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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
Source legislation.gov.uk
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In Part 3 (requirements) of Schedule 1 (authorised project) to the Galloper Wind Farm Order 2013 , in sub-paragraph (3) of paragraph 33 (European protected species), for the definition of “European protected species” substitute—

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

Nitrate Pollution Prevention (Wales) Regulations 2013

33
  • (1) Regulation 13A of the Nitrate Pollution Prevention (Wales) Regulations 2013 (application for a derogation) is amended as follows.
  • (2) In the words after paragraph (6)(b)—
  • (a) in the English language text, for “regulation 61 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 63 of the Conservation of Habitats and Species Regulations 2017”;
  • (b) in the Welsh language text, for “reoliad 61 o Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2010” substitute “reoliad 63 o Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2017”.
  • (3) In paragraph (15)(b)—
  • (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 Licensing (Application Fees) Regulations 2014

34

In the Schedule to the Marine Licensing (Application Fees) Regulations 2014 (application bands and maximum fees (“CAPS”)) , in paragraph 2(3), in the definition of “European site”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.

Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014

35

In Schedule 2 to the Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014 (model clauses for petroleum exploration and development licences) , in paragraph 22A (prohibition on hydraulic fracturing in protected areas in England and Wales), in sub-paragraph (2)(a)(ii), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.

Rampion Offshore Wind Farm Order 2014

36
  • (1) The Rampion Offshore Wind Farm Order 2014 is amended as follows.
  • (2) In article 2 (interpretation), in the definition of “European Protected Species”, for “regulations 40 and 44 of the Conservation of Habitats and Species Regulations 2010” substitute “regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017”.
  • (3) In article 39 (procedure in relation to further approvals, etc.)—
  • (a) in paragraph (1), in the definition of “competent authority”, for “the Conservation of Habitats and Species Regulations 2010/490” substitute “the Conservation of Habitats and Species Regulations 2017/1012”;
  • (b) in paragraph (5), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
37

In Schedule 2 to the A556 (Knutsford to Bowden Improvement) Development Consent Order 2014 (requirements) , in paragraph 1 (interpretation), for the definition of “European protected species” substitute—

“European protected species” has the same meaning as in regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017; and

Clocaenog Forest Wind Farm Order 2014

38

In Part 3 (requirements) of Schedule 1 to the Clocaenog Forest Wind Farm Order 2014 (authorised project) , in 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”.

39

In Schedule 2 to the Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014 (requirements) , in sub-paragraph (4) 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.

Associated British Ports (Fisher Fleet Quay) Harbour Revision Order 2014

40

In article 16 of the Associated British Ports (Fisher Fleet Quay) Harbour Revision Order 2014 (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”;
  • (c) in paragraph (2)(a), for “regulation 61” substitute “regulation 63”.
41
  • (1) The Able Marine Energy Park Development Consent Order 2014 is amended as follows.
  • (2) In article 22 (authority to survey and investigate the land), in paragraph (6), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
  • (3) In Schedule 11 (requirements), in paragraph 31 (European protected species)—
  • (a) in sub-paragraph (2), for “regulation 53 (licences for certain activities relating to animals or plants) of the Conservation of Habitats and Species Regulations 2010”, substitute “regulation 55 (licences for certain activities relating to animals or plants) of the Conservation of Habitats and Species Regulations 2017”;
  • (b) in sub-paragraph (3), for “regulations 40 (European protected species of animals) and 44 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2010” substitute “regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017”.

Walney Extension Offshore Wind Farm Order 2014

42

In Part 3 (requirements) of Schedule 1 to the Walney Extension Offshore Windfarm Order 2014 (authorised project) , in sub-paragraph (3) of paragraph 30 (European protected species), for the definition of “European protected species” substitute—

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

Keeping and Introduction of Fish (Wales) Regulations 2014

43

In regulation 5 of the Keeping and Introduction of Fish (Wales) Regulations 2014 (keeping fish) , in paragraph 4(ii)—

  • (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”.

Willington C Gas Pipeline Order 2014

44

In Part 2 (requirements) of Schedule 1 to the Willington C Gas Pipeline Order 2014 , in paragraph 1 (interpretation), 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”.

Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015

45

In regulation 5 of the Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015 (keeping fish) , in paragraph (4)(b), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.

46

In Schedule 2 to the A160/A180 (Port of Immingham Improvement) Development Consent Order 2015 (requirements) , in paragraph 1 (interpretation), for the definition of “European protected species” substitute—

“European protected species” has the same meaning as in regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017; and

Cornwall Council (A30 Temple to Higher Carblake Improvement) Order 2015

47

In Schedule 2 to the Cornwall Council (A30 Temple to Higher Carblake Improvement) Order 2015) (requirements) , in sub-paragraph (5) of paragraph 4 (construction environmental management plan), for “regulations 40 (European protected species of animals) and 44 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2010” substitute “regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017”.

Dogger Bank Creyke Beck Offshore Wind Farm Order 2015

48

In Part 3 (requirements) of Schedule 1 to the Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (authorised project) , in sub-paragraph (4) of paragraph 28 (European protected species: onshore) for “regulation 40 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 42 of the Conservation of Habitats and Species Regulations 2017”.

Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015

49

In the Schedule to the Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015 , omit paragraph 45 (Conservation of Habitats and Species Regulations 2010).

Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015

50

In Schedule 2 to the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015 (prescription of consents) , in the table in Part 1—

  • (a) in the first column, for the entry “Conservation of Habitats and Species Regulations 2010” substitute “Conservation of Habitats and Species Regulations 2017”; and
  • (b) in the second column, for the entry “A licence under regulation 53 (licences for certain activities relating to animals or plants)” substitute “A licence under regulation 55 (licences for certain activities relating to animals or plants)”.

Town and Country Planning (Development Management Procedure) (England) Order 2015

51

In article 2 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (interpretation) , 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”.

Town and Country Planning (General Permitted Development) (England) Order 2015

52

In article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (permitted development) , in paragraph (1), for “regulations 73 to 76 of the Conservation of Habitats and Species Regulations 2010” substitute “regulations 75 to 78 of the Conservation of Habitats and Species Regulations 2017”.

Nitrate Pollution Prevention Regulations 2015

53

In regulation 37 of the Nitrate Pollution Prevention Regulations 2015 (determination of application) , in paragraph (5), for “regulation 61 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 63 of the Conservation of Habitats and Species Regulations 2017”.

Knottingley Power Plant Order 2015

54

In Part 2 (requirements) of Schedule 1 to the Knottingley Power Plant Order 2015 (authorised development) , in sub-paragraph (5) of paragraph 24 (European protected species), for “regulations 40 and 44 of the Conservation of Habitats and Species Regulations 2010” substitute “regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017”.

Environmental Damage (Prevention and Remediation) (England) Regulations 2015

55

In paragraph 5 of Schedule 1 to the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (express authorisation of damage to protected species, natural habitats and sites of special scientific interest) , in sub-paragraph (e), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.

White Moss Landfill Order 2015

56

In paragraph 10 (European protected species) to Schedule 2 to the White Moss Landfill Order 2015 (requirements) , in sub-paragraph (2), for “regulations 40 and 44 of the Conservation of Habitats and Species Regulations 2010” substitute “regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017”.

Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015

57

In Schedule 2 to the Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015 (requirements) —

  • (a) in paragraph 1(1) (interpretation), in the definition of “European protected species”, for “regulations 40 and 44 of the Conservation of Habitats and Species Regulations 2010”, substitute “regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017”;
  • (b) in paragraph 25 (A1067 and Western Hall Road drainage), in sub-paragraph (2), for “the Conservation of Habitats and Species Regulations 2010”, substitute “the Conservation of Habitats and Species Regulations 2017”.

Poole Harbour (Works) Revision Order 2015

58

In article 19 of the Poole Harbour (Works) Revision Order 2015 (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”;
  • (c) in paragraph (2)(a), for “regulation 61” substitute “regulation 63”.

Preesall Underground Gas Storage Facility Order 2015

59

In Schedule 9 to the Preesall Underground Gas Storage Facility Order 2015 (requirements) , in paragraph 1 (interpretation)—

  • (a) for the definition of “the 2010 Regulations”, substitute—

“the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017;

  • (b) in the definition of “European protected species”, for “regulation 40 of the 2010 Regulations” substitute “regulation 42 of the 2017 Regulations”;
  • (c) in the definition of “European site”, for “the 2010 Regulations” substitute “the 2017 Regulations”.

Progress Power (Gas Fired Power Station) Order 2015

60

In paragraph 19 of Schedule 2 to the Progress Power (Gas Fired Power Station) Order 2015 (European protected species) , in sub-paragraph (3), for “regulations 40 and 44 of the Conservation of Habitats and Species Regulations 2010” substitute “regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017.”

Dogger Bank Teeside A and B Offshore Wind Farm Order 2015

61

In Part 3 (requirements) of Schedule 1 to the Dogger Bank Teeside A and B Offshore Wind Farm Order 2015 (authorised project) , in sub-paragraph (4) of paragraph 35 (European protected species: onshore), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.

Ferrybridge Multifuel 2 Power Station Order 2015

62

In Schedule 2 to the Ferrybridge Multifuel 2 Power Station Order 2015 (requirements) , in sub-paragraph (3) of paragraph 18 (construction environmental management plan), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.

Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2015

63

In the English and Welsh language texts of the Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2015 , omit regulation 7 (amendment of the Conservation of Habitats and Species Regulations 2010).

64

In Schedule 2 to the A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (requirements) , in paragraph 1 (interpretation), for the definition of “European protected species” substitute—

“European protected species” has the same meaning as in regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017;

Palm Paper Mill Generating Station Order 2016

65

In Schedule 2 to the Palm Paper Mill Generating Station Order 2016 (requirements) , in sub-paragraph (6) of paragraph 14 (European protected species), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.

Thorpe Marsh Gas Pipeline Order 2016

66

In Part 2 (requirements) of Schedule 1 to the Thorpe Marsh Gas Pipeline Order 2016 (authorised development) , in paragraph 1 (interpretation), 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”.

67

In Schedule 2 to the A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (requirements) , in paragraph 1 (interpretation), 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;

Fal Fishery Order 2016

68

In article 4 of the Fal Fishery Order 2016 (power to make regulations and to carry out fisheries management and development activities) , in paragraph (7)(a), for “regulation 8(4) of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 8(3) of the Conservation of Habitats and Species Regulations 2017”.

York Potash Harbour Facilities Order 2016

69

In article 16 of the York Potash Harbour Facilities Order 2016 (authority to survey and investigate the land) , in paragraph (6), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.

River Humber Gas Pipeline Replacement Order 2016

70

In Schedule 3 to the River Humber Gas Pipeline Replacement Order 2016 (requirements) , in sub-paragraph (2) of paragraph 19 (ecological surveys), for “regulation 53 (licences for certain activities relating to animals or plants) of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 55 (licences for certain activities relating to animals or plants) of the Conservation of Habitats and Species Regulations 2017”.

Triton Knoll Electrical System Order 2016

71

In Part 3 (requirements) of Schedule 1 to the Triton Knoll Electrical System Order 2016 (authorised project) , in sub-paragraph (4) of paragraph 20 (European protected species), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.

72

In Part 1 (requirements) of Schedule 2 to the M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 , in paragraph 1 (interpretation), 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; and

Environmental Permitting (England and Wales) Regulations 2016

73
  • (1) The Environmental Permitting (England and Wales) Regulations 2016 are amended as follows.
  • (2) In Schedule 3 (exempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions)—
  • (a) in Part 2 (exempt water discharge activities: descriptions and conditions), in sub-paragraph (3)(a) of paragraph 1 (vegetation management activities), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”;
  • (b) in Part 3 (exempt groundwater discharge activities: descriptions and conditions), in sub-paragraph (4) of paragraph 5 (open-loop ground source heating and cooling systems), in paragraph (a) of the definition of “groundwater-fed wetland”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”;
  • (c) in Part 4 (exempt flood risk activities: descriptions and conditions), in sub-paragraph (4)(a) of paragraph 1 (general and interpretation), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
  • (3) In Schedule 10 (landfill), in sub-paragraph (2)(c)(i) of paragraph 2 (interpretation: general), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
  • (4) In Part 2 of Schedule 29, omit paragraph 34 (Conservation of Habitats and Species Regulations 2010).

Economic Growth (Regulatory Functions) Order 2017

74

In Part 3 of the Schedule to the Economic Growth (Regulatory Functions) Order 2017 (regulatory functions to which section 108 of the Deregulation Act 2015 applies) , under the heading “Agriculture”, for “Conservation of Habitats and Species Regulations 2010” substitute “Conservation of Habitats and Species Regulations 2017”.

Town and Country Planning (Brownfield Land Register) Regulations 2017

75

In regulation 14 of the Town and Country Planning (Brownfield Land Register) Regulations 2017 (exemptions for certain types of land) , in paragraph (5), in the definition of “qualifying European site”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.

Keuper Underground Gas Storage Facility Order 2017

76

In Schedule 2 to the Keuper Underground Gas Storage Facility Order 2017 , in sub-paragraph (4) of paragraph 21 (European protected species), for “regulations 40 and 44 of the Conservation of Habitats and Species Regulations 2010 (as amended)” substitute “regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017”.

Environmental Impact Assessment (Agriculture) (Wales) Regulations 2017

77
  • (1) The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2017 are amended as follows.
  • (2) In paragraph (1) of regulation 2 (interpretation)—
  • (a) in the English language text, 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”;
  • (b) in the Welsh language text, in the definition of “y Reoliadau Cynefinoedd” for “Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2010” substitute “Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2017”.
  • (3) In regulation 5 (thresholds), in paragraph (7)(c)—
  • (a) in the English language text, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Habitats Regulations”;
  • (b) in the Welsh language text, for “Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2010” substitute “o'r Reoliadau Cyneinoedd”.
  • (4) In regulation 16 (additional requirements relating to the Habitats Regulations)—
  • (a) in paragraph (1)—
  • (i) in the English language text, for “regulations 41, 43 or 45” substitute “regulations 43, 45 or 47”;
  • (ii) in the Welsh language text, for “reoliadau 41, 43, neu 45” substitute “reoliadau 43, 45 neu 47”;
  • (b) in paragraph (2)—
  • (i) in the English language text, for “regulation 53” substitute “regulation 55”;
  • (ii) in the Welsh language text, for “reoliadau 53” substitute “reoliadau 55”.

Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017

78
  • (1) The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 are amended as follows.
  • (2) In regulation 2 (interpretation), in paragraph (1)—
  • (a) in the English language text, in the definition of “European site”, for “regulation 8(3) of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 8(1) of the Conservation of Habitats and Species Regulations 2017”;
  • (b) in the Welsh language text, in the definition of “safle Ewropeaidd” for “reoliad 8(3) o Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2010” substitute “reoliad 8(1) o Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2017”.
  • (3) In regulation 26 (coordination of assessments), in paragraph (2)—
  • (a) in the English language text, for “regulation 61 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 63 of the Conservation of Habitats and Species Regulations 2017”;
  • (b) in the Welsh language text, for “reoliad 61 o Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2010” substitute “reoliad 63 o Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2017”.

Town and Country Planning (Environmental Impact Assessment) Regulations 2017

79
  • (1) The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 are amended as follows.
  • (2) In regulation 2 (interpretation), in paragraph (1), 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 regulation 27 (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”.

Infrastructure Planning (Environmental Impact Assessment) Regulations 2017

80
  • (1) The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 are amended as follows.
  • (2) In regulation 26 (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 Schedule 3 (selection criteria for screening Schedule 2 development), in sub-paragraph (2) of paragraph (2) (location of development), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.

Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017

81
  • (1) The Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017 are amended as follows.
  • (2) In regulation 8 (co-ordination of environmental impact assessment with Habitats Regulations assessment), 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 Schedule 2 (development requiring screening if no EIA report provided), in sub-paragraph (g) of paragraph 4 (meaning of “sensitive area”), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
  • (4) In Schedule 3 (selection criteria for screening development), in sub-paragraph (c)(vi) of paragraph 2 (location of development), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.

SCHEDULE 7 — Revocations

Title Reference Extent of revocation
The 2010 Regulations 2010/490 The whole Regulations except: regulations 1 to 3; regulation 73 so far as it relates to planning permission granted by a general development order made before 30th November 2017; regulation 77 so far as it relates to a special development order made before 30th November 2017; regulation 78 so far as it relates to a local development order made before 30th November 2017; regulation 78A so far as it relates to a neighbourhood development order made before 30th November 2017; regulation 79 so far as it relates to a simplified planning zone scheme adopted or approved before 30th November 2017; regulation 80 so far as it relates to— an order designating an enterprise zone made before 30th November 2017, or a modified enterprise zone scheme approved before that date; regulation 132; Schedule 6
The Conservation of Habitats and Species (Amendment) Regulations 2011 2011/625 The whole Regulations
The Conservation of Habitats and Species (Amendment) Regulations 2012 2012/1927 The whole Regulations except for: regulations 1, 25 and 26; and regulation 2, so far as it relates to regulations 25 and 26

Signed

Thérèse Coffey — Parliamentary Under Secretary of State — 2017-10-30

Lesley Griffiths — Cabinet Secretary for Environment and Rural Affairs — 2017-10-25

Explanatory note

(This note is not part of the Regulations)

Part 1 – Introductory and general provisionsRegulation 9 requires public bodies to exercise their nature conservation functions so as to comply with the Habitats Directive and the new Wild Birds Directive (as defined in regulation 3(1)). Regulation 10 imposes duties on public bodies in relation to wild bird habitats and regulation 11 requires nature conservation bodies to review and report on whether the obligations under regulation 10 have been met.

Part 2 – Conservation of natural habitats and habitats of speciesRegulations 12 to 19 make provision for the selection, designation (or, in the case of special protection areas, classification), registration and notification of sites to be protected under the Habitats Directive (“European sites”). Regulations 20 to 22 make provision for management agreements for European sites. Regulations 23 to 36 make provision in respect of European sites for (i) control of damaging operations, (ii) special nature conservation orders and restoration orders, (iii) byelaws and (iv) compulsory purchase. Regulations 37 to 40 make provision for the protection of European marine sites.

Part 3 – Protection of speciesPart 3 provides for the protection of certain wild animals and plants. In particular, regulation 43 makes it an offence, subject to exceptions, deliberately to capture, kill or disturb those animals or to trade in them. Regulation 45 prohibits the use of certain methods of capturing or killing wild animals. Regulation 47 makes it an offence, subject to exceptions, deliberately to pick, collect, cut or destroy those plants or to trade in them.

Part 4 – Additional protection of habitats and wild animals and plantsRegulation 50 imposes a duty on the Secretary of State and Welsh Ministers to make arrangements for the surveillance of the conservation status of natural habitats and species protected under the Habitats Directive. Regulation 52 requires them to make arrangements to establish a system to monitor the incidental capture and killing of animals listed in Annex IV(a) to the Habitats Directive.

Part 5 – LicencesPart 5 provides for the licensing of certain activities relating to animals and plants. The offences under Part 3 do not apply to anything done in accordance with a licence. Regulation 59 makes it an offence to make a false statement or representation for the purposes of obtaining a licence. Regulation 60 makes it an offence to contravene or fail to comply with a licence condition.

Part 6 – Assessment of plans and projectsRegulations 63 to 69 require the effect on a European site to be considered before the granting of consents or authorisations of a kind specified in regulations 70 to 104, including the grant of planning permission, plans or projects to construct or improve highways, consents under the Electricity Act 1989 (c. 29), authorisations under the Pipe-lines Act 1962 (c. 58), orders under the Transport and Works Act 1992 (c. 42), environmental permits, abstraction licences and marine works. Regulation 63 provides that a competent authority may not authorise a plan or project that may adversely affect the integrity of a European site, subject to the exceptions set out in regulation 64 (considerations of overriding public interest).

Part 7 – EnforcementPart 7 sets out the enforcement powers of wildlife inspectors and constables, including powers of entry, search and taking of samples. It also sets out certain further offences, including offences of obstruction in connection with the exercise of powers of entry and powers to take specimens and samples (regulations 123 to 125).

Part 8 – Final provisionsRegulations 134 and 135 contain provisions relating to the advisory role of the Joint Nature Conservation Committee, Natural England, the Natural Resources Body for Wales and Scottish Natural Heritage.

Footnotes

[^f00001]: S.I. 2008/301.

[^f00002]: 1972 c. 68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1); and the European Union (Amendment) Act 2008 (c. 7), Part 1 of the Schedule.

[^f00003]: S.I. 2002/248. The designation is subject to the exceptions set out in Schedule 2 to that Order. The functions conferred on the National Assembly for Wales by means of that Order are now exercisable by the Welsh Ministers, by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

[^f00004]: Paragraph 1A of Schedule 2 was inserted by the Legislative and Regulatory Reform Act 2006, section 28. It was amended by the European Union (Amendment) Act 2008, Part 1 of the Schedule, and by S.I. 2007/1388.

[^f00005]: 2003 c. 44. Section 307(3) and (5) was amended by S.I. 2011/1043.

[^f00006]: OJ No. L 206, 22.7.1992, p.7, as last amended by Council Directive 2013/17/EU (OJ No. L 158, 10.6.2013, p.193).

[^f00007]: 1998 c. 46. Schedule 5 was amended by the Scotland Act 2012 (c. 11), section 10; the Energy Act 2013 (c. 32), Schedule 12, paragraph 72; the Scotland Act 2016 (c. 11), sections 40, 45, 47 and 50(1), (6) and (7); and by S.I. 2000/3252, 2002/1629, 2004/3329, 2014/1559 and 2015/1379.

[^f00008]: 2008 c. 29.

[^f00009]: 1997 c. 8. Section 57(2) was substituted by the Growth and Infrastructure Act 2013 (c. 27), section 21(5).

[^f00010]: 1962 c. 58. Section 5(1) was amended by S.I. 1999/742.

[^f00011]: Section 57(2ZA) was inserted by the Growth and Infrastructure Act 2013, section 21(5).

[^f00012]: 1985 c. 48. Part 2 was amended by the Environment Protection Act 1990 (c. 43), sections 146 and 147; the Petroleum Act 1998 (c. 17), Schedule 4, paragraph 20; the Food Standards Act 1999 (c. 28), Schedule 3, paragraph 16; the Energy Act 2008 (c. 32), Schedule 1, paragraph 2; the Marine Act, Schedule 8, paragraphs 2, 5 and 6; by S.I. 1999/1756; and by SSI 2011/202. It is prospectively amended by the Digital Economy Act 2017 (c. 30), Schedule 3, paragraphs 22 and 23, from a date to be appointed. By virtue of the amendments made by the Marine Act, Part 2 of the Food and Environment Protection Act 1985 only applies to the Scottish inshore region.

[^f00013]: 1998 c. 47.

[^f00014]: 1949 c. 97.

[^f00015]: S.I. 2010/490, as amended by S.I. 2011/603, 625, 2012/630, 2012/635, 637, 1927, 2013/755 (W. 90), 2015/377, 2020 and 2016/1154.

[^f00016]: S.I. 2017/1013.

[^f00017]: 1978 c. 30. See section 21 of that Act for the meaning of “subordinate legislation”.

[^f00018]: OJ No. L 206, 22.7.1992, p.7, as last amended by Council Directive 2013/17/EU (OJ No. L 158, 10.6.2013, p.193).

[^f00019]: 2009 c. 23.

[^f00020]: OJ No. L 20, 26.1.2010, p.7, as last amended by Council Directive 2013/17/EU (OJ No L 158, 10.6.2013, p.193).

[^f00021]: OJ No. L 103, 25.4.1979, p.1; the old Wild Birds Directive was repealed by the new Wild Birds Directive.

[^f00022]: 1990 c. 8.

[^f00023]: 1981 c. 69.

[^f00024]: S.I. 1999/672, to which there are amendments not relevant to these Regulations. These provisions continue to have effect as if made under section 158(3) of the Government of Wales Act 2006 (c. 32), by virtue of paragraph 26(3) of Schedule 11 to that Act.

[^f00025]: S.I. 1999/1126.

[^f00026]: S.I. 2002/791.

[^f00027]: 1964 c. 29. Section 1(7) was amended by the Oil and Gas (Enterprise) Act 1982 (c. 23), Schedule 3, paragraph 1; and the Energy Act 2011 (c. 16), section 103. Areas have been designated under section 1(7) by S.I. 1987/1265 and 2013/3162.

[^f00028]: As defined by section 1 of the Fishery Limits Act 1976 (c. 86).

[^f00029]: 2004 c. 20. Section 84(4) was amended by the Marine Act, Schedule 4(1), paragraph 4(2). Areas have been designated under section 84(4) by S.I. 2004/2668 and S.I. 2013/3161 (which revoked S.I. 2004/2668).

[^f00030]: The Joint Nature Conservation Committee was established by the Environment Protection Act 1990 (c. 43), section 128(4), and reconstituted by the Natural Environment and Rural Communities Act 2006 (c. 16), section 31 and Schedule 4.

[^f00031]: 1991 c. 57. See the definition of “navigation authority” in section 221(1).

[^f00032]: 1964 c. 40. See the definition of “harbour authority” in section 57(1).

[^f00033]: The River Tweed Commission was constituted by the Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913).

[^f00034]: 1975 c. 26.

[^f00035]: 1997 c. 8. Section 57(2) was substituted, and section 57(2ZA) was inserted, by the Growth and Infrastructure Act 2013 (c. 27), section 21(5).

[^f00036]: 1962 c. 58. Section 5(1) was amended by S.I. 1999/742.

[^f00037]: The Broads Authority was established by section 1 of the Norfolk and Suffolk Broads Act 1988 (c. 4).

[^f00038]: Section 2 was amended by the Local Government (Wales) Act 1994 (c. 19), section 19(1) and (4) and Schedule 18; and by the Environment Act 1995 (c. 25), Schedule 10, paragraph 32.

[^f00039]: 1972 c. 70. Section 102(1) was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, paragraph 16; and the Children Act 1989 (c. 41), Schedule 13, paragraph 31. It is prospectively amended by the Local Government and Housing Act 1989 (c. 42), Schedule 11, paragraph 25(a), from a date to be appointed.

[^f00040]: 1865 c. 125.

[^f00041]: 1900 c. 56. Section 2(2) was amended by the Armed Forces Act 2011 (c. 18), section 24(1); and by S.R. & O. 1924/1370. The functions of the Commissioners of Woods are now exercisable by the Crown Estate Commissioners: SR & O 1924/1370; the Crown Estate Act 1956 (c. 73), section 1(1); and the Crown Estate Act 1961 (c. 55), section 1(1).

[^f00042]: 1968 c. 41. Section 15 was amended by the WCA 1981, section 72(8); the Environmental Protection Act 1990 (c. 43), Schedule 9, paragraph 4(2) and Schedule 16, Part 6; the Countryside and Rights of Way Act 2000 (c. 37), section 75(3); the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), Schedule 12, paragraph 29(1) and (2); the Natural Environment and Rural Communities Act 2006 (c. 16), Schedule 11, paragraph 48; the Environment (Wales) Act 2016 (anaw 3), Schedule 2, paragraph 2(1) and (3); and S.I. 2013/755 (W. 90).

[^f00043]: 1974 c. 40.

[^f00044]: Section 28 was substituted, and sections 28A to 28C and 28D to 28R were inserted, by the Countryside and Rights of Way Act 2000 (“the 2000 Act”), Schedule 9, paragraph 1 and Schedule 10, paragraph 1. Sections 28, 31 and 34 were repealed as regards Scotland by the Nature Conservation (Scotland) Act 2004 (asp 6), Schedule 7, paragraph 4, and sections 28A to 28S do not extend to Scotland. Sections 28 to 28C and 28D to 28R were amended by the Natural Environment and Rural Communities Act 2006 (“the 2006 Act”), Schedule 11, paragraph 79. Sections 28, 28A, 28B and 28C were amended by the Marine Act, Schedule 13, paragraphs 2, 3, 5 and 6. Sections 28CA and 28CB were inserted by the Marine Act, Schedule 13, paragraphs 7 and 8. Section 28D was amended by the 2006 Act, section 56; and the Marine Act, Schedule 13, paragraph 9. Section 28E was amended by the 2006 Act, Schedule 11, paragraph 80; and the Environment (Wales) Act 2016, Schedule 2, paragraph 3(2). Section 28F was amended by the Planning (Wales) Act 2015 (anaw 4), Schedule 5, paragraph 5. Section 28G was amended by the 2006 Act, Schedule 11, paragraph 81. Section 28J was amended by the Environment (Wales) Act 2016, Schedule 2, paragraph 3(3). Section 28L was amended by the Planning (Wales) Act 2015, Schedule 5, paragraph 6. Section 28P was amended by the 2006 Act, section 55; and S.I. 2015/664. Section 28S was inserted by the 2006 Act, section 58(1). Section 31 was amended by the Criminal Justice Act 1982 (c. 48), sections 37 and 46; the 2000 Act, Schedule 9, paragraph 3; the Constitutional Reform Act 2005 (c. 4), Schedule 9, paragraph 37; and the 2006 Act, section 55(5) and Schedule 11, paragraph 79. Section 32 was amended by the Agriculture Act 1986 (c. 49), section 20(1) to (3); the 2000 Act, Schedule 9, paragraph 4 and Schedule 16, Part 3; the 2006 Act, Schedule 11, paragraph 79; the Environment (Wales) Act 2016 (anaw 3), Schedule 2, paragraph 3(4); and S.I. 2011/1043. Section 33 was amended by the 2006 Act, Schedule 11, paragraph 82. Section 34 was amended by the Local Government Act 1985 (c. 51), Schedule 3, paragraph 7; the Planning (Consequential Provisions) Act 1990 (c. 11), Schedule 2, paragraph 54(1); the Local Government (Wales) Act 1994 (c. 19), Schedule 16, paragraph 65(3); the 2000 Act, section 78; the 2006 Act, Schedule 11, paragraph 83; and S.I. 2015/664. Section 34A was inserted by the 2006 Act, Schedule 11, paragraph 84, and was amended by S.I. 2013/755 (W. 90). Section 35 was amended by the 2006 Act, Schedule 11, paragraph 85; and the Marine Act, Schedule 13, paragraph 10. Section 35A was inserted by the Marine Act, Schedule 13, paragraph 11.

[^f00045]: 1991 c. 59.

[^f00046]: 1992 c. 36. Section 1 was amended by the Marine Act, section 11 and Schedule 22, Part 4; and by S.I. 1999/1820.

[^f00047]: 2006 c. 16.

[^f00048]: S.I. 2012/1903 (W. 230), to which there are amendments not relevant to these Regulations.

[^f00049]: See section 1(1) of the Forestry Act 1967 (c. 10).

[^f00050]: Sections 17, 18, 20 and 21(6) were amended by the Natural Environment and Rural Communities Act 2006 (c. 16) (“the 2006 Act”), Schedule 11, paragraphs 15 to 17. Section 18 was amended by the Arbitration Act 1996 (c. 23), Schedule 4. Section 20 was amended by the Telecommunications Act 1984 (c. 12), Schedule 4, paragraph 28; the Water Act 1989 (c. 15), Schedule 25, paragraph 13; and the Communications Act 2003 (c. 21), of Schedule 17, paragraph 20.

[^f00051]: Section 21 was amended by the Local Government Act 1972 (c. 70), Schedule 30; the Local Government (Scotland) Act 1973 (c. 65), Schedule 27, paragraph 100 and Schedule 29; the Local Government and Planning (Scotland) Act 1982 (c. 43), section 10; the 2006 Act, Schedule 11, paragraphs 15 and 19; the Environment (Wales) Act 2016 (anaw 3), Schedule 2, paragraph 1(4); and S.I. 2013/755 (W. 90). Section 90 was amended by the Countryside Act 1968 (c. 41), Schedule 5; the Local Government Act 1972, Schedule 17, paragraph 39; the Environmental Protection Act 1990 (c. 43), Schedule 8, paragraph 1(14); the 2006 Act, Schedule 11, paragraph 10(l); and S.I. 2013/755 (W. 90).

[^f00052]: 1967 c. 10. Sections 3 and 10 were amended by S.I. 1999/1747 and 2013/755 (W. 90). Section 3 was amended by S.I. 2017/524. Section 10 was amended by the Nature Conservation (Scotland) Act 2004 (asp 6), Schedule 7, paragraph 2.

[^f00053]: 1988 c. 4. Section 6 was amended by the 2006 Act, Schedule 11, paragraph 112(a).

[^f00054]: 1995 c. 25. Section 66 was amended by the 2006 Act, Schedule 11, paragraph 143; the Planning (Wales) Act 2015 (anaw 4), Schedule 2, paragraph 20; the Environment (Wales) Act 2016, Schedule 2, paragraph 6; and by S.I. 2013/755 (W. 90).

[^f00055]: 2010 c. 29. Sections 38 and 39 were amended by S.I. 2013/755 (W. 90).

[^f00056]: Section 123(3)(a) applies in relation to the “UK marine area”, which is defined in section 42 of the Marine Act in terms which include the area comprised in the marine area as defined in these Regulations.

[^f00057]: 1967 c. 10. Paragraph 1 of Schedule 2 was amended by the Trusts of Land and Appointment of Trustees Act 1996 (c. 47), Schedule 4. Paragraph 3 of Schedule 2 was amended by the Endowments and Glebe Measure 1976 (1976 No. 4), Schedule 7; and the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No. 1), Schedule 5, paragraph 14.

[^f00058]: Section 16 was amended by the Natural Environment and Rural Communities Act 2006 (c. 16), Schedule 11, paragraph 14; and the Environment (Wales) Act 2016 (anaw 3), Schedule 2, Part 1, paragraph 1(1) and (3).

[^f00059]: 1968 c. 41. Section 15 was amended by the WCA 1981, section 72(8); the Environmental Protection Act 1990 (c. 43), Schedule 9, paragraph 4(2) and Schedule 16, Part 6; the Countryside and Rights of Way Act 2000 (c. 37), section 75(3); the Natural Environment and Rural Communities Act 2006, Schedule 11, paragraph 48; the Environment (Wales) Act 2016, Schedule 2, paragraph 2(1) and (3); and S.I. 2013/755 (W. 90).

[^f00060]: 2006 c. 16.

[^f00061]: Section 15 was substituted by the Natural Environment and Rural Communities Act 2006, Schedule 11, paragraph 12.

[^f00062]: Section 28E was inserted by the Countryside and Rights of Way Act 2000, Schedule 9, paragraph 1; and subsection (1)(a) was amended by the Natural Environment and Rural Communities Act 2006, Schedule 11, paragraph 79.

[^f00063]: Section 28 was substituted by the Countryside and Rights of Way Act 2000 (c. 37), Schedule 9, paragraph 1, and amended by the Natural Environment and Rural Communities Act 2006 (c. 16), Schedule 11, paragraph 79; and the Marine Act, Schedule 13, Part 2, paragraph 2.

[^f00064]: Section 28E(3)(a) was amended by the Natural Environment and Rural Communities Act 2006 (c. 16), Schedule 11, paragraph 79.

[^f00065]: See paragraph 8(1)(b) of Schedule 11 to the Countryside and Rights of Way Act 2000 (c. 37).

[^f00066]: 1970 c. 40. Section 29 was amended by the Agriculture (Miscellaneous Provisions) Act 1976 (c. 55), section 15; the Criminal Justice Act 1982 (c. 48), sections 37, 38 and 46; and the Statute Law (Repeals) Act 1986 (c. 12).

[^f00067]: 1972 c. 68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1); and the European Union (Amendment) Act 2008 (c. 7), Schedule 1(1), paragraph 1.

[^f00068]: 1973 c. 26. Section 10 was amended by the Trusts of Land and Appointment of Trustees Act 1996 (c. 47), Schedule 3, paragraph 13.

[^f00069]: 1961 c. 33. Section 5 was amended by the Planning and Compensation Act 1991 (c. 34), Schedule 15, paragraph 1; and by S.I. 2009/1307. It is prospectively amended by the Neighbourhood Planning Act 2017 (c. 20), section 32(1) and (2), from a date to be appointed.

[^f00070]: Section 4 was amended by S.I. 2009/1307.

[^f00071]: 1968 c. 19. Section 30 was substituted by the Criminal Justice Act 1988 (c. 33), Schedule 15, paragraph 28, and amended by the Constitutional Reform Act 2005 (c. 4), Schedule 9, paragraph 16(2).

[^f00072]: Section 20 was amended by the Telecommunications Act 1984 (c. 12), Schedule 4, paragraph 28; the Water Act 1989 (c. 15), Schedule 25, paragraph 13; the Communications Act 2003 (c. 21), Schedule 17, paragraph 20(2); and the Natural Environment and Rural Communities Act 2006 (c. 16), Schedule 11, paragraph 15(d).

[^f00073]: See section 1 of the Land Drainage Act 1991 (c. 59).

[^f00074]: 1969 c.xxiv.

[^f00075]: 1972 c. 70. Sections 236 and 238 were amended by the Local Government Byelaws (Wales) Act 2012 (anaw 2), Schedule 2, paragraph 9(3) and (5); by the Local Democracy, Economic Development and Construction Act 2009 (c. 20), Schedule 6, paragraphs 34 and 36; and by S.I. 2001/3719. Section 236 was amended by the Civil Aviation Act 1982 (c. 16), Schedule 15, paragraph 11; the Local Government Act 1985 (c. 51), Schedule 14, paragraph 31(1); the Water Act 1989 (c. 15), Schedule 27, Part 1; the Local Government (Wales) Act 1994 (c. 19), Schedule 15, paragraph 50; the Greater London Authority Act 1999 (c. 29), sections 76 and 166; and the Local Government and Public Involvement in Health Act 2007 (c. 28), section 129(2).

[^f00076]: See definition of “the confirming authority” in subsection (11).

[^f00077]: 1981 c. 67.

[^f00078]: 1965 c. 56.

[^f00079]: For the purposes of regulation 37, the “appropriate authority” in defined in regulation 3(1) of these Regulations as the Secretary of State in relation to England and the Welsh Ministers in relation to Wales. The person responsible for granting approval 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 is the Secretary of State and Welsh Ministers respectively. (See definition of “licensing authority” in those Regulations).

[^f00080]: S.I. 2011/409, to which there are amendments not relevant to these Regulations.

[^f00081]: S.I. 2011/559 (W. 81), to which there are amendments not relevant to these Regulations.

[^f00082]: 2004 c. 5. Section 17(3) was amended by the Planning Act 2008 (c. 29), section 180(3)(b).

[^f00083]: Section 12(3A) was inserted by the Planning and Compensation Act 1991 (c. 34), paragraph 2(1) of Schedule 4, and was repealed by the Planning and Compulsory Purchase Act 2004 (c. 5), Schedule 9, but (in relation to England only) subject to transitional provisions contained in Schedule 8 to that Act.

[^f00084]: Section 31(3) was substituted by the Planning and Compensation Act 1991 (c. 34) (“the 1991 Act”), Schedule 4, paragraph 16, and was repealed by the Planning and Compulsory Purchase Act 2004 (c. 5) (“the 2004 Act”), Schedule 9, subject to transitional provisions contained in Schedule 8 to that Act.

[^f00085]: Section 36 was substituted by the 1991 Act, Schedule 4, paragraph 17, and was repealed by the 2004 Act, Schedule 9, subject to transitional provisions contained in Schedule 8 to that Act.

[^f00086]: 2008 c. 29.

[^f00087]: Section 9 was amended by the Countryside and Rights of Way Act 2000 (c. 37), Schedule 12, paragraph 5(b); and by S.I. 2007/1843 and 2011/1043.

[^f00088]: Section 11 was amended by the Wildlife and Countryside (Amendment) Act 1991 (c. 39), section 2.

[^f00089]: Section 17 was amended by the Countryside and Rights of Way Act 2000 (c. 37), Schedule 16, Part 4.

[^f00090]: S.I. 1997/1372, amended by S.I. 2005/1674, 2007/2952, 2009/1773, and 2011/1043.

[^f00091]: Section 21(6) was amended by the Natural Environment and Rural Communities Act 2006 (c. 16) (“the 2006 Act”), Schedule 11, paragraph 73(1).

[^f00092]: Section 18C was inserted by the 2006 Act, Schedule 5, paragraph 1.

[^f00093]: Section 18E was inserted by the 2006 Act, Schedule 5, paragraph 1.

[^f00094]: Section 19XA was inserted by the 2006 Act, Schedule 5, paragraph 3, and amended by the Criminal Justice and Immigration Act 2008 (c. 4), Schedule 26, paragraph 7.

[^f00095]: Section 14 was amended by the Countryside and Rights of Way Act 2000 (c. 37), Schedule 16, Part 4; and by the Infrastructure Act 2015 (c. 7), sections 23(2) and 25(2).

[^f00096]: 1911 c. 27.

[^f00097]: S.I. 2001/1754, amended by S.I. 2007/77, 1842, 2010/1513, 2015/1431, 2016/529, 912, 1042 and 2017/582.

[^f00098]: S.I. 2006/2522, amended by S.I. 2009/1307, 3264, 2010/1159, 2011/1043, 1824 and 2017/593.

[^f00099]: S.I. 2017/565 (W. 134).

[^f00100]: S.I. 2010/1228, amended by S.I. 2011/974, 2183,2012/742, 2013/755 (W. 90), 2014/3306 and 2015/664.

[^f00101]: Section 90 was amended by the Planning and Compensation Act 1991 (c. 34), Schedule 6, paragraph 12; the Environment Act 1995 (c. 25), Schedule 10, paragraph 32(4); the Transport and Works Act 1992 (c. 42), section 16(1); the Growth and Infrastructure Act 2013 (c. 27), section 21(1) to (3); and the Planning (Wales) Act 2015 (anaw 4), section 33(1) and (3). It is prospectively amended by the Wales Act 2017 (c. 4), section 39(13), and the Neighbourhood Planning Act 2017 (c. 20), Schedule 3, paragraph 5, from a date or dates to be appointed.

[^f00102]: 2008 c. 29.

[^f00103]: 1997 c. 8. Section 57(2ZA) was inserted by the Growth and Infrastructure Act 2013, section 21(5).

[^f00104]: Section 293A was inserted by the Planning and Compulsory Purchase Act 2004 (c. 5), section 82(1), and amended by the Planning (Wales) Act 2015 (anaw 4), Schedule 2, paragraphs 8 and 9, and Schedule 4, paragraphs 1 and 17; and the Housing and Planning Act 2016 (c. 22), Schedule 12, paragraph 34.

[^f00105]: Section 78 was amended by the Planning and Compensation Act 1991 (c. 34), section 17(2); the Planning and Compulsory Purchase Act 2004, sections 40(2)(e) and 43(2); the Planning Act 2008 (c. 29), Schedule 10, paragraphs 1 and 3 and Schedule 11, paragraphs 1 and 2; the Localism Act 2011 (c. 20), section 123(1) and (3), and Schedule 12, paragraphs 1 and 11; the Growth and Infrastructure Act 2013 (c. 27), Schedule 1, paragraphs 1 and 8; the Infrastructure Act 2015 (c. 7), Schedule 4, Part 2, paragraphs 2 and 12; the Planning (Wales) Act 2015, sections 45 and 47, and Schedule 7, paragraph 7; the Housing and Planning Act 2016, Schedule 12, paragraphs 1 and 21; and by S.I. 2014/2773.

[^f00106]: Section 177(1)(a) was substituted by the Planning and Compensation Act 1991, Schedule 7, paragraph 24(1)(a).

[^f00107]: 1997 c. 8. Section 57(2) was substituted by the Growth and Infrastructure Act 2013 (c. 27), section 21(5).

[^f00108]: 1962 c. 58. Section 5(1) was amended by S.I. 1999/742.

[^f00109]: Section 90(2ZA) was inserted by the Environment Act 1995 (c. 25), Schedule 10.

[^f00110]: Section 57(2ZA) was inserted by the Growth and Infrastructure Act 2013 (c. 27), section 21(5).

[^f00111]: 1989 c. 29. Section 36 was amended by the Energy Act 2004 (c. 20), section 93; by the Planning Act 2008, Schedule 2, paragraphs 31 and 32; by the Marine Act, section 12(7)(a) and (8); by the Energy Act 2016 (c .20), section 78; and by S.I. 2006/1054; and is prospectively amended by the Wales Act 2017 (c. 4), section 39(7) to (11), and Schedule 6, Part 3, paragraph 47, from a date to be appointed. Section 36C of the Act, inserted by the Growth and Infrastructure Act 2013 (c. 27), section 20, provides for the variation of consents granted under section 36. Section 37 was amended by the Planning Act 2008, Schedule 2, paragraphs 31 and 33; and is prospectively amended by the Wales Act 2017, section 42 from a date to be appointed.

[^f00112]: Section 102 was amended by the Planning and Compensation Act 1991 (c. 34), Schedule 1, paragraph 6, and Schedule 7, paragraph 21; and the Planning (Wales) Act 2015 (anaw 4), section 33(1) and (4).

[^f00113]: Paragraph 1 of Schedule 9 was amended by the Planning and Compensation Act 1991, Schedule 1, paragraph 15.

[^f00114]: 1990 c. 9.

[^f00115]: Section 92 was amended by the Planning (Wales) Act 2015 (anaw 4), section 36(1) to (6), and Schedule 4, paragraphs 1 and 10.

[^f00116]: 1980 c. 65. Paragraph 5 of Schedule 32 was amended by the Planning (Consequential Provisions) Act 1990 (c. 11), Schedule 1, Part 1.

[^f00117]: 1962 c. 58. Section 1 was amended by the Criminal Justice Act 1982 (c. 48), sections 37, 38 and 46; by the Planning Act 2008 c. 29, Schedule 2, paragraphs 5 and 6; and by S.I. 1999/742 and 2007/1519.

[^f00118]: 1992 c. 42. Sections 1 and 3 were amended by the Planning Act 2008, Schedule 2, paragraphs 51, 52 and 53.

[^f00119]: Section 97 was amended by the Planning and Compensation Act 1991 (c. 34), Schedule 1, paragraph 4; and by the Housing and Planning Act 2016 (c. 22), Schedule 12, paragraphs 1 and 25.

[^f00120]: Paragraph 1 of Schedule 1 was amended by the Planning and Compensation Act 1991, Schedule 1, paragraph 13.

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