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The Conservation of Habitats and Species Regulations 2017

Type Statutory-Instrument

Publication 2017-10-30

Last updated 2026-03-25

State In force

Department King's Printer of Acts of Parliament

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(4) Byelaws may prohibit or restrict any activity referred to in paragraph (3) within such area surrounding or adjoining the site as appears to the appropriate nature conservation body necessary for the protection of the site.

(5) Where entry into, or any activity within, the site or any such surrounding or adjoining area as is mentioned in paragraph (4) would otherwise be unlawful under byelaws made under this regulation, the byelaws may provide for the issue of per mits authorising such entry or activity, on such terms and subject to such conditions as may be specified in the byelaws.

(6) Byelaws may be made so as to relate either to the whole or to any part of the European site, or of any such surrounding or adjoining area as is mentioned in paragraph (4), and may make different provision for different parts of the site.

(7) This regulation does not apply in relation to a European marine site (but see regulation 40 (European marine sites: byelaws and orders)).

Byelaws: supplementary provisions

33

(1) Relevant byelaws must not interfere with—

(a) the exercise by any person of a right vested in that person as owner, lessee or occupier of land in the European site, or in any such surrounding or adjoining area as is mentioned in regulation 32(4);

(b) the exercise of any public right of way;

(d) the exercise of any functions of an internal drainage board or the Commissioners appointed under the Tweed Fisheries Act 1969 ; or

(e) the provision of an electronic communications code network or the exercise of any right conferred by or in accordance with the electronic communications code on the provider of any such network.

(2) Sections 236 to 237 and 237A to 238 of the Local Government Act 1972 (procedure, etc., for, offences against and evidence of byelaws) apply to all relevant byelaws as if the appropriate nature conservation body were a local authority within the meaning of that Act.

(3) In relation to relevant byelaws, the confirming authority for the purposes of section 236 of the Local Government Act 1972 is the appropriate authority.

(4) The appropriate nature conservation body may take such steps as may be necessary for the purpose of enforcing byelaws made by it.

(5) In this regulation and in regulations 34 and 35, “relevant byelaws” means byelaws under section 20 of the 1949 Act as it applies by virtue of regulation 32.

Compensation for effect of byelaws

34

(1) Where the exercise of any right vested in a person (“P”), whether by reason of P's being entitled to any interest in land or by virtue of a licence or agreement, is prevented or hindered by the coming into operation of relevant byelaws, P is entitled to receive compensation from the appropriate nature conservation body.

(2) Any dispute arising on a claim for any such compensation is to be determined by the Upper Tribunal.

(3) For the purposes of any such reference to the Upper Tribunal, section 4 of the Land Compensation Act 1961 (costs) has effect with the substitution for references to the acquiring authority of references to the authority from whom the compensation in question is claimed.

(4) Rules (2) to (4) of the Rules set out in section 5 of that Act (rules for assessing compensation on a compulsory acquisition) apply to the calculation of any such compensation, in so far as it is calculated by reference to the depreciation of the value of an interest in land.

(5) In the case of an interest in land subject to a mortgage—

(a) any such compensation in respect of the depreciation of that interest is to be calculated as if the interest were not subject to the mortgage;

(b) a claim or application for the payment of any such compensation may be made by any person who when the byelaws giving rise to the compensation were made was the mortgagee of the interest, or by any person claiming under such a person, but without prejudice to the making of a claim or application by any other person;

(c) subject to sub-paragraph (d), a mortgagee is not entitled to any such compensation in respect of that mortgagee's interest as such; and

(d) any compensation payable in respect of the interest subject to the mortgage must be paid to the mortgagee or, where there is more than one mortgagee, to the first mortgagee, and must in either case be applied by the mortgagee as if it were proceeds of sale.

Continuation in force of existing byelaws

35

Any byelaws in force under section 20 of the 1949 Act in relation to land which on or after 30th November 2017 becomes land within a European site, or adjacent to such a site—

(a) have effect as if they are relevant byelaws; and

(b) are to be construed as if originally made as such byelaws (see also regulation 141(5)).

Powers of compulsory acquisition

36

(1) The appropriate nature conservation body may acquire compulsorily any interest in land in a European site where it is satisfied that either of the conditions in paragraph (2) is met.

(2) The conditions are—

(a) that, as respects that interest, it is unable to conclude a management agreement on terms appearing to it to be reasonable; or

(b) where it has entered into a management agreement as respects such an interest, that a breach of the agreement has occurred which prevents or impairs the satisfactory management of the European site.

(3) Such a breach as is mentioned in paragraph (2)(b) is not to be treated as having occurred by virtue of any act or omission capable of remedy unless there has been default in remedying it within a reasonable time after notice given by the appropriate nature conservation body requiring that act or omission to be remedied.

(4) Any dispute arising as to whether there has been such a breach of a management agreement is to be determined by an arbitrator appointed by the Lord Chancellor.

(5) The power of compulsory acquisition conferred by paragraph (1) on the appropriate nature conservation body may be exercised in any particular case only after authorisation by the appropriate authority.

(6) The Acquisition of Land Act 1981 and the Compulsory Purchase Act 1965 apply in relation to the acquisition of any interest in land under paragraph (1).

(7) In this regulation, an “interest”, in relation to land, includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an interest in land or by virtue of a licence or agreement, and in particular includes sporting rights.

European marine sites

Marking of site and advice by nature conservation bodies

37

(1) The appropriate nature conservation body may deposit or remove markers indicating the existence and extent of a European marine site.

(2) This power is exercisable subject to the obtaining of any necessary marine licence under Part 4 of the Marine Act or any approval required to be obtained from the appropriate authority under article 26(2) of the Marine Licensing (Exempted Activities) Order 2011 or article 25(2) of the Marine Licensing (Exempted Activities) (Wales) Order 2011 .

(3) As soon as possible after a site becomes a European marine site, the appropriate nature conservation body must advise other relevant authorities as to—

(a) the conservation objectives for that site; and

(b) any operations which may cause deterioration of natural habitats or the habitats of species, or disturbance of species, for which the site has been designated.

Management scheme for European marine site

38

(1) The relevant authorities, or any of them, may establish for a European marine site a management scheme under which their functions (including any power to make byelaws) are to be exercised so as to secure compliance with the requirements of the Directives in relation to that site.

(2) Only one management scheme may be made for each European marine site.

(3) A management scheme may be amended from time to time.

(4) An authority which has established a management scheme under paragraph (1) must as soon as practicable thereafter send a copy of it to the appropriate nature conservation body.

Direction to establish or amend management scheme

39

(1) The appropriate authority may give directions to the relevant authorities, or any of them, as to the establishment of a management scheme for a European marine site.

(2) Directions may, in particular—

(a) require conservation measures specified in the direction to be included in the scheme;

(b) appoint one of the relevant authorities to co-ordinate the establishment of the scheme;

(d) provide that the approval of the appropriate authority is required before the scheme is established; and

(e) require any relevant authority to supply to the appropriate authority such information concerning the establishment of the scheme as may be specified in the direction.

(3) The appropriate authority may give directions to the relevant authorities, or any of them, as to the amendment of a management scheme for a European marine site, either generally or in any particular respect.

(4) Any direction under this regulation must be in writing and may be varied or revoked by a further direction.

European marine sites: byelaws and orders

40

(1) The Marine Management Organisation may make byelaws for the protection of a European marine site in England under section 129 of the Marine Act (byelaws for protection of marine conservation zones in England).

(2) The Welsh Ministers may make orders for the protection of a European marine site in Wales under section 134 of that Act (orders for protection of marine conservation zones in Wales).

(3) The provisions of Chapter 1 of Part 5 of that Act (marine conservation zones) relating to byelaws under section 129 or orders under section 134 apply, with the modifications described in paragraph (4), in relation to byelaws made by virtue of paragraph (1) or (as the case may be) orders made by virtue of paragraph (2).

(4) The modifications are—

(a) any reference to an MCZ is to be read as a reference to a European marine site;

(b) in sections 129(1) and 134(1), the reference to furthering the conservation objectives stated for an MCZ is to be read as a reference to protecting a European marine site;

(c) the reference in section 129(3)(c) to hindering the conservation objectives stated for an MCZ is to be read as a reference to damaging a European marine site.

Nature conservation policy in planning contexts

41

(1) For the purposes of the relevant provisions, policies relating to the development and use of land or minerals and waste development or in respect of the conservation of the natural beauty and amenity of the land are to be taken to include policies encouraging the management of features of the landscape of the kinds described in paragraph (3).

(2) In paragraph (1), the “relevant provisions” means—

(a) in relation to the development and use of land—

(i) sections 15C(3) and (4) and 15CC(3) of the Planning and Compulsory Purchase Act 2004 (local plans and supplementary plans made by local planning authorities) ; and

(ii) section 62(2)(b) of that Act (local development plan); ...

(aa) in relation to minerals and waste development, sections 15CB(2) and (3) and 15CC(5) of that Act; and

(b) in relation to the conservation of the natural beauty and amenity of the land—

(i) section 12(3A) of the TCPA 1990 (preparation of unitary development plan) ;

(ii) section 31(3) of that Act (structure plans: continuity, form and content) ; and

(iii) section 36(3) of that Act (local plans) .

(3) The features of the landscape referred to in paragraph (1) are those which, by virtue of their linear and continuous structure (such as rivers with their banks or the traditional systems of marking field boundaries) or their function as “stepping stones” (such as ponds or small woods), are essential for the migration, dispersal and genetic exchange of wild species.

(4) Where the Secretary of State considers it necessary, the Secretary of State must include in a national policy statement under Part 2 of the Planning Act 2008 (national policy statements) policy that encourages the management of features of the landscape of the kinds described in paragraph (3).

PART 3 — Protection of species

Protection of animals

European protected species of animals

42

(1) Schedule 2 lists those species of animals listed in Annex IV(a) to the Habitats Directive which have a natural range which includes any area in Great Britain.

(2) References in this Part to a “European protected species” of animal are to any of those species.

Protection of certain wild animals: offences

43

(1) A person who—

(a) deliberately captures, injures or kills any wild animal of a European protected species,

(b) deliberately disturbs wild animals of any such species,

(d) damages or destroys a breeding site or resting place of such an animal,

is guilty of an offence.

(2) For the purposes of paragraph (1)(b), disturbance of animals includes in particular any disturbance which is likely—

(a) to impair their ability—

(i) to survive, to breed or reproduce, or to rear or nurture their young; or

(ii) in the case of animals of a hibernating or migratory species, to hibernate or migrate; or

(b) to affect significantly the local distribution or abundance of the species to which they belong.

(3) It is an offence for any person—

(a) to be in possession of, or to control,

(b) to transport,

(d) to offer for sale or exchange,

anything to which this paragraph applies.

(4) Paragraph (3) applies to—

(a) any live or dead animal or part of an animal—

(i) which has been taken from the wild, and

(ii) which is of a species or subspecies listed in Annex IV(a) to the Habitats Directive; and

(b) anything derived from such an animal or any part of such an animal.

(5) Paragraphs (1) and (3) apply regardless of the stage of the life of the animal in question.

(6) Unless the contrary is shown, in any proceedings for an offence under paragraph (1) the animal in question is presumed to have been a wild animal.

(7) In any proceedings for an offence under paragraph (3), where it is alleged that an animal or a part of an animal was taken from the wild, it is presumed, unless the contrary is shown, that that animal or part of an animal was taken from the wild.

(8) A person guilty of an offence under this regulation is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine, or to both.

(9) Guidance as to the application of the offences in paragraph (1)(b) or (d) in relation to particular species of animals or particular activities may be published by—

(a) the appropriate authority; or

(b) the appropriate nature conservation body, with the approval of the appropriate authority.

(10) In proceedings for an offence under paragraph (1)(b) or (d), a court must take into account any relevant guidance published under paragraph (9).

(11) In deciding upon the sentence for a person convicted of an offence under paragraph (1)(d), the court must in particular have regard to whether that person could reasonably have avoided the damage to or destruction of the breeding site or resting place concerned.

Protection of certain wild animals: defences

44

(1) A person (“P”) is not guilty of the offence under regulation 43(1)(a) of deliberately capturing a wild animal of a European protected species, or an offence under regulation 43(3)(a) or (b), if P shows that the act in question—

(a) was in relation to an animal that had been disabled otherwise than by P's unlawful act; and

(b) was done solely for one or both of the purposes of—

(i) tending it and releasing it when no longer disabled; or

(ii) releasing it after it had been tended.

(2) A person (“P”) is not guilty of an offence under regulation 43(1)(a) or 43(3)(a) or (b) if P shows that the act in question—

(a) was in relation to an animal that had been seriously disabled otherwise than by P's unlawful act and that there was no reasonable chance of its recovering; and

(b) was done solely for one or both of the purposes of—

(i) ending the animal's life; or

(ii) disposing of it (otherwise than by sale or exchange) as soon as practicable after it was dead.

(3) A person is not guilty of the offence under regulation 43(1)(a) of deliberately injuring a wild animal of a European protected species if that person shows that this was done solely—

(a) for the purpose of taking a sample by virtue of any of the sampling provisions; or

(b) for the purpose of taking a sample to be used in evidence in any criminal proceedings in respect of an offence specified in paragraph (11) (wherever the offence was committed).

(4) A person is not guilty of an offence under regulation 43(3)(a) or (b) if that person shows that the act in question was done solely for one or more of the purposes of—

(a) investigating whether an offence specified in paragraph (11) was being or had been committed (wherever the offence was committed);

(b) bringing, conducting, or giving evidence in, any criminal proceedings in respect of any such offence; or

(5) Subject to paragraph (6), a person who shows that the animal or part of the animal in question, or the animal or part of the animal from which the thing in question is derived, was lawfully taken from the wild is not guilty of an offence under regulation 43(3).

(6) The defence in paragraph (5) does not apply—

(a) in respect of the offences in regulation 43(3)(a) and (b) if—

(i) the animal or part in question is an animal, or part of an animal, of a European protected species or of the species Lacerta vivipara pannonica (viviparous lizard) or Lycaena dispar (the large copper butterfly), or the thing in question is derived from such an animal; and

(ii) the animal, part or thing in question was in the defendant's possession or control, or transported by the defendant, for the purpose of sale or exchange; or

(b) in respect of the offences in regulation 43(3)(c) and (d), if the animal or part in question is an animal, or part of an animal, of any of the species referred to in sub-paragraph (a)(i), or the thing in question is derived from such an animal.

(7) For the purposes of paragraph (5) an animal, or part of an animal, is treated as having been lawfully taken from the wild if—

(aa) it was taken from the wild in the United Kingdom without contravention of the law and before 10th June 1994;

(a) it was taken from the wild in the European territory of a member State, being territory to which the TFEU applies, without contravention of the law of that member State and before the implementation date; or

(b) it was taken from the wild elsewhere.

(8) A person is not guilty of an offence under regulation 43(3) if that person shows that the animal or part of the animal, or the animal from which the thing in question is derived—

(a) is of a species listed in the second column of Schedule 3 and was from a population occurring in a country or area which is specified in respect of that species in the third column of that Schedule;

(b) is of the species Capra aegagrus (wild goat) and was not from a naturally occurring population;

(c) is of the subspecies Ovis gmelini musimon(European mouflon) and was not from a naturally occurring population in Corsica or Sardinia; or

(d) is of the species Coregonus oxyrhynchus(houting) and either was from Finland or was not from an anadromous population.

(9) The defences in paragraphs (1) to (4) do not apply where it is shown by the prosecution that the defendant's action did not satisfy the conditions in paragraph (10).

(10) Those conditions are that—

(a) there was no satisfactory alternative; and

(b) the action was not detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range.

(11) For the purposes of paragraphs (3)(b) and (4)(a) and (b), the specified offences are—

(a) an offence under any of the following sections of the WCA 1981—

(i) section 9 (protection of certain wild animals) ;

(ii) section 11 (prohibition of certain methods of killing or taking wild animals) ;

(iii) section 17 (false statements made for obtaining registration or licence etc.) ; or

(iv) section 18 (attempts to commit offences etc.) which relates to an offence under section 9 or 11;

(b) an offence under any of the following provisions—

(i) regulation 43 (protection of certain wild animals: offences);

(ii) regulation 45 (prohibition of certain methods of capturing or killing wild animals);

(iii) regulation 59 (false statements made for obtaining licence), where that offence relates to the obtaining of a licence under regulation 55 (licences for certain activities relating to animals or plants); or

(iv) regulation 122 (attempts and possession of means of committing offence), where that offence relates to an offence under regulation 43 or 45;

(d) an offence under regulation 45 (protection of wild animals listed in Annex IV(a) to the Habitats Directive), 47 (prohibition of certain methods of capturing or killing wild animals) or 57 (false statements made for obtaining licence) of the Offshore Marine Conservation Regulations, an offence of attempting to commit an offence under regulation 45 or 47 of those Regulations, or an offence under regulation 71 of those Regulations (possession of means of committing offence) which relates to an offence under regulation 45 or 47 of those Regulations.

(12) For the purposes of any proceedings for an offence under regulation 43(3), the common names given in parentheses in paragraphs (6) and (8) are to be disregarded.

Prohibition of certain methods of capturing or killing wild animals

45

(1) This regulation applies in relation to the capturing or killing of a wild animal—

(a) of any of the species listed in Schedule 4 (which lists those species listed in Annex V(a) to the Habitats Directive, and to which Article 15 of that Directive applies, which have a natural range which includes any area of Great Britain); or

(b) of a European protected species, where the capturing or killing of such animals is permitted in accordance with these Regulations.

(2) It is an offence to use for the purpose of capturing or killing any such wild animal—

(a) any means listed in paragraph 1 or 2 of Schedule 4A;

(b) any form of capturing or killing from a mode of transport listed in paragraph 3 of Schedule 4A;

(c) any other means of capturing or killing which is indiscriminate and capable of causing the local disappearance of, or serious disturbance to, a population of any species of animal listed in Schedule 4 or any European protected species of animal.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A person guilty of an offence under this regulation is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine, or to both.

Protection of plants

European protected species of plants

46

(1) Schedule 5 lists those species of plants listed in Annex IV(b) to the Habitats Directive which have a natural range which includes any area in Great Britain.

(2) References in this Part to a “European protected species” of plant are to any of those species.

Protection of certain wild plants: offences

47

(1) It is an offence deliberately to pick, collect, cut, uproot or destroy a wild plant of a European protected species.

(2) It is an offence for any person—

(a) to be in possession of, or to control,

(b) to transport,

(d) to offer for sale or exchange,

anything to which this paragraph applies.

(3) Paragraph (2) applies to—

(a) any live or dead plant or part of a plant—

(i) which has been taken in the wild, and

(ii) which is of a species or subspecies listed in Annex II(b) (other than any bryophyte) or Annex IV(b) to the Habitats Directive; and

(b) anything derived from such a plant or any part of such a plant.

(4) Paragraphs (1) and (2) apply regardless of the stage of the biological cycle of the plant in question.

(5) Unless the contrary is shown, in any proceedings for an offence under paragraph (1) the plant in question is presumed to have been a wild plant.

(6) In any proceedings for an offence under paragraph (2), where it is alleged that a plant or a part of a plant was taken in the wild, it is presumed, unless the contrary is shown, that that plant or part of a plant was taken in the wild.

(7) A person guilty of an offence under this regulation is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine, or to both.

Protection of certain wild plants: defences

48

(1) A person is not guilty of the offence under regulation 47(1) of picking or cutting a wild plant of a European protected species if this was done solely—

(a) for the purpose of taking a sample by virtue of any of the sampling provisions; or

(b) for the purpose of taking a sample to be used in evidence in any criminal proceedings in respect of an offence specified in paragraph (6) (wherever the offence was committed).

(2) A person is not guilty of an offence under regulation 47(2)(a) or (b) if that person shows that the act in question was done solely for one or more of the purposes of—

(a) investigating whether an offence specified in paragraph (6) was being or had been committed (wherever the offence was committed);

(b) bringing, conducting, or giving evidence in, any criminal proceedings in respect of any such offence; or

(3) Subject to paragraph (4), a person who shows that the plant or part of the plant in question, or the plant or part of the plant from which the thing in question is derived, was lawfully taken in the wild, is not guilty of an offence under regulation 47(2).

(4) The defence in paragraph (3) does not apply—

(a) in respect of the offences in regulation 47(2)(a) and (b) if—

(i) the plant or part in question is a plant, or part of a plant, of a European protected species, or the thing in question is derived from such a plant; and

(ii) the plant, part or thing in question was in the defendant's possession or control, or transported by the defendant, for the purpose of sale or exchange; or

(b) in respect of the offences in regulation 47(2)(c) and (d), if the plant or part in question is a plant, or part of a plant, of a European protected species, or the thing in question is derived from such a plant.

(5) For the purposes of paragraph (3) a plant, or part of a plant, is treated as having been lawfully taken in the wild if—

(aa) it was taken from the wild in the United Kingdom without contravention of the law and before 10th June 1994;

(a) it was taken in the wild in the European territory of a member State, being territory to which the TFEU applies, without contravention of the law of that member State and before the implementation date; or

(b) it was taken in the wild elsewhere.

(6) For the purposes of paragraphs (1)(b) and (2)(a) and (b), the specified offences are—

(a) an offence under any of the following sections of the WCA 1981—

(i) section 13 (protection of wild plants);

(ii) section 17 (false statements made for obtaining registration or licence etc.);

(iii) section 18 (attempts to commit offences etc.) which relates to an offence under section 13;

(b) an offence under any of the following provisions—

(i) regulation 47;

(ii) regulation 59, where that offence relates to the obtaining of a licence under regulation 55; or

(iii) regulation 122, where that offence relates to an offence under regulation 47;

(d) an offence under regulation 49 (offences relating to wild plants listed in Annex IV(b) to the Habitats Directive) or 57 (false statements made for obtaining licence) of the Offshore Marine Conservation Regulations, an offence of attempting to commit an offence under regulation 49 of those Regulations, or an offence under regulation 71 of those Regulations (possession of means of committing offence) which relates to an offence under regulation 49 of those Regulations.

Interpretation of Part 3

49

In this Part—

“the 2018 Regulations” means the Control of Trade in Endangered Species Regulations 2018;

“the forfeiture provisions” means—section 21(6) of the WCA 1981 (penalties, forfeitures etc.) ; regulation 10(a) and (b) of the 2018 Regulations (forfeiture) ; orregulation 128 of these Regulations;

“the implementation date” means—where the relevant State became a member State before 10th June 1994, 10th June 1994, andin any other case, the date on which the relevant State became a member State;

“relevant State” means (as the case may be) the State in whose territory—the animal, or part of it, was taken from the wild; orthe plant, or part of it, was taken in the wild;

“the sampling provisions” means—the following provisions of the WCA 1981—section 18C (Group 1 offences and licences: examining specimens and taking samples) section 18E (Group 2 offences: examining specimens and taking samples) ; orsection 19XA (constables' powers in connection with samples) ; regulation 8(3) and (5) of the 2018 Regulations (powers of entry); regulation 119 and 120 of these Regulations; orregulation 63(2) of the Offshore Marine Conservation Regulations (powers relating to specimens);

“the TFEU” means the Treaty on the Functioning of the European Union.

PART 4 — Additional protection of habitats and wild animals and plants

Surveillance and monitoring

Surveillance of conservation status of habitats and species

50

(1) The appropriate authority must make arrangements in accordance with paragraphs (4) to (6) for the surveillance of the conservation status of natural habitat types of national interest and species of national interest, and in particular priority natural habitat types and priority species.

(2) In respect of the arrangements made by the Secretary of State under paragraph (1), the Secretary of State must, from time to time—

(a) consult the devolved administrations;

(b) provide the devolved administrations with such information as the Secretary of State considers appropriate that has been derived from the surveillance which has been arranged; and

(3) In respect of the arrangements made by the Welsh Ministers under paragraph (1), the Welsh Ministers must, from time to time—

(a) consult the Secretary of State and the other devolved administrations;

(b) provide the Secretary of State and the other devolved administrations with such information as the Welsh Ministers consider appropriate that has been derived from the surveillance which has been arranged; and

(4) The appropriate nature conservation body must—

(a) assess how and to what extent surveillance of the conservation status of each relevant habitat type and species is to be carried out, having regard to—

(i) whether a habitat or species is a priority natural habitat type or priority species; and

(ii) the conservation status of the habitat or species; and

(b) advise the appropriate authority as to the need for such surveillance.

(5) The appropriate authority must ensure that the necessary surveillance is carried out on an ongoing basis.

(6) Surveillance for the purposes of this regulation may be carried out by—

(a) a nature conservation body; or

(b) any other person acting pursuant to, and in accordance with, an agreement with the appropriate authority or a nature conservation body.

(7) In this regulation—

“natural habitats of national interest” means natural habitat types listed in Annex I to the Habitats Directive;

“relevant habitat type or species” means a natural habitat type or species of national interest;

“species of national interest” means species of wild fauna and flora listed in Annex II, IV or V to the Habitats Directive.

Protection of certain animals and plants from exploitation

51

(1) The appropriate authority must, as required in the light of information derived from surveillance arranged under regulation 50 ..., ensure that measures are taken for the purpose specified in paragraph (2).

(2) The purpose is to ensure that—

(a) the taking in the wild of specimens of a species listed in Annex V to the Habitats Directive, and

(b) the exploitation of such specimens,

are compatible with the maintenance of that species at a favourable conservation status.

(3) Where measures are required under paragraph (1), the appropriate authority must make arrangements for surveillance for the purpose of establishing whether the taking in the wild of specimens of the species concerned, and the exploitation of specimens of that species, are compatible with the maintenance of that species at a favourable conservation status.

Monitoring of incidental capture and killing

52

(1) The appropriate authority must make arrangements in accordance with paragraphs (4) to (6) to establish a system to monitor the incidental capture or killing of animals of the species listed in Annex IV(a) to the Habitats Directive.

(2) In respect of the arrangements made by the Secretary of State under paragraph (1), the Secretary of State must, from time to time—

(a) consult the devolved administrations;

(b) provide the devolved administrations with such information as the Secretary of State considers appropriate that has been derived from the monitoring which has been arranged; and

(3) In respect of the arrangements made by the Welsh Ministers under paragraph (1), the Welsh Ministers must, from time to time—

(a) consult the Secretary of State and the other devolved administrations;

(b) provide the Secretary of State and the other devolved administrations with such information as the Welsh Ministers consider appropriate that has been derived from the monitoring which has been arranged; and

(4) The appropriate nature conservation body must, in relation to the species of animals listed in Annex IV(a) to the Habitats Directive which are found in England or Wales—

(a) identify the risks of incidental capture and killing to which those species are subject, and the activities which give rise to such risks;

(b) maintain a record of instances of incidental capture or killing of animals of those species of which the nature conservation body is aware as a result of the surveillance carried out under regulation 50, the monitoring carried out under this regulation or otherwise;

(i) the risks identified under sub-paragraph (a);

(ii) the instances of incidental capture or killing recorded under sub-paragraph (b);

(iii) whether the species is a priority species; and

(iv) the conservation status of the species; and

(d) advise the appropriate authority as to the need for such monitoring.

(5) The appropriate authority must ensure that the necessary monitoring of incidental capture and killing is carried out.

(6) Monitoring for the purposes of this regulation may be carried out by—

(a) a nature conservation body;

(b) any other competent authority;

(i) an agreement with the appropriate authority or a nature conservation body; or

(ii) a condition of a licence or other authorisation granted by a competent authority.

Protection from incidental capture and killing

53

(1) The appropriate authority must, as required in the light of information derived from monitoring arranged under regulation 52 ..., make arrangements for further research for, or ensure that conservation measures are taken for, the purpose specified in paragraph (2).

(2) The purpose is to ensure that any incidental capture or killing of animals of a species listed in Annex IV(a) to the Habitats Directive does not have a significant negative impact on that species.

Introduction of new species

Introduction of new species from ships

54

(1) It is an offence for any person on board a ship in any relevant part of the marine area deliberately to introduce into that area, other than in accordance with paragraph (3), any live animal or plant of a kind having a natural range which does not include any area in Great Britain.

(2) For the purposes of paragraph (1), “relevant part” means any part where the introduction would give rise to a risk of prejudice to natural habitats within their natural range or a risk of prejudice to wild native flora or fauna (whether in the place of introduction or elsewhere).

(3) An introduction is in accordance with this paragraph if—

(a) it resulted from a discharge of water carried as ballast and the discharge was necessary for the purpose of protecting the safety of any person or ship; and

(b) all reasonably practicable steps were taken—

(i) to avoid its occurring in an area where it would give rise to a risk of prejudice to natural habitats within their natural range or a risk of prejudice to wild native flora or fauna (whether in the place of introduction or elsewhere); and

(ii) to minimise any risk of such prejudice.

(4) In any proceedings for an offence under this regulation, it is for the defendant to show that the introduction in question was in accordance with paragraph (3).

(5) The appropriate authority may issue guidance about steps which may be taken to avoid committing an offence under this regulation.

(6) In any proceedings for an offence under this regulation—

(a) where the offence is alleged to have been committed in England, a court must have regard to any guidance issued by the Secretary of State under paragraph (5); and

(b) where the offence is alleged to have been committed in Wales, a court must have regard to any guidance issued by the Welsh Ministers under paragraph (5).

(7) A person guilty of an offence under this regulation is liable (whether on summary conviction or on conviction on indictment) to a fine.

(8) Section 14 of the WCA 1981 (introduction of new species etc.) does not apply in relation to any act which is an offence under this regulation.

PART 5 — Licences

Grant of licences

Licences for certain activities relating to animals or plants

55

(1) Subject to the provisions of this regulation, the relevant licensing body may grant a licence for the purposes specified in paragraph (2).

(2) The purposes are—

(a) scientific or educational purposes;

(b) ringing or marking, or examining any ring or mark on, wild animals;

(d) protecting any zoological or botanical collection;

(e) preserving public health or public safety or other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment;

(f) preventing the spread of disease; or

(g) preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries.

(3) Regulations 43 (protection of certain wild animals: offences), 45 (prohibition of certain methods of capturing or killing wild animals) and 47 (protection of certain wild plants: offences) do not apply to anything done under and in accordance with the terms of a licence granted under paragraph (1).

(4) Subject to the provisions of this regulation, the relevant licensing body may grant a licence to permit the taking or the possession or control of certain specimens of any of the species or subspecies listed in Annex II(b) (other than any bryophyte) or Annex IV to the Habitats Directive notwithstanding that the licence is for a purpose not specified in paragraph (2).

(5) Regulations 43, 45 and 47 do not apply to anything done under and in accordance with the terms of a licence granted under paragraph (4).

(6) A licence under paragraph (4) may be granted only to such persons as are named in the licence.

(7) The relevant licensing body may grant a licence under paragraph (4) only if it is satisfied that the grant of the licence would be consistent with the restrictions in Article 16(1)(e) of the Habitats Directive (namely “under strictly supervised conditions, on a selective basis and to a limited extent” and “in limited numbers”).

(8) A licence under paragraph (4) must specify—

(a) the species or subspecies of animal or plant to which the licence relates;

(b) the maximum number of specimens which may be taken or be in the possession or control of the person authorised by the licence, or which particular specimens may be taken or be in the possession or control of that person; and

(i) the methods, means or arrangements by which specimens may be taken or be in the possession or control of the person authorised by the licence;

(ii) when or over what period the action authorised by the licence may be taken; and

(iii) where the licence authorises any person to take specimens, the area from which they may be taken.

(9) The relevant licensing body must not grant a licence under this regulation unless it is satisfied—

(a) that there is no satisfactory alternative; and

(b) that the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range.

(10) A licence under this regulation which authorises any person to kill wild animals must specify the area within which and the methods by which the wild animals may be killed and must not be granted for a period of more than—

(a) five years, in the case of a licence granted by Natural England, or

(b) two years, in any other case.

(10A) The maximum time period for a licence set out in paragraph (10) does not apply to—

(a) a licence granted to Natural England to facilitate the carrying out of any conservation measures within the meaning of Part 3 of the Planning and Infrastructure Act 2025, or

(b) a licence that, by virtue of paragraph 4 of Schedule 3 to the Planning and Infrastructure Act 2025, is treated as having been granted to a developer under regulation 55.

(11) Where the appropriate authority exercises any functions under this regulation (see regulation 58(3)), the appropriate authority must from time to time consult the appropriate nature conservation body as to the exercise of those functions, and must not grant a licence of any description unless the appropriate nature conservation body has advised as to the circumstances in which, in its opinion, licences of that description should be granted.

(12) Where the Marine Management Organisation exercises any functions under this regulation (see regulation 58(2)(a)), it must from time to time consult Natural England as to the exercise of those functions, and must not grant a licence of any description unless Natural England has advised as to the circumstances in which, in its opinion, licences of that description should be granted.

(13) It is a defence in proceedings for an offence under section 8(b) of the Protection of Animals Act 1911 (which restricts the placing on land of poison and poisonous substances) to show that—

(a) the act alleged to constitute the offence was done under and in accordance with the terms of a licence granted under this regulation; and

(b) any conditions specified in the licence were complied with.

(14) In paragraph (2)(g) “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

(15) Within two years from exit day, and thereafter within two years of the publication of the last such report, each relevant licensing body must publish, in such form as it sees fit, a report on licences granted under paragraph (1) in the preceding two years.

(16) A report made under paragraph (15) must specify—

(a) the species to which the licence relates and the reason for granting the licence, including the nature of the risk, with, if appropriate, a reference to alternatives rejected and scientific data used;

(b) in relation to any animal species, any means authorised for the capture or killing of the species and the reasons for the use of that means;

(d) the supervisory measures taken to check that the required conditions of the licence have been complied with, any monitoring that has been carried out of compliance with the conditions of the licence, and the results of that monitoring.

Licences for the introduction of new species

56

(1) The relevant licensing body may grant a licence in relation to the introduction of new species from ships, but must not do so unless it is satisfied that the action authorised by the licence will not prejudice natural habitats within their natural range or wild native flora and fauna.

(2) Regulation 54 does not apply to anything done under and in accordance with the terms of a licence granted under paragraph (1).

Licences: general provisions

57

(1) This regulation applies in relation to a licence under regulation 55 or 56.

(2) A licence—

(a) may be, to any degree, general or specific;

(b) except where regulation 55(6) applies, may be granted either to persons of a class or to a particular person; and

(3) For the purposes of a licence the definition of a class of persons may be framed by reference to any circumstances whatever including, in particular, their being authorised by any other person.

(4) A licence may be modified or revoked at any time by the authority which granted it, but is otherwise valid for the period stated in the licence.

(5) The relevant licensing body may charge for a licence such reasonable sum (if any) as it may determine.

Relevant licensing body

58

(1) For the purposes of regulations 55, 56 and 57, “relevant licensing body” has the meaning given in this regulation.

(2) Subject to paragraph (2A), in the case of a licence granted under regulation 55(1) for a purpose specified in any of paragraph (2)(a) to (d) of that regulation, “relevant licensing body”, in relation to England, means—

(a) so far as the licence relates to the restricted English inshore region, the Marine Management Organisation; and

(b) otherwise, Natural England.

(2A) In the case of a licence granted to Natural England under regulation 55(1) for a purpose specified in any of paragraph (2)(a) to (d) of that regulation, to facilitate the carrying out of any conservation measures, “relevant licensing body” means the Secretary of State.

(3) Subject to paragraph (4A), in the case of a licence granted in relation to England under any of the provisions specified in paragraph (4), “relevant licensing body” means the appropriate authority.

(4) The provisions referred to in paragraph (3) are—

(a) regulation 55(1), where the licence is granted for a purpose specified in any of paragraph (2)(e) to (g) of that regulation;

(b) regulation 55(4); or

(4A) In the case of a licence that, by virtue of paragraph 4 of Schedule 3 to the Planning and Infrastructure Act 2025, is treated as having been granted to a developer under regulation 55(1) for any of the purposes specified in regulation 55(2)(e) to (g), “relevant licensing body” means—

(a) so far as the licence relates to the restricted English inshore region, the Marine Management Organisation; and

(b) otherwise, Natural England.

(5) In the case of a licence granted in relation to Wales, “relevant licensing body” means the Natural Resources Body for Wales.

(6) In this regulation, “restricted English inshore region” means so much of the English inshore region as lies to seaward of mean low water mark;

(7) In paragraph (2A), “conservation measure” has the same meaning as in Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery).

Offences

False statements made for obtaining licence

59

(1) A person (“P”) commits an offence if, for the purposes of obtaining, whether for P or another, the grant of a licence under regulation 55 or 56, P—

(a) makes a statement or representation, or supplies a document or information, which P knows to be false in a material particular; or

(b) recklessly makes a statement or representation, or supplies a document or information, which is false in a material particular.

(2) A person guilty of an offence under this regulation is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine, or to both.

Offence of breaching licence condition

60

(1) It is an offence for a person to contravene or fail to comply with a licence condition.

(2) Paragraph (1) applies in relation to a licence under regulation 55 granted on or after 21st August 2007.

(3) A person (“P”) is not guilty of an offence under paragraph (1) if P shows that—

(a) P took all reasonable precautions and exercised all due diligence to avoid commission of the offence; or

(b) the commission of the offence was otherwise due to matters beyond P's control.

(4) A person guilty of an offence under paragraph (1) is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine, or to both.

PART 6 — Assessment of plans and projects

CHAPTER 1 — General provisions

Introductory provisions

Interpretation of Part 6

61

(1) In this Part—

“the assessment provisions” means regulations 63 and 64;

“the review provisions” means regulations 65 and 66.

(2) In this Part, any reference to—

(a) the giving or granting of any consent, permission or other authorisation (except in the heading to any regulation or in any reference to any such heading), or

(b) directing that planning permission is deemed to be granted,

is to be taken, in relation to any consent, permission or authorisation which is capable of being varied or modified, to include a reference to its variation or modification.

Application of provisions of Chapter 1

62

(1) The requirements of the assessment provisions and the review provisions apply—

(a) subject to and in accordance with the provisions of Chapters 2 to 7, in relation to the matters specified in those provisions; and

(b) subject to regulation 63(7)(c), in relation to all other plans and projects not relating to matters specified in Chapters 2 to 9.

(1A) But the requirements of the assessment provisions and the review provisions do not apply in relation to an environmental delivery plan or any conservation measures under it.

(1B) In paragraph (1A), “environmental delivery plan” and “conservation measures” have the same meaning as in Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery).

(2) Supplementary provision is made by regulations 67 to 69.

General provisions for protection of European sites and European offshore marine sites

Assessment of implications for European sites and European offshore marine sites

63

(1) A competent authority, before deciding to undertake, or give any consent, permission or other authorisation for, a plan or project which—

(a) is likely to have a significant effect on a European site or a European offshore marine site (either alone or in combination with other plans or projects), and

(b) is not directly connected with or necessary to the management of that site,

must make an appropriate assessment of the implications of the plan or project for that site in view of that site's conservation objectives.

(2) A person applying for any such consent, permission or other authorisation must provide such information as the competent authority may reasonably require for the purposes of the assessment or to enable it to determine whether an appropriate assessment is required.

(3) The competent authority must for the purposes of the assessment consult the appropriate nature conservation body and have regard to any representations made by that body within such reasonable time as the authority specifies.

(4) It must also, if it considers it appropriate, take the opinion of the general public, and if it does so, it must take such steps for that purpose as it considers appropriate.

(5) In the light of the conclusions of the assessment, and subject to regulation 64, the competent authority may agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the European site or the European offshore marine site (as the case may be).

(6) In considering whether a plan or project will adversely affect the integrity of the site, the competent authority must have regard to the manner in which it is proposed to be carried out or to any conditions or restrictions subject to which it proposes that the consent, permission or other authorisation should be given.

(7) This regulation does not apply in relation to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (in so far as this regulation is not disapplied by regulation 4 (plans or projects relating to offshore marine area or offshore marine installations) in relation to plans or projects to which those Regulations apply);

(ii) the Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006 ;

(iii) the Environmental Impact Assessment (Agriculture) (Wales) Regulations 2017 ; or

(iv) the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2020.

See also paragraph 1 of Schedule 3 to the Planning and Infrastructure Act 2025 (environmental delivery plans: effect on environmental obligations).

(8) Where a plan or project requires an appropriate assessment both under this regulation and under the Offshore Marine Conservation Regulations, the assessment required by this regulation need not identify those effects of the plan or project that are specifically attributable to that part of it that is to be carried out in the United Kingdom, provided that an assessment made for the purpose of this regulation and the Offshore Marine Conservation Regulations assesses the effects of the plan or project as a whole.

(9) In paragraph (1) the reference to the competent authority deciding to undertake a plan or project includes the competent authority deciding to vary any plan or project undertaken or to be undertaken.

Considerations of overriding public interest

64

(1) If the competent authority is satisfied that, there being no alternative solutions, the plan or project must be carried out for imperative reasons of overriding public interest (which, subject to paragraph (2), may be of a social or economic nature), it may agree to the plan or project notwithstanding a negative assessment of the implications for the European site or the European offshore marine site (as the case may be).

(2) Where the site concerned hosts a priority natural habitat type or a priority species, the reasons referred to in paragraph (1) must be either—

(a) reasons relating to human health, public safety or beneficial consequences of primary importance to the environment; or

(b) any other reasons which the competent authority, having due regard to the opinion of the appropriate authority, considers to be imperative reasons of overriding public interest.

(3) Where a competent authority other than the Secretary of State or the Welsh Ministers desires to obtain the opinion of the appropriate authority as to whether reasons are to be considered imperative reasons of overriding public interest, it may submit a written request to the appropriate authority—

(a) identifying the matter on which an opinion is sought; and

(b) accompanied by any documents or information which may be required.

(4) In giving its opinion as to whether the reasons are imperative reasons of overriding public interest, the appropriate authority must have regard to the national interest, and provide its opinion to the competent authority.

(4A) Before giving its opinion as to whether the reasons are imperative reasons of overriding public interest, the appropriate authority must consult the following, and have regard to their opinion—

(a) the Joint Nature Conservation Committee;

(b) where the appropriate authority is the Secretary of State, the devolved administrations;

(c) where the appropriate authority is the Welsh Ministers, the Secretary of State, and the other devolved administrations; and

(d) any other person the appropriate authority considers appropriate.

(5) Where a competent authority other than the Secretary of State or the Welsh Ministers proposes to agree to a plan or project under this regulation notwithstanding a negative assessment of the implications for the site concerned—

(a) it must notify the appropriate authority; and

(b) it must not agree to the plan or project before the end of the period of 21 days beginning with the day notified by the appropriate authority as that on which its notification was received, unless the appropriate authority notifies it that it may do so.

(6) Without prejudice to any other power, the appropriate authority may give directions to the competent authority in any such case prohibiting it from agreeing to the plan or project, either indefinitely or during such period as may be specified in the direction.

Review of existing decisions and consents

65

(1) Where before the date on which a site becomes a European site or a European offshore marine site a competent authority has decided to undertake, or has given any consent, permission or other authorisation for, a plan or project to which regulation 63(1) would apply if it were to be reconsidered as of that date, the authority must, as soon as reasonably practicable—

(a) review its decision or, as the case may be, the consent, permission or other authorisation; and

(b) affirm, modify or revoke it.

(2) The authority must for that purpose make an appropriate assessment of the implications for the site in view of that site's conservation objectives; and the provisions of regulation 63(2) to (4) and (8) apply, with the appropriate modifications, in relation to such a review.

(3) Subject to the provisions of Chapters 2 to 7, any review required by this regulation must be carried out under existing statutory procedures where such procedures exist, and if none exists, the appropriate authority may give directions as to the procedure to be followed.

(4) Nothing in this regulation affects anything done in pursuance of the decision, or the consent, permission or other authorisation, before the date mentioned in paragraph (1).

(5) Where the plan or project to which this regulation applies was consented to by an examining authority appointed under section 40 of the Infrastructure (Wales) Act 2024, the duties and functions in paragraphs (1) to (3) must be carried out by the Welsh Ministers.

Consideration on review

66

(1) The following provisions apply where a decision, or a consent, permission or other authorisation, falls to be reviewed under regulation 65.

(2) Subject as follows, the provisions of regulations 63(5) and (6) and 64 apply, with the appropriate modifications, in relation to the decision on the review.

(3) The decision, or the consent, permission or other authorisation, may be affirmed if it appears to the competent authority reviewing it that other action taken or to be taken by it, or by another authority, will secure that the plan or project does not adversely affect the integrity of the site.

(4) Where that object may be attained in a number of ways, the competent authority or authorities concerned must seek to secure that the action taken is the least onerous to those affected.

(5) The appropriate authority may issue guidance to competent authorities for the purposes of paragraph (3) as to the manner of determining which of different ways should be adopted for securing that the plan or project does not have any such effect, and in particular—

(a) the order of application of different controls; and

(b) the extent to which account should be taken of the possible exercise of other powers.

(6) The competent authorities concerned must have regard to any such guidance.

(7) Any modification or revocation of a decision, or a consent, permission or other authorisation, must be carried out under existing statutory procedures where such procedures exist, and if none exists, the appropriate authority may give directions as to the procedure to be followed.

Co-ordination where more than one competent authority involved

67

(1) This regulation applies where a plan or project—

(a) is undertaken by more than one competent authority;

(b) requires the consent, permission or other authorisation of more than one competent authority; or

(c) is undertaken by one or more competent authorities and requires the consent, permission or other authorisation of one or more other competent authorities.

(2) Nothing in regulation 63(1) or 65(2) requires a competent authority to assess any implications of a plan or project which would be more appropriately assessed under that provision by another competent authority.

(3) The appropriate authority may issue guidance to competent authorities for the purposes of regulations 63 to 66 as to the circumstances in which a competent authority may or should adopt the reasoning or conclusions of another competent authority as to whether a plan or project—

(a) is likely to have a significant effect on a European site or a European offshore marine site; or

(b) will adversely affect the integrity of a European site or a European offshore marine site.

(4) The competent authorities concerned must have regard to any such guidance.

(5) In determining whether a plan or project should be agreed to under regulation 64, a competent authority other than the Secretary of State or the Welsh Ministers must seek and have regard to the views of the other competent authority or authorities involved.

Compensatory measures

68

Where in accordance with regulation 64—

(a) a plan or project is agreed to, notwithstanding a negative assessment of the implications for a European site or a European offshore marine site, or

(b) a decision, or a consent, permission or other authorisation, is affirmed on review, notwithstanding such an assessment,

the appropriate authority must secure that any necessary compensatory measures are taken to ensure that the overall coherence of Natura 2000 is protected.

Modifications of regulations 63 to 68 in certain cases

69

(1) Where any provision of regulations 63 to 68 (a “general provision”) applies in relation to a provision specified in paragraph (2), that general provision applies with the following modifications—

(a) any reference to the Welsh Ministers is omitted; and

(b) for any reference to the appropriate authority, substitute a reference to the Secretary of State.

(2) The provisions specified for the purposes of paragraph (1) are—

(a) regulation 70(1)(e)(i) and (2) (grant of planning permission) in so far as those provisions relate to a direction given by the Secretary of State under section 90 of the TCPA 1990 (development with government authorisation) that planning permission is deemed to be granted; and

(b) regulations 84 and 85 (development consent under Planning Act 2008 ).

(3) Where a general provision applies in relation to a provision specified in paragraph (4), that general provision applies with the following modifications—

(a) any reference to a competent authority is taken to include the Scottish Ministers;

(b) for any reference to the Welsh Ministers, substitute a reference to the Scottish Ministers; and

(i) in a case where the competent authority for the purposes of a provision specified in paragraph (4) is the Scottish Ministers, substitute a reference to the Scottish Ministers; and

(ii) in any other case, substitute a reference to the Secretary of State.

(4) The provisions specified for the purposes of paragraph (3) are—

(a) in regulation 70—

(i) paragraph (1)(e)(ii) and (iii);

(ii) paragraph (1)(f), in so far as that paragraph relates to a direction under section 57(2ZA) of the Town and Country Planning (Scotland) Act 1997 (development with government authorisation) ; and

(iii) paragraph (2) in so far as that paragraph relates to paragraph (1)(e)(ii) and (iii), and (1)(f) of that regulation;

(b) Chapter 4 (electricity); and

(5) Where a general provision applies in relation to regulation 103 (marine works), and confers a function on the appropriate authority, that provision applies with the following modifications—

(a) in a case to which paragraph (6) applies, for any reference to the appropriate authority, substitute a reference to the Welsh Ministers; and

(b) in any other case, for any reference to the appropriate authority, substitute a reference to the Secretary of State.

(6) This paragraph applies where the function in question is exercisable in relation to—

(a) any application to the Welsh Ministers for an authorisation in respect of marine works;

(b) any application to any other authority for—

(i) an authorisation in respect of marine works, the refusal of which gives rise to a right of appeal to the Welsh Ministers;

(ii) an authorisation in respect of marine works in relation to which the Welsh Ministers exercise any power of direction or call-in; or

(iii) an authorisation of harbour works which are, or are to be, carried out in relation to a fishery harbour in Wales under legislation of a kind mentioned in regulation 103(6)(c);

(d) harbour works which—

(i) are, or are to be, carried out in relation to a fishery harbour in Wales; and

(ii) are authorised by, and are, or are to be, carried out in accordance with, any legislation of a kind mentioned in regulation 103(6)(c).

(7) In paragraph (6)—

“authorisation” means any licence, consent or other approval;

“marine works” and “harbour works” have the meanings given by regulation 103(5) and (7) respectively.

(8) Where a general provision applies in relation to a plan or project which does not relate to a matter specified in Chapters 2 to 9, to the extent that that general provision applies in relation to Scotland or Northern Ireland, that provision applies with the following modifications—

(a) any reference to the Welsh Ministers is omitted; and

(b) for any reference to the appropriate authority, substitute a reference to the Secretary of State.

CHAPTER 2 — Planning

Planning permission

Grant of planning permission

70

(1) The assessment provisions apply in relation to—

(a) granting planning permission on an application under Part 3 of the TCPA 1990 (control over development);

(b) granting planning permission on an application under section 293A ... (urgent Crown development : application to the Welsh Ministers) , section 293B (urgent Crown development: applications to the Secretary of State) or section 293D (Crown development: applications to the Secretary of State) of that Act;

(c) granting planning permission, or upholding a decision of the local planning authority to grant planning permission (whether or not subject to the same conditions and limitations as those imposed by the local planning authority), on determining an appeal under section 78 of that Act (right to appeal against planning decisions) in respect of such an application;

(d) granting planning permission under—

(i) section 141(2)(a) of that Act (action in relation to purchase notice); or

(ii) section 177(1)(a) of that Act (grant or modification of planning permission on appeals against enforcement notices) ;

(e) directing under the following provisions that planning permission is deemed to be granted—

(i) section 90(1), (2) or (2A) of that Act (development with government authorisation);

(ii) section 57(2) or (2A) of the Town and Country Planning (Scotland) Act 1997 (development with government authorisation) ; or

(iii) section 5(1) of the Pipe-lines Act 1962 (provisions with respect to planning permission concerning pipe-lines) ;

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