Legalize / United Kingdom / Statutory-Instrument

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

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

“the 2004 Planning Act” means the Planning and Compulsory Purchase Act 2004 ;

“the 2005 Order” means the Planning and Compulsory Purchase Act 2004 (Commencement No. 3 and Consequential and Transitional Provisions) (Wales) Order 2005 ;

“land use plan” means—the spatial development strategy under section 334 of the 1999 Act (the spatial development strategy);a joint spatial development strategy, local plan, document which is or forms part of a minerals and waste plan, supplementary plan or any revision of such a plan or document under Part 2 of the 2004 Planning Act (local development) ... ;a local development plan as provided for in Part 6 of the 2004 Planning Act (Wales);the Wales Spatial Plan under section 60 of the 2004 Planning Act (national development framework for Wales) ;an alteration or replacement of a structure plan, unitary development plan, local plan, minerals local plan, or waste local plan under Part 2 of the TCPA 1990 (development plans) to the extent permitted by Schedule 8 to the 2004 Planning Act (transitional provisions); or(in England) a neighbourhood development plan as defined in section 38A of the 2004 Planning Act (neighbourhood development plans) .

“plan-making authority” means—the Mayor of London when exercising powers under section 341(1) or (2) of the 1999 Act (alteration or replacement) or section 15CC of the 2004 Planning Act (supplementary plans);an authority which, by virtue of Part 1 of the TCPA 1990 (planning authorities) ..., is a local planning authority;a local planning authority or minerals and waste planning authority for the purposes of Part 2 of the 2004 Planning Act;the Secretary of State when exercising powers under—...section 19, section 35A(4) or section 45 of the TCPA 1990 (approval of a unitary development plan, calling in of proposal for approval by the Secretary of State, approval of proposals by the Secretary of State, respectively) to the extent permitted by Schedule 8 to the 2004 Planning Act;anyone exercising powers under section 15H, 15HA or 15HB of, or Schedule A1 to, the 2004 Planning Act;the Welsh Ministers when exercising powers under—section 60(3), section 65 or section 71(4) of the 2004 Planning Act (national development framework for Wales, intervention by Assembly, Assembly's default power, respectively); orsection 19 of the TCPA 1990 to the extent permitted by article 4 of the 2005 Order; or(in England) the local planning authority when exercising powers under Schedule 4B to the TCPA 1990 (as applied by section 38A(3) of the 2004 Planning Act).

(2) References in this Chapter to giving effect to a land use plan are to—

(a) the approval, under section 21(9) or 27(4) of the 2004 Planning Act, of a local development document;

(b) the adoption, under section 23 of the 2004 Planning Act (adoption of local development documents), of a local development document other than a statement of community involvement under section 18 of that Act;

(aa) the adoption of a joint spatial development strategy under section 15AD of the 2004 Planning Act or of an alteration of such a strategy under section 15AF of that Act;

(ab) the adoption or approval of a local plan, document which is or forms part of a minerals and waste plan, supplementary plan or a revision of any such document or plan under Part 2 of the 2004 Planning Act;

(c) the publication, under section 341 of the 1999 Act, of alterations of the spatial development strategy or a new spatial development strategy to replace it;

(d) the publication, under section 60 of the 2004 Planning Act, of a revision of the Wales Spatial Plan;

(e) the adoption, under section 67 of the 2004 Planning Act (adoption of local development plan), of a local development plan;

(f) the approval, under section 65(9) or 71(4) of the 2004 Planning Act, of a local development plan;

(g) the adoption, under section 35(1) (adoption of proposals), or approval under section 35A(4) of the TCPA 1990, of an alteration or replacement of a structure plan to the extent permitted by paragraph 2(2) of Schedule 8 to the 2004 Planning Act;

(h) the adoption, under section 15 (adoption of unitary development plans by local planning authority) and that provision as applied by section 21(2) (alteration or replacement of unitary development plans) of the TCPA 1990, of an alteration or replacement of a unitary development plan to the extent permitted by paragraph 4 of Schedule 8 to the 2004 Planning Act;

(i) the approval, under section 19 and that provision as applied by section 21(2) of the TCPA 1990, of an alteration or replacement of a unitary development plan to the extent permitted by paragraph 4 of Schedule 8 to the 2004 Planning Act;

(j) the adoption, under section 43 (adoption of proposals) or approval under section 45 of the TCPA 1990, of an alteration or replacement of a local plan, minerals local plan or waste local plan to the extent permitted by paragraph 9, 10 or 14 of Schedule 8 to the 2004 Planning Act;

(k) the adoption, under section 15 of the TCPA 1990, of a unitary development plan to the extent permitted by article 4 of the 2005 Order;

(l) the approval, under section 19 of the TCPA 1990, of a unitary development plan to the extent permitted by article 4 of the 2005 Order; or

(m) (in England) the holding of a referendum in accordance with paragraph 12(4) of Schedule 4B to the TCPA 1990 (as applied by section 38A(3) of the 2004 Planning Act).

CHAPTER 9 — MARINE POLICY STATEMENTS AND MARINE PLANS

Marine policy statement

112

(1) Chapter 8 applies (with the modifications specified in paragraphs (2) and (3))—

(a) in relation to a marine policy statement under Chapter 1 of Part 3 (marine planning) of the Marine Act as it applies in relation to a land use plan; and

(b) in relation to a policy authority when exercising powers under Part 3 of that Act as it applies in relation to a plan-making authority.

(2) Any reference in Chapter 8 to giving effect to a land use plan, in relation to a marine policy statement, is to be taken to be a reference to the adoption and publication of a marine policy statement in accordance with Schedule 5 to the Marine Act or any amendment of a marine policy statement under section 47 of that Act.

(3) Where Chapter 8 applies by virtue of paragraph (1)—

(a) in regulation 105(2), after “the appropriate nature conservation body” insert “and the Joint Nature Conservation Committee”;

(b) regulations 105(5), 107(3) to (6) and 108 do not apply; and

(4) In this regulation “policy authority” means the Secretary of State or the Welsh Ministers.

Marine plan

113

(1) Chapter 8 applies (with the modifications specified in paragraphs (2) and (3))—

(a) in relation to a marine plan as it applies in relation to a land use plan; and

(b) in relation to a marine plan authority when exercising powers under Part 3 of the Marine Act as it applies in relation to a plan-making authority.

(2) Any reference in Chapter 8 to giving effect to a land use plan, in relation to a marine plan, is to be taken to be a reference to the adoption and publication of a marine plan in accordance with Schedule 6 to the Marine Act or any amendment of a marine plan under section 52 of that Act.

(3) Where Chapter 8 applies by virtue of paragraph (1), regulations 105(5), 107(3) to (6) and 108 do not apply.

(4) In this regulation—

“marine plan” means a marine plan under Chapter 2 of Part 3 of the Marine Act;

“marine plan authority” has the meaning given by Part 3 of the Marine Act.

PART 7 — Enforcement

Wildlife inspectors

114

(1) In this Part, “wildlife inspector” means a person authorised in writing under this regulation by the appropriate authority (but see regulation 141(6)).

(2) An authorisation under paragraph (1) is subject to any conditions or limitations specified in it.

Powers of entry

Powers of entry: constables

115

(1) If a constable suspects with reasonable cause that any person is committing or has committed an offence specified in paragraph (4), the constable may, for the purposes of exercising the powers conferred by regulation 118, or arresting a person in accordance with section 24 of the Police and Criminal Evidence Act 1984 (arrest without warrant: constables) for such an offence, enter any premises other than a dwelling.

(2) A constable may—

(a) be accompanied by any other person that the constable considers necessary; and

(b) bring any equipment or materials that the constable considers necessary.

(3) If a justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for suspecting that an offence specified in paragraph (4) has been committed and that evidence of the offence may be found on any premises, the justice may by signed warrant authorise a constable to enter and search those premises for the purpose of obtaining that evidence.

(4) The offences specified for the purposes of this regulation are—

(a) a species offence (see regulation 132);

(b) an offence under regulation 54 (introduction of new species from ships);

(d) an offence under regulation 122(1) or (2).

Powers of entry: wildlife inspectors

116

(1) A wildlife inspector may, at all reasonable hours, enter and inspect any premises other than a dwelling—

(a) for the purpose of ascertaining whether a species offence is being or has been committed; or

(b) for the purpose of verifying any statement or representation made, or document or information supplied, by an occupier of the premises in connection with an application for, or the holding of, a licence granted under regulation 55 (licences for certain activities relating to animals or plants).

(2) The power in paragraph (1) to enter and inspect premises includes power to board and inspect a ship within the marine area, subject to paragraphs (3) to (6).

(3) Paragraph (4) applies in relation to—

(a) a third country ship;

(b) a warship which is being used by the government of a State other than the United Kingdom (whether or not it is a third country ship); and

(c) any other ship which is being used by the government of a State other than the United Kingdom for any non-commercial purpose.

(4) A wildlife inspector must not, in the exercise of the power in paragraph (1), board or inspect a ship to which this paragraph applies unless—

(a) in the case of a third country ship (other than a ship which is being used as mentioned in paragraph (3)(b) or (c)), the United Kingdom is entitled under international law to exercise that power without the consent of the flag state; or

(b) the Commissioners have given authority to exercise that power.

(5) The Commissioners must not give their authority under paragraph (4)(b) unless the flag state has consented to the United Kingdom exercising that power (whether generally or in relation to the ship in question).

(6) In giving their authority under paragraph (4)(b), the Commissioners must impose such conditions or limitations on the exercise of the power as may be necessary to give effect to any conditions or limitations imposed by the flag state.

(7) A wildlife inspector must, if requested to do so, produce a duly authenticated authorisation document before entering any premises.

(8) A wildlife inspector may be accompanied by a veterinary surgeon if the wildlife inspector has reasonable grounds for believing that such a person will be needed for the exercise of powers under regulation 120.

(9) In this regulation—

“the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;

“flag state”, in relation to a ship, means the State whose flag that ship is flying or is entitled to fly;

“third country ship” means a ship which—is flying the flag of, or is registered in, any State or territory other than the United Kingdom; andis not registered in the United Kingdom.

Powers of entry: other authorised persons

117

(1) A person authorised in writing by the appropriate nature conservation body may, at all reasonable hours, enter any land except a dwelling—

(a) to ascertain whether a special nature conservation order should be made under regulation 27 (power to make special nature conservation order), whether a stop notice should be served under paragraph (1) of regulation 28 (restriction on carrying out operations specified in order) or whether an offence under regulation 28(8) is being, or has been, committed on that land;

(b) to ascertain the amount of any compensation payable under regulation 30 (compensation for effect of stop notice) in respect of an interest in that land; or

(c) to affix a notice in accordance with regulation 28(3) or paragraph 2(5) of Schedule 1 (procedure in connection with special conservation orders).

(2) An officer of the Valuation Office or a person authorised in writing by the appropriate nature conservation body may enter any land for the purpose of surveying it, or of estimating its value, in connection with any claim for compensation under regulation 34 (compensation for effect of byelaws) in respect of that or any other land.

(3) A person authorised in writing by the authority having power to acquire land or an interest in land may enter that land for the purpose of surveying it in connection with the acquisition of that land or of any interest in that land, whether by agreement or compulsorily, in the exercise of any power conferred by these Regulations.

(4) A person authorised under this regulation must, if requested to do so, produce a duly authenticated authorisation document before entering any land.

(5) A person authorised under paragraph (1) may not demand admission as of right to any land which is occupied unless either—

(a) 24 hours' notice of the intended entry has been given to the occupier; or

(b) the purpose of the entry is to ascertain whether an offence under regulation 28(8) is being, or has been, committed on that land.

(6) A person authorised under paragraph (2) or (3) may not demand admission as of right to any land which is occupied unless at least 14 days' notice in writing of the intended entry has been given to the occupier.

Powers of search etc.

Constables' powers of search, etc.

118

(1) If a constable suspects with reasonable cause that any person is committing or has committed an offence specified in paragraph (2), the constable may without warrant—

(a) stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;

(b) search or examine anything which that person may be using or which is in that person's possession if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that thing; or

(c) seize and detain, for the purposes of proceedings in relation to an offence specified in paragraph (2), anything which may be evidence of the commission of the offence or may be liable to be forfeited under regulation 128.

(2) The offences specified for the purposes of this regulation are—

(a) a species offence;

(b) an offence under regulation 54 (introduction of new species from ships);

(d) an offence under regulation 122(1) or (2).

Powers in relation to specimens and samples

Powers in relation to samples: constables

119

(1) If a constable suspects with reasonable cause that a specimen found in the exercise of powers conferred by this Part is one in respect of which an offence specified in paragraph (5) is being or has been committed, the constable may require a sample to be taken from the specimen.

(2) If a constable suspects with reasonable cause that an offence specified in paragraph (5) is being or has been committed in respect of any specimen (“the relevant specimen”), the constable may require any person to make available for the taking of a sample any other specimen in that person's possession or control which is alleged to be, or the constable suspects with reasonable cause to be, a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen.

(3) Where a sample from a live animal or plant is to be taken, any person who has possession or control of the animal or plant must give the person taking the sample such assistance as that person may reasonably require for that purpose.

(4) This regulation is subject to regulation 121.

(5) The offences specified for the purposes of this regulation are—

(a) a species offence;

(b) an offence under 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); and

Powers in relation to specimens and samples: wildlife inspectors

120

(1) The powers conferred by this regulation are exercisable where a wildlife inspector has entered premises for a purpose mentioned in regulation 116(1)(a) or (b).

(2) The wildlife inspector, or accompanying veterinary surgeon, may—

(a) for any such purpose, examine any specimen; and

(b) subject to paragraph (3) and regulation 121, take a sample from it.

(3) No sample may be taken under paragraph (2) from a live animal or plant except for the purpose of establishing its ancestry or identity.

(4) The wildlife inspector may require an occupier of the premises to give such assistance as is reasonable in the circumstances for the purpose of—

(a) making an examination under paragraph (2)(a); or

(b) taking a sample under paragraph (2)(b).

(5) The wildlife inspector may take and remove from the premises a specimen which is not a live animal or plant, if there are reasonable grounds for believing that it is evidence of a species offence.

Restrictions on taking samples from live specimens

121

(1) No sample may be taken by virtue of regulation 119 or 120 from a live animal except by a veterinary surgeon.

(2) No sample may be taken by virtue of those regulations from a live animal or plant unless the person taking it is satisfied on reasonable grounds that taking it will not cause lasting harm to the specimen.

Offences

Attempts and possession of means of committing offence

122

(1) A person who attempts to commit an offence specified in paragraph (3) is guilty of an offence and punishable in the same manner as for that offence.

(2) A person who, for the purposes of committing an offence specified in paragraph (3), is in possession of anything capable of being used for committing such an offence, is guilty of an offence and punishable in the same manner as for that offence.

(3) The offences specified for the purposes of this regulation are—

(a) a species offence; and

(b) an offence under 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).

Obstruction of persons exercising powers of entry under regulation 117

123

A person who intentionally obstructs a person exercising powers under regulation 117 commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Obstruction in connection with constables' powers to take samples

124

(1) A person commits an offence if that person, without reasonable excuse, fails—

(a) to make available any specimen in accordance with a requirement regulation 119(2); or

(b) to give any assistance reasonably required under regulation 119(3).

(2) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine.

Offences in connection with wildlife inspectors' enforcement powers

125

(1) A person commits an offence if that person—

(a) intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by regulation 116 or 120(2) or (5); or

(b) fails without reasonable excuse to give any assistance reasonably required under regulation 120(4).

(2) A person who, with intent to deceive, falsely pretends to be a wildlife inspector, commits an offence.

(3) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine.

(4) A person guilty of an offence under paragraph (2) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine, or to both; or

(b) on conviction on indictment, to imprisonment not exceeding two years or to a fine, or to both.

Codes of practice

126

(1) The appropriate authority may—

(a) issue a code of practice in connection with any of the provisions of regulations 114, 116, 120, 121, 124 and 125; and

(b) revise or replace such a code.

(2) In discharging any function under the regulations specified in paragraph (1)(a)—

(a) a wildlife inspector authorised by the Secretary of State must have regard to any relevant provision of a code issued by the Secretary of State;

(b) a wildlife inspector authorised by the Welsh Ministers must have regard to any relevant provision of a code issued by them.

(3) But a wildlife inspector's failure to have regard to any provision of a code does not make that inspector liable to criminal or civil proceedings.

(4) A code—

(a) is admissible in evidence in any proceedings; and

(b) must be taken into account by any court in any case in which it appears to the court to be relevant.

Miscellaneous

Advice and assistance from nature conservation bodies

127

(1) The appropriate nature conservation body may advise or assist any constable or wildlife inspector in, or in connection with, enforcement action in relation to an offence specified in paragraph (2).

(2) The offences specified for the purposes of this regulation are—

(a) a species offence;

(b) an offence under 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); and

Forfeiture

128

(1) The court by which a person is convicted of an offence specified in paragraph (3)—

(a) must order the forfeiture of any animal, plant or other thing in respect of which the offence was committed; and

(b) may order the forfeiture of any vehicle, animal, weapon or other thing which was used to commit the offence.

(2) In paragraph (1)(b) “vehicle” includes any aircraft, hovercraft or boat.

(3) The offences specified for the purposes of this regulation are—

(a) a species offence;

(b) an offence under 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); and

Proceedings for offences: venue and time limits

129

(1) For the purposes of conferring jurisdiction in any proceedings for the prosecution of an offence specified in paragraph (5), any such offence is deemed to have been committed in any place where the offender is found or to which the offender is first brought after the commission of the offence.

(2) Summary proceedings for such an offence may be commenced within the period of six months from the date on which the prosecutor first knows of evidence sufficient, in the prosecutor's opinion, to justify proceedings.

(3) But no such proceedings may be commenced more than two years after the commission of the offence.

(4) For the purposes of paragraph (2)—

(a) a certificate signed by or on behalf of the prosecutor and stating the date on which the prosecutor first knew of evidence sufficient to justify the proceedings is conclusive evidence of that fact; and

(b) a certificate stating that matter and purporting to be so signed is deemed to be so signed unless the contrary is proved.

(5) The offences specified for the purposes of this regulation are—

(a) a species offence;

(b) an offence under regulation 54 (introduction of new species from ships);

(d) an offence under regulation 122(1) or (2).

Offences by bodies corporate etc.

130

(1) If an offence under these Regulations committed by a body corporate (other than a limited liability partnership or a Scottish partnership) is proved—

(a) to have been committed with the consent or connivance of an officer, or

(b) to be attributable to any neglect on the part of an officer,

the officer, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as it applies to an officer of a body corporate.

(3) If an offence under these Regulations committed by a partnership (including a limited liability partnership and a Scottish partnership) is proved—

(a) to have been committed with the consent or connivance of a partner, or

(b) to be attributable to any neglect on the part of a partner,

the partner, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.

(4) If an offence under these Regulations committed by an unincorporated body (other than an unincorporated partnership) is proved—

(a) to have been committed with the consent or connivance of an officer of the body, or

(b) to be attributable to any neglect on the part of such an officer,

the officer, as well as the body, is guilty of the offence and liable to be proceeded against and punished accordingly.

(5) In this regulation—

“officer” includes a person purporting to act as an officer;

“partner” includes a person purporting to act as a partner.

Application of criminal offences to the Crown

131

(1) No contravention by the Crown of any provision of these Regulations makes the Crown criminally liable, but the High Court may, on the application of any person appearing to the Court to have an interest, declare unlawful an act or omission of the Crown which constitutes such a contravention.

(2) Notwithstanding paragraph (1), these Regulations apply to persons in the public service of the Crown as they apply to any other person.

Interpretation of Part 7

132

In this Part—

PART 8 — Final Provisions

Powers of drainage authorities

133

(1) Where the appropriate nature conservation body or any other person enters into an agreement with a drainage authority for the carrying out by that authority of any work on land in a European site, no limitation imposed by law on the capacity of the drainage authority by virtue of its constitution operates so as to prevent the authority carrying out the agreement.

(2) In paragraph (1) “drainage authority” means—

(a) an internal drainage board ; or

(b) the relevant environmental authority.

(3) In paragraph (2)(b), “the relevant environmental authority” means—

(a) in relation to England, the Environment Agency;

(b) in relation to Wales, the Natural Resources Body for Wales.

Advisory role of the Joint Nature Conservation Committee

134

(1) The Joint Nature Conservation Committee may provide advice or make representations to any competent authority in relation to—

(a) any question as to whether that authority is obliged to carry out an appropriate assessment in relation to a European offshore marine site under these Regulations;

(b) any appropriate assessment on which that authority is obliged to consult the Committee under these Regulations;

(c) any application made pursuant to regulation 77 and sent to the Committee by that authority pursuant to regulation 77(3);

(d) any decision of the Secretary of State in respect of which notice has been served on the Committee under regulation 90(3)(b) or 94(3)(b); and

(e) any decision of the appropriate authority in respect of which notice has been served on the Committee under regulation 98(3)(b).

(2) The Joint Nature Conservation Committee may undertake, commission or support (whether by financial means or otherwise) such research and scientific work as they consider is required for the purposes of providing advice or making representations under this regulation.

Advisory role of Natural England, the Natural Resources Body for Wales and Scottish Natural Heritage

135

(1) Natural England may—

(a) provide advice and assistance, or make representations, to any competent authority on any matter which relates to England and is connected with the discharge of the competent authority's functions under these Regulations; and

(b) undertake, commission or support (whether by financial means or otherwise) such research and scientific work as it considers is required for the purposes of providing advice or assistance or making representations under sub-paragraph (a).

(2) The Natural Resources Body for Wales may—

(a) provide advice and assistance, or make representations, to any competent authority on any matter which relates to Wales and is connected with the discharge of the competent authority's functions under these Regulations; and

(b) undertake, commission or support (whether by financial means or otherwise) such research and scientific work as it considers is required for the purposes of providing advice or assistance or making representations under sub-paragraph (a).

(3) Scottish Natural Heritage may—

(a) provide advice and assistance, or make representations, to any competent authority on any matter which relates to Scotland and is connected with the discharge of the competent authority's functions under these Regulations; and

(b) undertake, commission or support (whether by financial means or otherwise) such research and scientific work as it considers is required for the purposes of providing advice or assistance or making representations under sub-paragraph (a).

Research

136

(1) The appropriate authority must take such steps to encourage research and scientific work as it considers necessary—

(a) having regard to the objectives in Article 2 (aims of the Directive), and the obligation in Article 11 (surveillance), of the Habitats Directive; and

(b) for the purpose of the protection or management, and in relation to the use, of any population of wild birds.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In deciding what steps to take under paragraph (1), the appropriate authority must have particular regard to the need for research and scientific work—

(a) on the subjects listed in Annex V to the new Wild Birds Directive (subjects for research); or

(b) which may be required to implement Articles 4 and 10 of the Habitats Directive (classification of special protection areas, research, respectively).

Local inquiries

137

(1) The appropriate authority may cause a local inquiry to be held for the purposes of the exercise of any of its functions under these Regulations.

(2) The provisions of section 250(2) to (5) of the Local Government Act 1972 (which relate to evidence and costs in inquiries) apply in relation to an inquiry held under this regulation.

Notices

138

(1) Any notice required or authorised to be served under these Regulations to any person may be given by—

(a) delivering it to the person;

(b) leaving it at the person's proper address; or

(2) Any such notice may—

(a) in the case of a body corporate, be served on an officer of the body;

(b) in the case of a limited liability partnership, Scottish partnership or unincorporated partnership, be served on a partner or a person having the control or management of the partnership business; and

(c) in the case of an unincorporated body other than an unincorporated partnership, be served on an officer of that body.

(3) For the purposes of this regulation and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this regulation, the proper address of any person on whom a notice is to be served is—

(a) in the case of a body corporate, the address of the registered or principal office of the body;

(b) in the case of a limited liability partnership or a Scottish partnership, the address of the registered or principal office of the partnership;

(c) in the case of an unincorporated partnership or any other unincorporated body, the address of the principal office of the partnership or body;

(d) in the case of a person on whom the notice is served in reliance on paragraph (2), the proper address of the body corporate, partnership or other unincorporated body in question; and

(e) in any other case, the last known address of the person in question.

(4) If a person on whom a notice is to be served under these Regulations has specified an address for service of such a notice, that address is also to be treated, for the purposes of this regulation and section 7 of the Interpretation Act 1978 in its application to this regulation, as that person's proper address.

(5) If the name or address of any occupier of premises on whom a notice is to be served under these Regulations cannot, after reasonable inquiry, be ascertained, the notice may be served by leaving it conspicuously affixed to a building or object on the premises.

(6) This regulation is subject to any provision of these Regulations, or to any direction given under these Regulations, which relates to the service of any notice under these Regulations.

(7) This regulation does not apply to the service of any notice required or authorised to be served under the Acquisition of Land Act 1981 , as applied by these Regulations (see regulation 36 (powers of compulsory acquisition)).

(8) In this regulation—

(a) “body corporate” does not include a limited liability partnership or a Scottish partnership; and

(b) references to serving include references to similar expressions (such as giving or sending).

Consequential Amendments

139

Schedule 6 (which makes amendments to legislation) has effect.

Revocations

140

Schedule 7 (revocations) has effect.

Transitional provisions

141

(1) Any licence granted for any purpose by Natural England, the Countryside Council for Wales, the Natural Resources Body for Wales or the Marine Management Organisation before 30th November 2017 under regulation 53(1) or (4) or 54 of the 2010 Regulations (licences for certain activities relating to animals or plants, licences for the introduction of new species, respectively), or which immediately before that date has effect as if it were granted by any of those bodies under any of those provisions , is to have effect from that date as a licence granted for that purpose under regulation 55(1) or (4) or 56 of these Regulations, respectively.

(2) Any application for a licence made before 30th November 2017 under regulation 53(1) or (4) or 54 of the 2010 Regulations, or which immediately before that date is treated as made under any of those provisions , and which (in either case) is not determined or withdrawn before that date, is to be treated as an application made under regulation 55(1), or (4) or 56 of these Regulations, respectively.

(3) Any agreement previously entered into by Natural England, the Countryside Council for Wales or the Natural Resources Body for Wales under regulation 16 of the 2010 Regulations (management agreements), or having effect as if it had been entered into by any of those bodies under that provision , which is in force immediately before 30th November 2017 has effect as if it were a management agreement entered into by Natural England or the Natural Resources Body for Wales (as the case may be) under regulation 20 (management agreements) of these Regulations.

(4) Any management scheme previously established by any of the relevant authorities under regulation 36 of the 2010 Regulations (management scheme for European marine site) which is in force immediately before 30th November 2017 has effect as if it were a management scheme established by the authority in question under regulation 38 (management scheme for European marine site) of these Regulations.

(5) Any byelaw—

(a) made under section 20 of the 1949 Act as applied by virtue of regulation 30 of the 2010 Regulations (power to make byelaws) ,

(b) to which regulation 33 of those Regulations (continuation in force of existing byelaws) applies; or

and which is in force immediately before 30th November 2017, has effect as if it were a byelaw made under section 20 of the 1949 Act (byelaws for protection of nature reserves) as applied by virtue of regulation 32 (power to make byelaws), or under regulation 40 (European marine sites: byelaws and orders) of these Regulations, respectively.

(6) An authorisation of a wildlife inspector under regulation 108 of the 2010 Regulations (wildlife inspectors), is to have effect as if granted under regulation 114 of these Regulations (wildlife inspectors).

Review: England

142

(1) The Secretary of State, in relation to England, must from time to time—

(a) carry out a review of the regulatory provision contained in these Regulations; and

(b) publish a report setting out the conclusions of the review.

(2) The first review must be published before 30th November 2022.

(3) Subsequent reviews must be carried out at intervals of not exceeding 5 years.

(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the Directives are implemented in other member States.

(5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

(b) assess the extent to which those objectives are achieved;

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 33 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

SCHEDULE 1 — Special Nature Conservation Orders: Procedure

Coming into operation

1

(1) An original order or a restrictive amending order takes effect on its being made.

(2) The appropriate authority must consider every such order, and the order ceases to have effect nine months after it is made unless—

(a) that authority has previously given notice under paragraph 6 that the order has been considered and that it is not proposed to amend or revoke it; or

(b) the order has been revoked.

(3) Subject to paragraphs 3(2) and 4(4), a revoking order, or an amending order which is not restrictive, does not take effect until confirmed by the appropriate authority.

(4) An amending or revoking order requiring confirmation is to be treated as being revoked if the appropriate authority gives notice under paragraph 6(2) that it is not to be confirmed.

Publicity for orders

2

(1) The appropriate authority must, where an order has been made, give notice setting out the order (or describing its general effect) and stating that it has taken effect or, as the case may be, that it has been made and requires confirmation.

(2) The notice must—

(a) name a place in the area in which the land to which the order relates is situated where a copy of the order may be inspected free of charge at all reasonable hours; and

(b) specify the time (not being less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order may be made.

(3) The notice must be given—

(a) by publication in the London Gazette and at least one local newspaper circulating in the area in which the land to which the order relates is situated;

(b) by serving an equivalent notice—

(i) on every owner and occupier of that land (subject to sub-paragraph (4)); and

(ii) on the local planning authority within whose area the land is situated.

(4) The appropriate authority may, in any particular case, direct that it is not necessary to comply with sub-paragraph (3)(b)(i).

(5) Where the appropriate authority gives a direction under paragraph (4) in the case of an order specifying any operation carried out, or proposed to be carried out, on any land—

(a) in addition to publication the notice must be addressed to “The owners and any occupiers” of the land (describing it), describing details of the operation and the details of the European site to which the order relates; and

(b) a copy or copies of the notice must be affixed to some conspicuous object or objects on the land.

Unopposed orders

3

(1) Where an order has taken effect immediately and no representations or objections are duly made in respect of it, or any so made are withdrawn, the appropriate authority must, as soon as practicable after considering the order, decide either to take no action on it or to make an order amending or revoking it.

(2) Where an amending or revoking order is made under sub-paragraph (1)—

(a) it takes effect immediately;

(b) it does not require confirmation; and

(3) Where an order requiring confirmation (in accordance with paragraph 1(3)) is made and no representations or objections are duly made in respect of it, or any so made are withdrawn, the appropriate authority may confirm the order (with or without modifications).

Opposed orders

4

(1) If any representation or objection duly made with respect to an order is not withdrawn, the appropriate authority must, as soon as practicable (in the case of an order having immediate effect) or (in the case of an order requiring confirmation) before confirming the order—

(a) cause a local inquiry to be held; or

(b) afford any person by whom a representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the appropriate authority for the purpose.

(2) On considering any representations or objections duly made and the report of any person appointed to hold the inquiry or to hear representations or objections, the appropriate authority—

(a) if the order has already taken effect, must decide either to take no action on the order or to make an order amending or revoking it as appropriate in the light of the report, representations or objections; and

(b) if the order requires confirmation, may confirm it (with or without modifications).

(3) The provisions of section 250(2) to (5) of the Local Government Act 1972 (which relate to evidence and costs in inquiries) apply in relation to an inquiry held under this paragraph.

(4) Where an amending or revoking order is made under sub-paragraph (2)(a)—

(a) it takes effect immediately;

(b) it does not require confirmation; and

Restriction on power to amend orders or confirm them with modifications

5

The appropriate authority may not, by virtue of paragraph 3(1) or 4(2), amend an order which has taken effect, or confirm any other order with modifications, so as to extend the area to which the order applies.

Notice of final decision on order

6

(1) The appropriate authority must, as soon as practicable after making an order under paragraph 3(1) or 4(2)(a), give notice—

(a) setting out the order (or describing its effect) and stating that it has taken effect; and

(b) naming a place in the area in which the land to which the order relates is situated where a copy of the order may be inspected free of charge at all reasonable hours.

(2) The appropriate authority must give notice of any of the following decisions as soon as practicable after making the decision—

(a) a decision under paragraph 3(1) or 4(2)(a) to take no action on an order which has already taken effect;

(b) a decision to confirm or not to confirm an order requiring confirmation under this Schedule.

(3) A notice under this paragraph of a decision to confirm an order must—

(a) set out the order as confirmed (or describe its general effect) and state the day on which the order took effect; and

(b) name a place in the area in which the land to which the order relates is situated where a copy of the order as confirmed may be inspected free of charge at all reasonable hours.

(4) Any notice under this paragraph must be given by publishing it in accordance with paragraph 2(3)(a) and serving a copy of it on any person on whom a notice was required to be served under paragraph 2(3)(b).

Proceedings for questioning validity of orders

7

(1) This paragraph applies to any order which has taken effect and as to which the appropriate authority has given notice under paragraph 6(2) of a decision to take no action or to amend the order in accordance with paragraph 4 (“the relevant notice”).

(2) If any person is aggrieved by an order to which this paragraph applies and desires to question its validity on the ground that it is not within the powers of regulation 27 (power to make special nature conservation order), or that any of the requirements of this Schedule have not been complied with in relation to it, that person may within six weeks from the date of the relevant notice make an application to the High Court.

(3) On any such application the High Court may, if satisfied that the order is not within those powers or that the interests of the applicant have been substantially prejudiced by a failure to comply with any of those requirements, quash the order, or any provision of the order, either generally or in so far as it affects the interests of the applicant.

(4) Except as provided by this paragraph, the validity of an order may not be questioned in any legal proceedings whatsoever.

Interpretation

8

In this Schedule—

“amending order” and “revoking order” mean, respectively, an order which amends, and an order which revokes, a previous order;

“order” means an order under regulation 27 (special nature conservation order);

“original order” means an order other than an amending or revoking order;

“restrictive”, in relation to an amending order, means extending the area to which a previous order applies.

SCHEDULE 2 — European Protected Species of animals

Common name[^f01000]	Scientific name
(a) The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names must not be taken into account.	(a) The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names must not be taken into account.
Bats, Horseshoe (all species)	Rhinolophidae
Bats, Typical (all species)	Vespertilionidae
Butterfly, Large Blue	Maculinea arion
Cat, Wild	Felis silvestris
Dolphins, porpoises and whales (all species)	Cetacea
Dormouse	Muscardinus avellanarius
Frog, Pool	Rana lessonae
Lizard, Sand	Lacerta agilis
Moth, Fisher’s Estuarine	Gortyna borelii lunata
Newt, Great Crested (or Warty)	Triturus cristatus
Otter, Common	Lutra lutra
Snail, Lesser Whirlpool Ram’s-horn	Anisus vorticulus
Snake, Smooth	Coronella austriaca
Sturgeon	Acipenser sturio
Toad, Natterjack	Bufo calamita
Turtles, Marine	Caretta caretta Chelonia mydas Lepidochelys kempii Eretmochelys imbricata Dermochelys coriacea

SCHEDULE 3 — Excluded populations of certain species

¹ The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names must not be taken into account.	¹ The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names must not be taken into account.	¹ The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names must not be taken into account.
² A copy of this Finnish Act can be obtained from the Wildlife Management Team, Natural Environment Policy Directorate, Defra, Horizon House, Deanery Road, Bristol BS1 5AH.	² A copy of this Finnish Act can be obtained from the Wildlife Management Team, Natural Environment Policy Directorate, Defra, Horizon House, Deanery Road, Bristol BS1 5AH.	² A copy of this Finnish Act can be obtained from the Wildlife Management Team, Natural Environment Policy Directorate, Defra, Horizon House, Deanery Road, Bristol BS1 5AH.
(1)Common name¹	(2)Scientific name	(3) Excluded countries and areas
Beaver, Eurasian	Castor fiber	Estonia, Finland, Latvia, Lithuania, Poland and Sweden
Hamster, Common (or Black bellied)	Cricetus cricetus	Hungary
Lynx, Eurasian	Lynx lynx	Estonia
Viper, Seoane's	Vipera seoanni	Spain
Wolf, Grey	Canis lupus	Bulgaria, Estonia, Greece north of the 39th parallel, Latvia, Lithuania, Poland, Slovakia, Spain north of the River Duero, and the reindeer management area in Finland as defined in paragraph 2 of Finnish Act No. 848/90 of 14th September 1990 on reindeer management²

SCHEDULE 4 — Animals which may not be captured or killed in certain ways.

¹ The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names must not be taken into account.	¹ The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names must not be taken into account.
Common name¹	Scientific name
Barbel	Barbus barbus
Grayling	Thymallus thymallus
Hare, Mountain	Lepus timidus
Lamprey, River	Lampetra fluviatilis
Marten, Pine	Martes martes
Polecat	Mustela putorius (otherwise known as Putorius putorius)
Salmon, Atlantic	Salmo salar (only in fresh water)
Seal, Bearded	Erignathus barbatus
Seal, Common	Phoca vitulina
Seal, Grey	Halichoerus grypus
Seal, Harp	Phoca groenlandica (otherwise known as Pagophilus groenlandicus)
Seal, Hooded	Cystophora cristata
Seal, Ringed	Phoca hispida (otherwise known as Pusa hispida)
Shad, Allis	Alosa alosa
Shad, Twaite	Alosa fallax
Vendace	Coregonus albula
Whitefish	Coregonus lavaretus

SCHEDULE 5 — European Protected Species of plants

¹ The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names must not be taken into account.	¹ The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names must not be taken into account.
Common name¹	Scientific name
Dock, Shore	Rumex rupestris
Fern, Killarney	Trichomanes speciosum
Gentian, Early	Gentianella anglica
Lady's-slipper	Cypripedium calceolus
Marshwort, Creeping	Apium repens
Naiad, Slender	Najas flexilis
Orchid, Fen	Liparis loeselii
Plantain, Floating-leaved water	Luronium natans
Saxifrage, Yellow Marsh	Saxifraga hirculus

SCHEDULE 6 — Consequential Amendments

PART 1 — Primary Legislation

Harbours Act 1964

1

In Part 1 (orders made on application to the Secretary of State) of Schedule 3 to the Harbours Act 1964 (procedure for making harbour revision and empowerment orders) , in paragraph 1 (interpretation), in paragraph (j) of the definition of “sensitive area” as it has effect in England and Wales, for “the Conservation of Habitats and Species Regulations 2010 (see regulation 8)” substitute “the Conservation of Habitats and Species Regulations 2017 (see regulation 8)”.

Sea Fisheries (Shellfish) Act 1967

2

In section 5F of the Sea Fisheries (Shellfish) Act 1967 (protection of marine environment: supplementary provision) , in subsection (1), in the definition of “European marine site”, for “the Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490) (see regulation 8)” substitute “the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (see regulation 8)”.

Conservation of Seals Act 1970

3

In section 10 of the Conservation of Seals Act 1970 (power to grant licences) , in subsection (4A), for “regulation 43 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 45 of the Conservation of Habitats and Species Regulations 2017”.

Highways Act 1980

4

In section 105A of the Highways Act 1980 (environmental impact assessments) , in subsection (6)(i), for “the Conservation of Habitats and Species Regulations 2010 (see regulation 8)” substitute “the Conservation of Habitats and Species Regulations 2017 (see regulation 8)”.

Town and Country Planning Act 1990

5

In Schedule 4C of the TCPA 1990 (community right to build orders) , in sub-paragraph (5) of paragraph 6 (development likely to have significant effects on environment etc), in paragraph (b) of the definition of “qualifying European site”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.

Planning Act 2008

6

In section 16 of the Planning Act 2008 (electric lines) , in subsection (4), in the definition of “European site”, for “the Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490)” substitute “the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012)”.

Constitutional Reform Act 2005

7

In Part 3 (Tribunal-related and other appointments: appointments by the Lord Chancellor) of Schedule 14 to the Constitutional Reform Act 2005 (the judicial appointments commission: relevant offices and enactments) , in Table 1, in the column entitled “enactment”, for the entry “Regulation 34(3) of the Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490)” substitute “Regulation 36(4) of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012)”.

Marine and Coastal Access Act 2009

8

(1) The Marine Act is amended as follows.

(2) In section 123 (creation of network of conservation sites) , in subsection (9), for paragraph (a)(ii) of the definition of “European marine site” substitute—

(ii) the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (see regulation 8), or

(3) In section 158 (byelaws: supplementary provision) , in subsection (6)(d), for “the Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490) (see regulation 8)” substitute “the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (see regulation 8)”.

(4) In section 237 (enforcement of nature conservation legislation) , in subsection (2), for paragraphs (i) and (j) substitute—

(i) regulations 43, 45, 47, 54, 59, 60 and 122(1) and (2) of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012); (j) any byelaws or orders made by virtue of regulation 32 or 40 of those Regulations.

PART 2 — Subordinate Legislation

Public Gas Transporter Pipe-Line Works (Environmental Impact Assessment) Regulations 1999

9

(1) The Public Gas Transporter Pipe-Line Works (Environmental Impact Assessment) Regulations 1999 are amended as follows.

(2) In regulation 2 (interpretation), in sub-paragraph (i) of the definition of “sensitive area”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.

(3) In regulation 3 (environmental statements), in paragraph (7), for “regulation 61 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 63 of the Conservation of Habitats and Species Regulations 2017”.

Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999

10

In regulation 3C of the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999 (coordination) , for “regulation 21 or 61 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 24 or 63 of the Conservation of Habitats and Species Regulations 2017”.

Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999

11

(1) The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 are amended as follows.

(2) In regulation 9A (co-ordination), in paragraph (2), for “regulation 61 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 63 of the Conservation of Habitats and Species Regulations 2017”.

(3) In paragraph 1 (interpretation) of Schedule 2 (description of projects likely to have significant effects on the environment), in sub-paragraph (h) of the definition of “sensitive area”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.

Pipe-line Works (Environmental Impact Assessment) Regulations 2000

12

In regulation 3 of the Pipe-Line Works (Environmental Impact Assessment) Regulations 2000 (grant of pipe-line construction authorisation by Secretary of State in respect of relevant pipe-line works) , in paragraph (7), for “regulation 61 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 63 of the Conservation of Habitats and Species Regulations 2017”.

Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001

13

In regulation 3 of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (exercise of functions of the Secretary of State and the Oil and Gas Authority) —

(a) in paragraph (1), for “the 2010 Regulations” substitute “the 2017 Regulations”;

(b) for paragraph (2) substitute—

(2) In this regulation, the “2017 Regulations” means the Conservation of Habitats and Species Regulations 2017.

Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003

14

In regulation 3C of the Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 (coordination) , for “regulation 21 or 61 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 24 or 63 of the Conservation of Habitats and Species Regulations 2017”.

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

15

(1) The Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006 are amended as follows.

(2) In regulation 2 (interpretation), in the definition of “the Habitats Regulations”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.

(3) In regulation 3C (coordination of environmental assessments), for “regulation 21 or 61” substitute “regulation 24 or 63”.

(4) In regulation 17 (additional requirements relating to the Habitats Regulations), in paragraph (1),—

(a) for “regulations 41, 43 or 45” substitute “regulations 43, 45 or 47”;

(b) for “regulation 53” substitute “regulation 55”.

Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009

16

In paragraph 5 (express authorisation) of Schedule 1 to the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 (damage to protected species, natural habitats and sites of special scientific interest) —

(a) in the English language text, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”;

(b) in the Welsh language text, for “Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2010” substitute “Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2017”.

Marine Management Organisation (Prescription of Powers to Fix Fees and Charges) Order 2010

17

In the Schedule to the Marine Management Organisation (Prescription of Powers to Fix Fees and Charges) Order 2010 (table of prescribed powers to fix fees and charges) —

(a) in the first column—

(i) for “The Conservation of Habitats and Species Regulations 2010” substitute “The Conservation of Habitats and Species Regulations 2017”;

(ii) for the entry “Regulation 55(5)” substitute “Regulation 57(5)”;

(b) in the second column, in relation to the substituted entry “Regulation 57(5)”, for “regulation 53(1) for a purpose specified in any of sub-paragraphs (e) to (g) of paragraph (2) of that regulation, regulation 53(4) or regulation 54” substitute “regulation 55(1) for a purpose specified in any of sub-paragraphs (e) to (g) of paragraph (2) of that regulation, regulation 55(4) or regulation 56”.

Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Marine Strategy Regulations 2010

19

In Schedule 2 to the Marine Strategy Regulations 2010 (enactments in relation to which duty in regulation 4 applies) , for the entry “The Conservation of Natural Habitats and Species Regulations 2010” substitute— “ The Conservation of Habitats and Species Regulations 2017 ”.

Port of Bristol (Deep Sea Container Terminal) Harbour Revision Order 2010

20

In Schedule 4 to the Port of Bristol (Deep Sea Container Terminal) Harbour Revision Order 2010 (application of permitted development rights) —

(a) in paragraph 2, for “regulation 73 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 75 of the Conservation of Habitats and Species Regulations 2017”;

(b) in paragraph 3(a), for “regulation 61” substitute “regulation 63”.

Marine Licensing (Exempted Activities) Order 2011

21

(1) The Marine Licensing (Exempted Activities) Order 2011 is amended as follows.

(2) In article 3 (interpretation), in the definition of “European site”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.

(3) In article 26 (markers for European marine sites and marine conservation zones), in paragraph (1)(a), for “regulation 35(1) of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 37(1) of the Conservation of Habitats and Species Regulations 2017”.

Marine Licensing (Exempted Activities) (Wales) Order 2011

22

(1) The Marine Licensing (Exempted Activities) (Wales) Order 2011 is amended as follows.

(2) In article 3 (interpretation)—

(a) in the English language text, in paragraph (a) of the definition of “European site”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”;

(b) in the Welsh language text, in paragraph (a) of the definition of “safle Ewropeaidd” for “Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2010” substitute “Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2017”.

(3) In article 25 (markers for European marine sites), in paragraph (1)(a)—

(a) in the English language text, for “regulation 35(1) of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 37(1) of the Conservation of Habitats and Species Regulations 2017”;

(b) in the Welsh language text, for “rheoliad 35(1) o Reoliadau Cadwraeth Cynefinoedd a Rhywogaethau 2010 (gosod arwyddion I ddynodi bodolaeth a ffiniau safle morol Ewropeaidd o fewn ystyr “European marine site” yn y Rheoliadau hynny” substitute “rheoliad 37(1) o Reoliadau Cadwraeth Cynefinoedd a Rhywogaethau 2017 (gosod arwyddion I ddynodi bodolaeth a ffiniau safle morol Ewropeaidd o fewn ystyr “European marine site” yn y Rheoliadau hynny”.

Marine and Coastal Access Act 2009 (Transitional and Savings Provisions) Order 2011

23

In Part 1 of Schedule 2 to the Marine and Coastal Access Act 2009 (Transitional and Savings Provisions) Order 2011 , omit paragraph 12 (the Conservation of Habitats and Species Regulations 2010).

Associated British Ports (Grimsby Riverside Ro-Ro Terminal) Harbour Revision Order 2011

24

(1) In article 20 of the Associated British Ports (Grimsby Riverside Ro-Ro Terminal) Harbour Revision Order 2011 (disapplication of the Conservation of Habitats and Species Regulations) —

(a) in the heading, for “regulation 73 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 75 of the Conservation of Habitats and Species Regulations 2017”;

(b) in paragraph (1), for “Regulation 73 of the Conservation of Habitats and Species Regulations 2010” substitute “Regulation 75 of the Conservation of Habitats and Species Regulations 2017”;

The Town and Country Planning (Environmental Impact Assessment) Regulations 2011

25

In regulation 2 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (interpretation) , in paragraph (1), in sub-paragraph (g) of the definition of “sensitive area”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.

Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012

26

In the Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 , omit regulation 9 (amendments to the Conservation of Habitats and Species Regulations 2010).

Neighbourhood Planning (General) Regulations 2012

27

(1) The Neighbourhood Planning (General) Regulations 2012 are amended as follows.

(2) In regulation 17 (submission of plan proposal to examination), in sub-paragraph (c)—

(a) for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”;

(b) for “regulation 102A” substitute “regulation 106”.

(3) In regulation 24 (submission of order proposal to examination), in sub-paragraph (d)—

(a) for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”;

(b) for “regulation 61(2)” substitute “regulation 63(2)”.

(4) In Schedule 2 (habitats)—

(i) in paragraph 1, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”;

(ii) omit paragraphs 2 to 5.

Hinkley Point Harbour Empowerment Order 2012

28

In article 36 of the Hinkley Point Harbour Empowerment Order 2012 (disapplication of the Conservation of Habitats and Species Regulations) —

(a) in the heading, for “regulation 73 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 75 of the Conservation of Habitats and Species Regulations 2017”;

(b) in the words before sub-paragraph (a), for “Regulation 73 of the Conservation of Habitats and Species Regulations 2010” substitute “Regulation 75 of the Conservation of Habitats and Species Regulations 2017”;

Brechfa Forest West Wind Farm Order 2013

29

In Part 3 (requirements) of Schedule 1 to the Brechfa Forest West Wind Farm Order 2013 (authorised project) , in sub-paragraph (1) of paragraph 1 (definitions), in the definition of “European Protected Species”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.

Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013

30

In Schedule 2 to the Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013 (requirements) , in sub-paragraph (5) of paragraph 5 (landscape and ecology), for the definition of “European protected species” substitute—

“European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017.

The Natural Resources Body for Wales (Functions) Order 2013

31

In the English and Welsh language texts of the Natural Resources Body for Wales (Functions) Order 2013 , in Schedule 4, omit paragraphs 365 to 373 and the heading to those paragraphs (Conservation of Habitats and Species Regulations 2010).

Galloper Wind Farm Order 2013

32

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.