The Conservation (Natural Habitats, & c.) Regulations 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994 Draft |
Draft Regulations laid before Parliament under section 2 of, and paragraph 2 of Schedule 2 to, the European Communities Act 1972, for approval by resolution of each House of Parliament.
1994No.
WILDLIFE
COUNTRYSIDE
The Conservation (Natural Habitats, & c.) Regulations 1994
1994
Coming into force
1994
ARRANGEMENT OF REGULATIONS
PART I
INTRODUCTORY PROVISIONS
1. Citation and commencement.
2. Interpretation and application.
3. Implementation of Directive.
4. Nature conservation bodies.
5. Relevant authorities in relation to marine areas and European marine sites.
6. Competent authorities generally.
PART II
CONSERVATION OF NATURAL HABITATS OF SPECIES
European sites
7. Selection of sites eligible for identification as of Community importance.
8. Adoption of list of sites: designation of special areas of conservation.
9. Consultation as to inclusion of site omitted from the list.
10. Meaning of "European site" in these Regulations.
Register of European sites
11. Duty to compile and maintain register of European sites.
12. Notification to appropriate nature conservation body.
13. Notice to landowners, relevant authorities, & c.
14. Local registration: England and Wales.
15. Local registers: Scotland.
Management agreements
16. Management agreements.
17. Continuation in force of existing agreements, & 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.
Special nature conservation orders
22. Power to make special nature conservation order.
23. Restriction on carrying out operations specified in order.
24. Supplementary provisions as to consents.
25. Compensation for effect of order.
26. Restoration where order contravened.
27. Continuation in force of existing orders, & c.
Byelaws
28. Power to make byelaws.
29. Byelaws: limitation on effect.
30. Compensation for effect of byelaws.
31. Continuation in force of existing byelaws.
Powers of compulsory acquisition
32. Powers of compulsory acquisition.
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.
Miscellaneous
37. Nature conservation policy in planning contexts.
PART III
PROTECTION OF SPECIES
Protection of animals
38. European protected species of animals.
39. Protection of wild animals of European protected species.
40. Exceptions from regulation 39.
41. Prohibition of certain methods of taking or killing wild animals.
Protection of plants
42. European protected species of plants.
43. Protection of wild plants of European protected species.
Power to grant licences
44. Grant of licences for certain purposes.
45. Licences: supplementary provisions.
46. False statements made for obtaining licence.
PART IV
ADAPTATION OF PLANNING AND OTHER CONTROLS
Introductory
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.
50. Review of existing decisions and consents, & c.
51. Consideration on review.
52. Co-ordination where more than one competent authority involved.
53. Compensatory measures.
Planning
54. Grant of planning permission.
55. Planning permission: duty to review.
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.
60. General development orders.
61. General development orders: opinion of appropriate nature conservation body.
62. General development orders: approval of local planning authority.
63. General development orders: supplementary.
64. Special development orders.
65. Simplified planning zones.
66. Enterprise zones.
67. Simplified planning zones and enterprise zones: supplementary provisions as to compensation.
68. Construction as one with planning legislation.
Highways and roads
69. Construction or improvement of highways or roads.
70. Cycle tracks and other ancillary works.
Electricity
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.
Pipe-lines
75. Authorisations under the Pipe-lines Act 1962: application of general requirements.
76. Authorisations under the Pipe-lines Act 1962: procedure on review.
77. Authorisations under the Pipe-lines Act 1962: effect of review.
78. Authorisations under the Pipe-lines Act 1962: compensation for revocation or variation.
Transport and works
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. Orders under the Transport and Works Act 1992: effect of review.
82. Orders under the Transport and Works Act 1992: compensation for revocation or variation.
Environmental controls
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.
PART V
SUPPLEMENTARY PROVISIONS
Supplementary provisions as to management agreements
86. Powers of limited owners, & c. to enter into management agreements.
Supplementary provisions as to potentially damaging operations
88. Duties of agriculture Ministers with respect to European sites.
89. Payments under certain agreements offered by authorities.
90. Powers of entry.
91. Compensation: amount and assessment.
92. Compensation: other supplementary provisions.
93. Compensation: procedural provisions.
Supplementary provisions as to byelaws
94. Procedure for making byelaws, penalties, & c.
95. Powers of entry.
96. Compensation: England and Wales.
97. Compensation: Scotland.
Supplementary provisions as to compulsory acquisition
98. Supplementary provisions as to acquisition of land.
99. Powers of entry.
Supplementary provisions as to protection of species
100. Attempts and possession of means of committing offence.
101. Enforcement.
102. Proceedings for offences: venue, time limits.
103. Power of court to order forfeiture.
104. Saving for other protective provisions.
General supplementary provisions
105. Powers of drainage authorities.
106. Offences by bodies corporate, & c.
107. Local inquiries.
108. Service of notices.
SCHEDULES
SCHEDULE 1 - Procedure in connection with orders under regulation 22
SCHEDULE 2 - European protected species of animals
SCHEDULE 3 - Animals which may not be taken or killed in certain ways
SCHEDULE 4 - European protected species of plants
The Secretary of State for the Environment, as respects England, the Secretary of State for Wales, as respects Wales, and the Secretary of State for Scotland, as respects Scotland, being designated ( a) Ministers for the purposes of section 2(2) of the European Communities Act 1972 ( b) in relation to measures relating to the conservation of natural habitats and of wild fauna and flora, in exercise of the powers conferred upon them by the said section 2 and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has been laid before and approved by a resolution of each House of Parliament:-
(a) S.I. 1992/2870.
(b) 1972 c.68.
PART I
INTRODUCTORY PROVISIONS
Citation and commencement
1. -(1) These Regulations may be cited as the Conservation (Natural Habitats, & c.) Regulations 1994.
(2) These Regulations shall come into force on the tenth day after that on which they are made.
Interpretation and application
2. -(1) In these Regulations-
"agriculture Minister" means the Minister of Agriculture, Fisheries and Food or the Secretary of State;
"competent authority" shall be construed in accordance with regulation 6;
"destroy", in relation to an egg, includes doing anything to the egg which is calculated to prevent it from hatching, and "destruction" shall be construed accordingly;
"enactment" includes a local enactment and an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 ( a);
"European site" has the meaning given by regulation 10 and "European marine site" means a European site which consists of, or so far as it consists of, marine areas;
"functions" includes powers and duties;
"the Habitats Directive" has the meaning given by regulation 3(1);
"land" includes land covered by water and as respects Scotland includes salmon fishings;
"livestock" includes any animal which is kept-
(a) for the provision of food, skins or fur,(b) for the purpose of its use in the carrying on of any agricultural activity, or(c) for the provision or improvement of shooting or fishing;"local planning authority" means-
(a) in England and Wales, except as otherwise provided, any authority having any function as a local planning authority or mineral planning authority under the Town and Country Planning Act 1990 ( b), and(b) in Scotland, a planning authority within the meaning of section 172(1) of the Local Government (Scotland) Act 1973 ( c);"management agreement" means an agreement entered into, or having effect as if entered into, under regulation 16;
"marine area" means any land covered (continuously or intermittently) by tidal waters or any part of the sea in or adjacent to Great Britain up to the seaward limit of territorial waters;
"Natura 2000" means the European network of special areas of conservation, and special protection areas under the Wild Birds Directive, provided for by Article 3(1) of the Habitats...
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