Summary. This guide applies to European sites in England and Wales and their inshore waters (within 12 nautical miles of the coast). Procedure for making byelaws, penalties, &c. Supplementary provisions as to acquisition of land, Attempts and possession of means of committing offence, Proceedings for offences: venue, time limits, the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. 2.Amendment of the Wildlife and Countryside Act 1981: England and Wales, PART 3 Amendments to the Conservation of Habitats and Species Regulations 2017, 3.Amendment of the Conservation of Habitats and Species Regulations 2017, 4.Amendment of regulation 3 (interpretation), 6.Amendments of regulation 8 (European sites and European marine sites), 7.Amendment to regulation 9 (duties relating to compliance with the Directives), 9.Amendment of regulation 10 (duties in relation to wild bird habitat), 11.Omission of Regulation 14 (consultation as to inclusion of site omitted from the list), 12.Amendment of regulation 15 (classification of sites as special protection areas), 14.Amendment of regulation 17 (register of European sites), 15.Amendment of regulation 24 (assessment of implications for European sites), 16.Amendment of regulation 29 (assessment of implications for European sites after service of stop notice), 17.Amendment of regulation 44 (protection of certain wild animals: defences), 18.Amendment of regulation 45 (prohibition of certain methods of capturing or killing wild animals), 19.Amendment of regulation 48 (protection of certain wild plants: defences), 20.Amendment of regulation 50 (surveillance of conservation status of habitats and species), 21.Amendment to regulation 51 (protection of certain animals and plants from exploitation), 22.Amendment of regulation 53 (protection from incidental capture and killing), 23.Amendment of regulation 55 (licences for certain activities relating to animals or plants), 24.Amendment of regulation 63 (assessment of implications for European sites and European offshore marine sites), 25.Amendment of regulation 64 (considerations of overriding public interest), 26.Amendment of regulation 107 (considerations of overriding public interest), 27.Amendment of regulation 116 (powers of entry: wildlife inspectors), 28.Amendment to regulation 136 (research), 30.Insertion of new regulations 143 to 145, PART 4 Amendments to the Conservation of Offshore Marine Habitats and Species Regulations 2017, 32.Amendment of the Conservation of Offshore Marine Habitats and Species Regulations 2017, 33.Amendment of regulation 2 (interpretation), 34.Amendment of regulation 6 (duty of competent authorities), 35.Amendment of regulation 7 (list of sites eligible for identification as of Community importance), 37.Amendment of regulation 8 (notification of a proposal), 39.Amendment of regulation 12 (classification of sites as special protection areas), 40.Amendment of regulation 13 (classification of sites in the Scottish offshore region and the Welsh offshore region as special protection areas), 41.Amendment to regulations 15 to 17 (hearings), 42.Amendment of regulation 18 (meaning of European offshore marine site), 44.Amendment of regulation 19 (register of European offshore marine sites), 45.Amendment of regulation 20 (notification of changes to the register), 46.Amendment of regulation 24 (co-ordinated management of sites), 47.Amendment of regulation 26 (prevention of deterioration of habitats and disturbance of species), 48.Amendment of regulation 27 (meaning of European site), 49.Amendment of regulation 28 (protection of European offshore marine sites and European sites), 50.Amendment of regulation 29 (considerations of overriding public interest), 51.Amendment of regulation 33 (review of existing decisions and consents), 52.Amendment of regulation 37 (notification of compensatory measures), 53.Amendment of regulation 38 (offences relating to European offshore marine sites), 54.Amendment of regulation 39 (application of offences in Part 3), 55.Amendment of regulation 40 (protection of wild birds, their eggs and nests), 56.Amendment of regulation 41 (defences to the offences in regulation 40), 57.Amendment of regulation 42 (prohibition of certain methods of capturing or killing wild birds), 58.Amendment of regulation 43 (sale etc. These Regulations consolidate the Conservation (Natural Habitats, &c.) Regulations 1994 (the 1994 Regulations). Different options to open legislation in order to view more content on screen at once. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. Reporting obligations. Summary: These Regulations consolidated the Conservation of Habitats and Species Regulations 2010, and made minor modifications. Access essential accompanying documents and information for this legislation item from this tab. Natural England will rely on the accuracy of the information provided by an Applicant. Such animals include (but are not limited to) bats, great crested newts, badgers, natterjack toads and otters. Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. Special Areas of Conservation overview. The appropriate authorities retain regular reporting obligations similar to that 27.Continuation in force of existing orders, &c. 31.Continuation in force of existing byelaws, Special provisions as to European marine sites, 33.Marking of site and advice by nature conservation bodies, 34.Management scheme for European marine site, 35.Direction to establish or amend management scheme, 36.Byelaws for protection of European marine site, 37.Nature conservation policy in planning contexts, 39.Protection of wild animals of European protected species, 41.Prohibition of certain methods of taking or killing wild animals, 43.Protection of wild plants of European protected species, 44.Grant of licences for certain purposes, 46.False statements made for obtaining licence, PART IV ADAPTATION OF PLANNING AND OTHER CONTROLS, 47.Application of provisions of this Part, General provisions for protection of European sites, 48.Assessment of implications for European site, 49.Considerations of overriding public interest. Human-caused habitat loss and fragmentation are primary drivers of species declines and extinctions. The Conservation of Habitats and Species Regulations 2017 Enquiry Form Please fully complete this Enquiry form and return to: gcndll@naturalengland.org.uk . The Wildlife & Countryside Act 1981. Habitat destruction. Schedules to the Habitats Regulations The various schedules attached to the Habitats Regulations include: Habitats Regulations 1994 Schedule 2 European protected species of animal A European site is protected by the Conservation of Habitats ), 59.Amendment of regulation 45 (protection of wild animals listed in Annex IV(a) to the Habitats Directive), 60.Amendment of regulation 46 (defences to the offences in regulation 45), 61.Amendment of regulation 47 (prohibition of certain methods of capturing and killing wild animals), 62.Amendment of regulation 49 (offences relating to wild plants listed in Annex IV(b) to the Habitats Directive), 63.Amendment of regulation 50 (surveillance of conservation status of habitats and species), 64.Amendment of regulation 54 (introduction of new species), 67.Amendment of regulation 76 (re-introduction of species), 68.Omission of regulation 79 (reports to the Commission), 69.Insertion of new regulations 84A and 84B, PART 5 Amendments to the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001, 73.Amendment of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001, 74.Amendment of regulation 2 (interpretation), 75.Amendment of regulation 3 (application of the Directives), 76.Amendment of regulation 6 (projects which should be carried out for imperative reasons of overriding public interest), 77.Amendment of regulation 7 (control of activities under licence), New Schedule 4A to the Conservation of Habitats and Species Regulations 2017, New Schedule 2A to the Conservation of Offshore Marine Habitats and Species Regulations 2017, New Schedule 3A to the Conservation of Offshore Marine Habitats and Species Regulations 2017. This is the primary mechanism for wildlife protection in Britain. This applies to England and Wales. The Conservation of Habitats and Species Regulations 2017 and the Conservation of Offshore Marine Habitats and Species Regulations 2017 are the principal pieces of secondary legislation that transpose the terrestrial and offshore marine aspects of the EU habitats directive and certain elements of the EU wild birds directivecommonly referred to as the nature directivesinto domestic Changes we have not yet applied to the text, can be found in the Changes to Legislation area. Introductory. We call these the 2019 Regulations. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. In this document we call these the 2017 Regulations. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards. Amendment of the Wildlife and Countryside Act 1981: England and Wales, Amendment of the Conservation of Habitats and Species Regulations 2017, Amendment of regulation 3 (interpretation), Amendments of regulation 8 (European sites and European marine sites), Amendment to regulation 9 (duties relating to compliance with the Directives), Amendment of regulation 10 (duties in relation to wild bird habitat), Omission of Regulation 14 (consultation as to inclusion of site omitted from the list), Amendment of regulation 15 (classification of sites as special protection areas), Amendment of regulation 17 (register of European sites), Amendment of regulation 24 (assessment of implications for European sites), Amendment of regulation 29 (assessment of implications for European sites after service of stop notice), Amendment of regulation 44 (protection of certain wild animals: defences), Amendment of regulation 45 (prohibition of certain methods of capturing or killing wild animals), Amendment of regulation 48 (protection of certain wild plants: defences), Amendment of regulation 50 (surveillance of conservation status of habitats and species), Amendment to regulation 51 (protection of certain animals and plants from exploitation), Amendment of regulation 53 (protection from incidental capture and killing), Amendment of regulation 55 (licences for certain activities relating to animals or plants), Amendment of regulation 63 (assessment of implications for European sites and European offshore marine sites), Amendment of regulation 64 (considerations of overriding public interest), Amendment of regulation 107 (considerations of overriding public interest), Amendment of regulation 116 (powers of entry: wildlife inspectors), Amendment of the Conservation of Offshore Marine Habitats and Species Regulations 2017, Amendment of regulation 2 (interpretation), Amendment of regulation 6 (duty of competent authorities), Amendment of regulation 7 (list of sites eligible for identification as of Community importance), Amendment of regulation 8 (notification of a proposal), Amendment of regulation 12 (classification of sites as special protection areas), Amendment of regulation 13 (classification of sites in the Scottish offshore region and the Welsh offshore region as special protection areas), Amendment to regulations 15 to 17 (hearings), Amendment of regulation 18 (meaning of European offshore marine site), Amendment of regulation 19 (register of European offshore marine sites), Amendment of regulation 20 (notification of changes to the register), Amendment of regulation 24 (co-ordinated management of sites), Amendment of regulation 26 (prevention of deterioration of habitats and disturbance of species), Amendment of regulation 27 (meaning of European site), Amendment of regulation 28 (protection of European offshore marine sites and European sites), Amendment of regulation 29 (considerations of overriding public interest), Amendment of regulation 33 (review of existing decisions and consents), Amendment of regulation 37 (notification of compensatory measures), Amendment of regulation 38 (offences relating to European offshore marine sites), Amendment of regulation 39 (application of offences in Part 3), Amendment of regulation 40 (protection of wild birds, their eggs and nests), Amendment of regulation 41 (defences to the offences in regulation 40), Amendment of regulation 42 (prohibition of certain methods of capturing or killing wild birds), Amendment of regulation 45 (protection of wild animals listed in Annex IV(a) to the Habitats Directive), Amendment of regulation 46 (defences to the offences in regulation 45), Amendment of regulation 47 (prohibition of certain methods of capturing and killing wild animals), Amendment of regulation 49 (offences relating to wild plants listed in Annex IV(b) to the Habitats Directive), Amendment of regulation 54 (introduction of new species), Amendment of regulation 76 (re-introduction of species), Omission of regulation 79 (reports to the Commission), Amendment of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001, Amendment of regulation 3 (application of the Directives), Amendment of regulation 6 (projects which should be carried out for imperative reasons of overriding public interest), Amendment of regulation 7 (control of activities under licence), the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources, the original print PDF of the as made version that was used for the print copy. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. Special Areas of Conservation (SACs) are protected areas in the UK designated under: the Conservation of Habitats and Species Regulations 2017 (as amended) in England and Wales (including the adjacent territorial sea) and to a limited extent in Scotland (reserved matters) and Northern Ireland (excepted matters), Habitat destruction decreases the number of places wildlife can live in. As a consequence of EU exit, it has been necessary to make a number of changes to the Conservation (Natural Habitats, &c.) Regulations 1994 [1] [2] [3], the Conservation of Habitats and Species Regulations 2017 [4] [5], the Conservation of Offshore Marine Habitats and Species Regulations 2017 [6] [7], and the Offshore Petroleum Activities (Conservation of Habitats) Regulations For more information see the EUR-Lex public statement on re-use. Different options to open legislation in order to view more content on screen at once. Changes to the Habitats Regulations 2017 This guidance relates to the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019. of live or dead wild birds, eggs etc. 94.Procedure for making byelaws, penalties, &c. Supplementary provisions as to compulsory acquisition, 98.Supplementary provisions as to acquisition of land, Supplementary provisions as to protection of species, 100.Attempts and possession of means of committing offence, 102.Proceedings for offences: venue, time limits, 104.Saving for other protective provisions, PROCEDURE IN CONNECTION WITH ORDERS UNDER REGULATION 22, ANIMALS WHICH MAY NOT BE TAKEN OR KILLED IN CERTAIN WAYS. Two new regulations came into force in November 2017: the Conservation of Habitats and Species Regulations 2017 (Habitats Regulations 2017); and the Conservation of Offshore Marine Habitats and Species Regulations 2017 (Offshore Regulations 2017) (together the 2017 Regulations). The Conservation of Habitats and Species Regulations 2010 (SI 2010/490), as originally made. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. These Regulations may be cited as the Conservation The changes are made by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019. Provenance, Guidance and Relevance to Planning 2. They also implement aspects of the Marine and all public authorities have a responsibility to avoid the deterioration of natural habitats and species protected under the Birds and Habitats Directives, ; Part 1 states that public bodies must carry out their nature conservation and marine conservation functions in order to comply [Log in or register for your free trial to see the rest of this document.] Wildlife inspectors. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. 2.Amendment of the Wildlife and Countryside Act 1981: England Explanatory Memorandum sets out a brief statement of the purpose of a Dependent on the legislation item being viewed this may include: All content is available under the Open Government Licence v3.0 except where otherwise stated. No changes have been applied to the text. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. 47.Application of provisions of Solicitor Kayleigh Chapman, in our leading Planning & Environmental law team, explains the Conservation of Habitats and Species Regulations 2010. This is the original version (as it was originally made). Continuation in force of existing orders, &c. Continuation in force of existing byelaws, Marking of site and advice by nature conservation bodies, Management scheme for European marine site, Direction to establish or amend management scheme, Byelaws for protection of European marine site, Nature conservation policy in planning contexts, Protection of wild animals of European protected species, Prohibition of certain methods of taking or killing wild animals, Protection of wild plants of European protected species, False statements made for obtaining licence, Assessment of implications for European site, Considerations of overriding public interest. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. 108.Wildlife inspectors. Relevant authorities in relation to marine areas and European marine sites, Selection of sites eligible for identification as of Community importance, Adoption of list of sites: designation of special areas of conservation, Consultation as to inclusion of site omitted from the list, Meaning of European site in these Regulations, Duty to compile and maintain register of European sites, Notification to appropriate nature conservation body. The Offshore Marine Regulations 2017 apply in Scottish waters more than 12 nautical miles from land. ADAPTATION OF PLANNING AND OTHER CONTROLS. 50.Review of existing decisions and consents, &c. 52.Coordination where more than one competent authority involved, 56.Planning permission: consideration on review, 57.Effect of orders made on review: England and Wales, 58.Effect of orders made on review: Scotland, 59.Planning permission: supplementary provisions as to compensation, 61.General development orders: opinion of appropriate nature conservation body, 62.General development orders: approval of local planning authority, 63.General development orders: supplementary, 67.Simplified planning zones and enterprise zones: supplementary provisions as to compensation, 68.Construction as one with planning legislation, 69.Construction or improvement of highways or roads, 70.Cycle tracks and other ancillary works, 71.Consents under Electricity Act 1989: application of general requirements, 72.Consents under the Electricity Act 1989: procedure on review, 73.Consents under Electricity Act 1989: effect of review, 74.Consents under Electricity Act 1989: compensation for revocation or variation, 75.Authorisations under the Pipelines Act 1962: application of general requirements, 76.Authorisations under the Pipelines Act 1962: procedure on review, 77.Authorisations under the Pipelines Act 1962: effect of review, 78.Authorisations under the Pipelines Act 1962: compensation for revocation or variation, 79.Orders under the Transport and Works Act 1992: application of general requirements, 80.Orders under the Transport and Works Act 1992: procedure on review, 81.Order under the Transport and Works Act 1992: effect of review, 82.Orders under the Transport and Works Act 1992: compensation for revocation or variation, 83.Authorisations under Part I of the Environmental Protection Act 1990, 84.Licences under Part II of the Environmental Protection Act 1990, 85.Discharge consents under water pollution legislation, Supplementary provisions as to management agreements, 86.Powers of limited owners, &c. to enter into management agreements, Supplementary provisions as to potentially damaging operations, 87.Carrying out of operation after expiry of period, 88.Duties of agriculture Ministers with respect to European sites, 89.Payments under certain agreements offered by authorities, 92.Compensation: other supplementary provisions. Jacobs Ltd on Behalf of Torbay Council Habitat Regulations Assessment for P/2017/1133 Inglewood, Paignton Page 1 Conservation of Habitats and Species Regulations 2017 Habitats Regulations Assessment (12 December 2019) Part A The Proposal 1) Type of permission/activity: Full planning permission 2) Application reference no: P/2017/1133 13.Notice to landowners, relevant authorities, &c. 17.Continuation in force of existing agreement, &c. Control of potentially damaging operations, 18.Notification of potentially damaging operations, 19.Restriction on carrying out operations specified in notification, 20.Supplementary provisions as to consents, 21.Provision as to existing notices and consents, 22.Power to make special nature conservation order, 23.Restriction on carrying out operations specified in order, 24.Supplementary provisions as to consents. Powers of entry. Introduction. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. These regulations transpose into UK law EU Council Directives on Habitats (92/43/EEC) and Wild Birds (79/409/EEC). Notice to landowners, relevant authorities, &c. Continuation in force of existing agreement, &c. Notification of potentially damaging operations, Restriction on carrying out operations specified in notification, Provision as to existing notices and consents, Power to make special nature conservation order, Restriction on carrying out operations specified in order. This item of legislation is currently only available in its original format. Citation and commencement 1. The Conservation of Habitats and Species Regulations 2017 apply in Scotland in relation to certain specific activities (reserved matters), including consents granted under Sections 36 and 37 of the Electricity Act 1989. The Habitats Regulations seek to protect, among other things, European protected species. This is the original version (as it was originally made). The Regulations implement the provisions of: Directive 2009/147/EC on the conservation of wild birds; and; Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora. Part 3, regulation 43 makes it an offence (subject to exceptions) to deliberately capture, kill or disturb certain wild animals or to trade in them. Habitats and Species Regulations 2010 (SI 2010/490), paying special regard to those aspects of the regulations which have been the subject of controversy in the courts.

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