to be construed in accordance with regulation 7 (competent authorities);• “conservation” has the meaning given by Article 1(a) of the Habitats Directive;• “conservation status” and “favourable conservation status” have the meanings given by paragraphs (e) (in relation to habitats) and (i) (in relation to species) of Article 1 of the Habitats Directive;• “destroy”, in relation to an egg, includes doing anything to the egg which is calculated to prevent it from hatching, and “destruction” is to be construed accordingly;• “the devolved administrations” means the Welsh Ministers, the Department of the Environment in Northern Ireland and the Scottish Ministers;• “the Directives” means the Habitats Directive and the new Wild Birds Directive;• “enactment” includes a local enactment and an enactment contained in subordinate legislation, and “subordinate legislation” has the same meaning as in the Interpretation Act 1978 note (see section 21 of that Act);• “English inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to England;• “European marine site” has the meaning given by paragraph (4) of regulation 8 (European sites and European marine sites);• “European offshore marine site” means a European offshore marine site within the meaning of regulation 15 of the 2007 Regulations (meaning of European offshore marine site);• “European site” has the meaning given by regulation 8 (European sites and European marine sites);• “functions” includes powers and duties;• “the Habitats Directive” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora;• “land” includes land covered by water;• “local planning authority” means, except as otherwise provided, any authority having any function as a local planning authority or mineral planning authority under the TCPA 1990 note;• “management agreement” means an agreement made, or having effect as if made, under regulation 16 (management agreements);• “the Marine Act” means the Marine and Coastal Access Act 2009 note;• “marine area” means (subject to regulations 9(5) and 9A(12)(b)) the English inshore region and the Welsh inshore region;• “Natura 2000” means the European network of special areas of conservation, and special protection areas under the old Wild Birds Directive or the new Wild Birds Directive, provided for by Article 3(1) of the Habitats Directive;• “natural habitats” has the meaning given by Article 1(b) of the Habitats Directive;• “nature conservation body” and “appropriate nature conservation body” have the meaning given by regulation 5 (nature conservation bodies);• “the new Wild Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds note;• “Northern Ireland inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Northern Ireland;• “officer”—(a) in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, and(b) in relation to an unincorporated body, means any member of its governing body or a chief executive, manager or other similar officer of the body;• “the old Wild Birds Directive” means Council Directive 79/409/EEC on the conservation of wild birds note;• “priority natural habitat types” has the meaning given by Article 1(d) of the Habitats Directive;• “priority species” has the meaning given by Article 1(h) of the Habitats Directive;• “the register” means the register of European sites provided for by regulation 13 (register of European sites);• “relevant authorities”, in relation to marine areas and European marine sites, is to be construed in accordance with regulation 6 (relevant authorities in relation to marine areas and European marine sites);• “relevant licensing body” has the meaning given by regulation 56 (relevant licensing body);• “research” includes inquiries and investigations;• “restricted English inshore region” means so much of the English inshore region as lies to seaward of mean low water mark;• “sample” means a sample of blood, tissue or other biological material;• “Scottish inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Scotland;• “sea” includes—(a) any area submerged at mean high water spring tide, and(b) the waters of every estuary, river or channel, so far as the tide flows at mean high water spring tide,and any reference to an area of sea includes the bed and subsoil of the sea within that area;• “ship” means any vessel (including hovercraft, submersible craft and other floating craft) other than one which permanently rests on, or is permanently attached to, the seabed;• “site” has the meaning given by Article 1(j) of the Habitats Directive;• “site of Community importance” has the meaning given by Article 1(k) of the Habitats Directive;• “special area of conservation” has the meaning given by Article 1(l) of the Habitats Directive;• “specimen”—(a) for the purposes of Part 7 (enforcement), means any animal or plant, or any part of, or anything derived from, an animal or plant, and(b) for all other purposes has the meaning given by Article 1(m) of the Habitats Directive;• “statutory undertaker” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of Part 11 of the TCPA 1990 (statutory undertakers);• “the TCPA 1990” means the Town and Country Planning Act 1990 note;• “the WCA 1981” means the Wildlife and Countryside Act 1981 note; note...• “Welsh inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Wales;• “wild bird” means a bird which is—(a) a member of a species referred to in Article 1 of the new Wild Birds Directive, and(b) wild.
(2)The area of sea referred to in sub-paragraph (a) of the definition of “sea” in paragraph (1) includes waters in any area—
(a)which is closed, whether permanently or intermittently, by a lock or other artificial means against the regular action of the tide, but
(b)into and from which seawater is caused or permitted to flow, whether continuously or from time to time.
(3)Terms not defined in paragraph (1) which are used in these Regulations and also in the Habitats Directive have the meaning they bear in that Directive.
(4)In these Regulations, any reference to an Annex to the Habitats Directive is a reference to that Annex to that Directive as amended from time to time.
(5)Subject to regulation 83(1)(which relates to the construction of provisions of Chapter 2 of Part 6 as one with the TCPA 1990), these Regulations apply to the Isles of Scilly as if the Isles were a county and the Council of the Isles were a county council.
(6)Except as provided by paragraph (7), for the purposes of these Regulations—
(a)any reference to England includes the English inshore region;
(b)any reference to Wales includes the Welsh inshore region;
(c)any reference to Scotland includes the Scottish inshore region; note...
(d)any reference to Great Britain includes the English inshore region, the Welsh inshore region and the Scottish inshore region;
(e)any reference to Northern Ireland includes the Northern Ireland inshore region; and
(f)any reference to the United Kingdom includes its internal waters and the English inshore region, the Welsh inshore region, the Scottish inshore region and the Northern Ireland inshore region.
(7)Paragraph (6) does not apply for the purposes of—
(a)in paragraph (1), the definitions of “English inshore region”, “Welsh inshore region”, “Scottish inshore region” and “Northern Ireland inshore region”;note...
(b)paragraph (8); or
(c)regulation 4(2)(a)(ii).
(8)For the purposes of these Regulations—
(a)the territorial sea adjacent to England is so much of the territorial sea adjacent to the United Kingdom as is not the territorial sea adjacent to Wales, the territorial sea adjacent to Scotland or the territorial sea adjacent to Northern Ireland;
(c)“the territorial sea adjacent to Scotland” is to be construed in accordance with article 3 of and Schedule 1 to the Scottish Adjacent Waters Boundaries Order 1999note; and
(d)“the territorial sea adjacent to Northern Ireland” is to be construed in accordance with article 2 of the Adjacent Waters Boundaries (Northern Ireland) Order 2002.
(9)Nothing in these Regulations is to be construed as excluding the application of the provisions of Part 1 of the WCA 1981 (wildlife) in relation to animals or plants also protected under Part 3, 4 or 5 of these Regulations.
4Plans or projects relating to offshore marine area or offshore marine installations#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
5Nature conservation bodies#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
6Relevant authorities in relation to marine areas and European marine sites#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
8European sites and European marine sites#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
9Duties relating to compliance with the Directives#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2 · Conservation of natural habitats and habitats of species
Byelaws
31Byelaws: supplementary provisions#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Control of potentially damaging operations
19Notification of potentially damaging operations#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
20Restriction on carrying out operations specified in notification#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
21Assessment of implications for European sites#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
22Notification of appropriate authority in case of risk#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
European marine sites
35Marking of site and advice by nature conservation bodies#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
36Management scheme for European marine site#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
European sites
10Selection of sites eligible for identification as of Community importance#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
11Designation of special areas of conservation#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
12Consultation as to inclusion of site omitted from the list#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Management agreements
Nature conservation policy in planning contexts
Powers of compulsory acquisition
Register of European sites
13Register of European sites#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Special nature conservation orders
25Power to make special nature conservation order#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
26Restriction on carrying out operations specified in order#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
27Assessment of implications for European sites after service of stop notice#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Part 3 · Protection of species
Interpretation of Part 3
Protection of animals
40European protected species of animals#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
41Protection of certain wild animals: offences#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Protection of plants
44European protected species of plants#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Part 4 · Additional protection of habitats and wild animals and plants
Introduction of new species
Surveillance and monitoring
48Surveillance of conservation status of habitats and species#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
49Protection of certain animals and plants from exploitation#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Part 5 · Licences
Offences
Grant of licences
53Licences for certain activities relating to animals or plants#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Relevant licensing body
Part 6 · Assessment of plans and projects
Chapter 1 · General provisions
General provisions for protection of European sites and European offshore marine sites
61Assessment of implications for European sites and European offshore marine sites#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
62Considerations of overriding public interest#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
63Review of existing decisions and consents#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
64Consideration on review#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Introductory provisions
Chapter 2 · Planning
Development consent under Planning Act 2008
General development orders
73General development orders#
(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.
(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;
(b)section 33(1) (obstruction etc. of officers);
(2)
(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;
(b)section 33(1) (obstruction etc. of officers);
(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;
(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.
74General development orders: opinion of appropriate nature conservation body#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Interpretation of Chapter 2
Local development orders
78Local development orders#
A local development order may not grant planning permission for development which—
(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;
(b)section 33(1) (obstruction etc. of officers);
Neighbourhood development orders
78ANeighbourhood development orders#
A neighbourhood development order may not grant planning permission for development which—
(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;
(b)section 33(1) (obstruction etc. of officers);
Planning permission
68Grant of planning permission#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
69Planning permission: duty to review#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
70Planning permission: consideration on review#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Simplified planning zones and enterprise zones
79Simplified planning zones#
(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.
(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;
(b)section 33(1) (obstruction etc. of officers);
(2)
(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.
(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.
80Enterprise zones#
(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.
(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;
(b)section 33(1) (obstruction etc. of officers);
(2)
(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.
(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.
Special development orders
77Special development orders#
(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.
(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;
(b)section 33(1) (obstruction etc. of officers);
(2)
(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.
(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.
Chapter 3 · Highways and roads
Chapter 4 · Electricity
86Consents under Electricity Act 1989: application of assessment and review provisions#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
87Consents under Electricity Act 1989: procedure on review#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Chapter 5 · Pipe-lines
90Authorisations under Pipe-lines Act 1962: application of assessment and review provisions#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
91Authorisations under Pipe-lines Act 1962: procedure on review#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Chapter 6 · Transport and works
94Orders under Transport and Works Act 1992: application of assessment and review provisions#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
95Orders under Transport and Works Act 1992: procedure on review#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Chapter 7 · Environmental controls
Chapter 8 · Land use plans
Interpretation of Chapter 8
Land use plans
102Assessment of implications for European sites and European offshore marine sites#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
102AAssessment of implications for European site: neighbourhood development plans#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
103Considerations of overriding public interest#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Planning Act 2008
Chapter 9 · Marine policy statement and marine plans
Part 7 · Enforcement
Miscellaneous
121Advice and assistance from nature conservation bodies#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
123Proceedings for offences: venue and time limits#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Offences
116Attempts and possession of means of committing offence#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
117Obstruction of persons exercising powers of entry under regulation 111#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Codes of practice
Interpretation of Part 7
Powers in relation to specimens and samples
113Powers in relation to samples: constables#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Powers of entry
109Powers of entry: constables#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Powers of search, etc.
Wildlife inspectors
Part 8 · Final provisions
127Powers of drainage authorities#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
128Advisory role of the Joint Nature Conservation Committee#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
129Advisory role of Natural England, the Natural Resources Body for Wales and Scottish Natural Heritage#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Schedule 1 · Special nature conservation orders: procedure
Coming into operation
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Publicity for orders
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Unopposed orders
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Opposed orders
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Restriction on power to amend orders or confirm them with modifications
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Notice of final decision on order
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Proceedings for questioning validity of orders
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Interpretation
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Schedule 2 · European protected species of animals
Schedule 3 · Excluded populations of certain species
Schedule 4 · Animals which may not be captured or killed in certain ways
Schedule 5 · European protected species of plants
Schedule 6 · Amendments of legislation
Part 1 · Primary legislation
(1)In the Harbours Act 1964 note, in Part 1 of Schedule 3 (procedure for making harbour revision and empowerment orders), in paragraph 1 (interpretation), for paragraph (j) of the definition of “sensitive area”note substitute—“j a European site within the meaning of the Conservation of Habitats and Species Regulations 2010 (see regulation 8);”
(2)In the Conservation of Seals Act 1970 note, in subsection (4A) note of section 10 (power to grant licences), for “regulation 41 of the Conservation (Natural Habitats, &c) Regulations 1994” substitute “ regulation 43 of the Conservation of Habitats and Species Regulations 2010 ”.
(3)In the Highways Act 1980 note, in section 105A note (environmental impact assessments), in subsection (6)(i) note, for “regulation 10 of the Conservation (Natural Habitats etc) Regulations 1994” substitute “ the Conservation of Habitats and Species Regulations 2010 (see regulation 8) ”.
(4)In the Constitutional Reform Act 2005 note, in Part 3 of Schedule 14 note (appointments by the Lord Chancellor: offices to which paragraph 2(2)(d) of Schedule 12 applies), in the column entitled “enactment”, for the entry “Regulation 32(3)(a) of the Conservation (Natural Habitats, &c) Regulations 1994 (SI 1994/2716)” substitute “ Regulation 34(3) of the Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490) ”.
(5)
(1)The Marine Act is amended as follows.
(2)In section 12 (certain consents under section 36 of the Electricity Act 1989), subsection (5)(c) is omitted.
(3)In subsection (9) of section 123 (creation of network of conservation sites), in paragraph (a) of the definition of “European marine site”—
(a)after “within the meaning of” insert “ — (i) ”; and
(b)after “, or” insert—“ii the Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490) (see regulation 8), or”
(4)In subsection (6)(d) of section 158 (byelaws: supplementary provision), for “the Conservation (Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716)” substitute “ the Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490) (see regulation 8) ”.
(5)In subsection (2) of section 237 (enforcement of nature conservation legislation)—
(a)omit paragraphs (c) and (d); and
(b)after paragraph (h) add—“i regulations 41, 43, 45, 52, 57, 58 and 116(1) and (2) of the Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490);j any byelaws or orders made by virtue of regulation 30 or 38 of those Regulations. ”
(6)Paragraph 4 of Schedule 11 (amendment of the 1994 Regulations) is omitted.
Part 2 · Subordinate legislation
(6)note...“”
(7)
(1)The 2007 Regulations are amended as follows.
(2)In paragraph (2) of regulation 2 note (interpretation)—
(a)after the definition of “the 1994 Regulations” insert—““the 2010 Regulations” means the Conservation of Habitats and Species Regulations 2010 note;”
(b)in paragraph (a) of the definition of “management scheme”, for “or regulation 29 of the Conservation (Natural Habitats, &c) Regulations (Northern Ireland) 1995” substitute “ , regulation 29 of the Conservation (Natural Habitats, &c) Regulations (Northern Ireland) 1995 or regulation 36 of the 2010 Regulations ”.
(3)In paragraph (12) of regulation 19 note (management schemes for European offshore marine sites), for “or the Conservation (Natural Habitats, &c) Regulations (Northern Ireland) 1995.” substitute “ , the Conservation (Natural Habitats, &c) Regulations (Northern Ireland) 1995 or the 2010 Regulations. ”.
(4)In regulation 25 note (protection of European offshore marine sites and European sites)—
(a)in paragraph (7), for “1994” substitute “ Conservation ” (in both places); and
(b)after paragraph (7) insert—“7A In paragraph (7) “the Conservation Regulations” means either the 1994 Regulations or the 2010 Regulations (as the case may be).”
(5)In regulation 27 note (review of existing decisions and consents), for paragraph (8) substitute—“8 Regulations 87 and 88 of the 2010 Regulations (consents under Electricity Act 1989 note: procedure on review and effect of review) apply in relation to any decision under paragraph (4) revoking or modifying a consent granted under section 36 note or 37 note of the Electricity Act 1989 as they apply in relation to a decision pursuant to regulation 86 of the 2010 Regulations revoking or varying any such consent, but with the modifications specified in paragraphs (9) and (10).9 In regulation 87—a in paragraph (1)—i for “86(3), (5) or (6)” substitute “ 86(3) or (5) ”,ii omit “or a direction deeming planning permission to be granted”,iii in sub-paragraph (a), omit “or, as the case may be, in whose favour the direction was made”, andiv in sub-paragraph (b), omit “in the case of a consent under section 36 of the Electricity Act 1989,”;b omit paragraph (2)(a); andc in paragraph (4)—i omit “, or the relevant planning authority,”, andii in sub-paragraph (a), omit “or the relevant planning authority (as the case may be)”.10 In regulation 88—a in paragraph (1)—i for “86(3), (5) or (6)” substitute “ 86(3) or (5) ”, andii omit “or a direction deeming planning permission to be granted”; andb in paragraphs (2) and (3), omit “or direction” (in all places).”
Schedule 7 · Revocations
Part 1 · Revocations
Part 2 · Revocations not extending to scotland
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