The Conservation of Habitats and Species Regulations 2017

[^f00121]: Section 106 was substituted by the Planning and Compensation Act 1991, section 12(1), and amended by the Greater London Authority Act 2007 (c. 24), section 33; the Planning Act 2008 (c. 29), section 174(1) and (2); the Growth and Infrastructure Act 2013 (c. 27), Schedule 2, paragraphs 1 and 3. It is prospectively amended by the Housing and Planning 2016, section 158(3), and is prospectively repealed by the Planning and Compulsory Purchase Act 2004 (c. 5), Schedule 6, paragraphs 1 and 5, from a date or dates to be appointed.

[^f00122]: Section 107 was amended by the Planning and Compensation Act 1991 (c. 34), Schedule 1, paragraph 8 and Schedule 6, paragraph 13; and by the Housing and Planning Act 2016 (c. 22), Schedule 12, paragraphs 1 and 28.

[^f00123]: 2008 c. 29.

[^f00124]: Section 120 was amended by the Localism Act 2011 (c. 20), section 140 and Schedule 13, paragraphs 1 and 60.

[^f00125]: Paragraph 3(1) of Schedule 6 was amended by the Localism Act 2011, Schedule 13, paragraphs 1 and 72.

[^f00126]: See sections 31 and 32 for the definition of “development consent” and “development” respectively.

[^f00127]: 1980 c. 66. See the definition of “improvement” in section 329(1).

[^f00128]: 2015 c. 7.

[^f00129]: 1984 c. 38. Section 3(10) was amended by the Planning (Consequential Provisions) Act 1990 (c. 11), Schedule 2, paragraph 66.

[^f00130]: 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.

[^f00131]: 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.

[^f00132]: Schedule 8 was amended by the Planning (Consequential Provisions) Act 1990 (c. 11), Schedule 2, paragraph 83(1); the Local Government (Wales) Act 1994 (c. 19), Schedule 6, paragraph 22 and Schedule 18; and the Environment Act 1995 (c. 25), Schedule 10, paragraph 30(1), (3) and (6) and Schedule 24.

[^f00133]: Section 97 was amended by the Planning and Compensation Act 1991 (c. 34), Schedule 1, paragraph 4 and Schedule 19, Part 1; and by the Housing and Planning Act 2016 (c. 22), Schedule 12, paragraphs 1 and 25(1) to (5).

[^f00134]: 1997 c. 8.

[^f00135]: Section 65 was amended by S.S.I. 2006/243.

[^f00136]: 1962 c. 58; see section 1, which relates to pipe-line construction authorisations. Section 1 was amended by the Planning Act 2008 (c. 29), Schedule 2, paragraph 6; S.I 1999/742; and 2007/1519. It was also amended, in relation to England and Wales, by the Criminal Justice Act 1982 (c. 48), sections 38 and 46 and, in relation to Scotland, by the Criminal Procedure (Scotland) Act 1975 (c. 21), sections 289F and 289G.

[^f00137]: Schedule 1 was amended by the Petroleum Act 1987 (c. 12), section 25, and by S.I. 1992/449 and 1999/742.

[^f00138]: 1992 c. 42; sections 1 and 3 were amended by the Planning Act 2008 (c. 29), Schedule 2, paragraphs 51, 52 and 53.

[^f00139]: S.I. 2016/1154.

[^f00140]: 1991 c. 57.

[^f00141]: Section 27A was inserted by the Water Act 2003 (c. 37), section 6(1); and amended by S.I. 2013/755.

[^f00142]: Section 33A was inserted by the Water Act 2003 (c .37), section 9; and amended by S.I. 2013/755.

[^f00143]: Section 24 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 128; and by S.I. 1996/593, 2013/755 and 2015/664.

[^f00144]: Section 73 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraphs 128 and 139; and by S.I. 2013/755.

[^f00145]: Section 79A was inserted by the Environment Act 1995 (c .25), Schedule 22, paragraph 140, and amended by the Water Act 2003 (c. 37), section 64(3) and Schedule 9, Part 3; and by S.I. 2013/755.

[^f00146]: 1991 c. 56; section 166 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 118; and by S.I. 2013/755.

[^f00147]: Section 164 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 128; and by S.I. 2013/755.

[^f00148]: Section 167 was amended by the Planning Act 2008 (c. 29), Schedule 2, paragraph 50; and the Flood and Water Management Act 2010 (c. 29), section 41(1) and (2).

[^f00149]: Section 168 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 128.

[^f00150]: 1991 c. 56.

[^f00151]: 1991 c. 57.

[^f00152]: 1985 c. 48. Part 2 was amended by the Environmental Protection Act 1990 (c. 43), sections 146 and 162 and Schedule 16, Part 8; and by the Marine Act 2009, section 112(1) and Schedule 8, paragraphs 2, 5 and 6. By virtue of these amendments, Part 2 of the Food and Environment Protection Act 1985 only applies to the Scottish inshore region. See section 322(1) for the definition of the “Scottish inshore region”.

[^f00153]: S.I. 2009/463.

[^f00154]: 1862 c. 69. Section 9 was amended by SR & O 1921/1804.

[^f00155]: 1964 c. 40; sections 14 and 16 were amended by the Transport Act 1981 (c. 56), Schedule 6, paragraphs 3 and 14 and Schedule 12; the Criminal Justice Act 1982 (c. 48), sections 37 and 46; the Transport and Works Act 1992 (c. 42), Schedule 3, paragraphs 1 and 2; the Planning Act 2008 (c. 29), Schedule 2, paragraphs 8, 9 and 10; and S.I. 2006/1177. Section 14 was additionally amended by S.I. 2009/1941. Section 16 was additionally amended by the Marine Act 2009, Schedule 21, paragraphs 1 and 2.

[^f00156]: See the definition of “harbour authority” in section 57(1).

[^f00157]: S.I. 2015/668. Part 8 was amended by S.I. 2016/1190.

[^f00158]: S.I. 2013/2506 (W. 245), Part 3A was inserted by S.I. 2015/2020 (W. 308).

[^f00159]: Section 61F was inserted by the Localism Act 2011 (c. 20), Schedule 9, paragraphs 1 and 2. It is prospectively amended by the Neighbourhood Planning Act 2017 (c. 20), section 5, from a date to be appointed.

[^f00160]: Section 38C was inserted the Localism Act 2011 (c. 20), Schedule 9, paragraphs 5 and 7.

[^f00161]: Section 28 was amended by the Local Democracy, Economic Development and Construction Act 2009 (c. 20), Schedule 5, paragraphs 12 and 16; and the Neighbourhood Planning Act 2017 (c. 20), section 9(1) and (5) to (7). It is prospectively amended by the Localism Act 2011 (c. 20), Schedule 8, paragraphs 7 and 11, and Schedule 25, Part 16, from a date to be appointed.

[^f00162]: 2008 c. 29.

[^f00163]: 1999 c. 29.

[^f00164]: 2004 c. 5.

[^f00165]: S.I. 2005/1229 (W.87) (C.56), amended by S.I. 2005/2722 (W.193) (C.110).

[^f00166]: Section 18 was amended by the Planning Act 2008 (c. 29), section 180(1) and (4) and Schedule 13; the Localism Act 2011 (c. 20), Schedule 12, paragraphs 27 and 28; and the Neighbourhood Planning Act 2017 (c. 20), sections 6(1) to (3) and 13(1) and (2).

[^f00167]: Section 60 was substituted by the Planning (Wales) Act 2015 (anaw 4), section 3; and amended by the Environment (Wales) Act 2016 (anaw 3), Schedule 2, Part 1, paragraph 8(1) and (2).

[^f00168]: Sections 32 to 40 in Part 2 of the TCPA 1990 were substituted by the Planning and Compensation Act 1991 (c. 34), Schedule 4, paragraph; Part 2 of the TCPA 1990 was repealed by the 2004 Planning Act, Schedule 9, subject to transitional provisions contained in Schedule 8 to that Act.

[^f00169]: Section 38A was inserted by the Localism Act 2011 (c. 20), Schedule 9, paragraphs 5 and 7.

[^f00170]: Section 35A was inserted by the Planning and Compensation Act 1991 (c. 34), Schedule 4, paragraph 17; and repealed by the 2004 Planning Act, Schedule 9, subject to transitional provisions contained in Schedule 8 to that Act.

[^f00171]: Section 15(1) was substituted by the Planning and Compensation Act 1991, Schedule 4, paragraph 6; and repealed by the 2004 Planning Act, Schedule 9, subject to transitional provisions contained in Schedule 8 to that Act.

[^f00172]: Section 21 was amended by the Planning and Compensation Act 1991, Schedule 4, paragraph 12 and Schedule 19; and repealed by the 2004 Planning Act, Schedule 9, subject to transitional provisions contained in Schedule 8 to that Act.

[^f00173]: Section 43 was amended by the Planning and Compensation Act 1991, Schedule 4, paragraph 19(1); and repealed by the 2004 Planning Act, Schedule 9, subject to transitional provisions contained in Schedule 8 to that Act.

[^f00174]: 1984 c. 60; section 24 was substituted by the Serious Organised Crime and Police Act 2005 (c. 15), section 110(1).

[^f00175]: See section 1 of the Land Drainage Act 1991 (c. 59) for the meaning of “internal drainage board”.

[^f00176]: 1972 c. 70; section 250 was amended by the Criminal Justice Act 1982 (c. 48), sections 37, 38 and 46; the Housing and Planning Act 1986 (c. 63), Schedule 12, Part 3; and the Statute Law (Repeals) Act 1989 (c. 43).

[^f00177]: 1978 c. 30.

[^f00178]: 1981 c. 67.

[^f00179]: See regulation 134(1) of the 2010 Regulations.

[^f00180]: See regulation 134(2) of the 2010 Regulations.

[^f00181]: See regulations 17 and 134(5) of the 2010 Regulations.

[^f00182]: Regulation 36(1) was amended by S.I. 2012/1927.

[^f00183]: 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(1) and (2); and the Natural Environment and Rural Communities Act 2006 (c. 16), Schedule 11, paragraph 15(d).

[^f00184]: Regulation 38(5) was revoked by S.I. 2012/1927.

[^f00185]: 2015 c. 2; section 30(3) was amended by the Enterprise Act 2016 (c. 12), section 19.

[^f00186]: 1964 c. 40; paragraph (j) of the definition of “sensitive area” was substituted in relation to England and Wales by S.I 2010/490.

[^f00187]: 1967 c. 83; section 5F was inserted by the Environment (Wales) Act 2016 (anaw 3), Part 5, section 75.

[^f00188]: 1970 c. 30; subsection (4A) was inserted in relation to England and Wales by S.I. 2007/1843 and amended by S.I. 2010/490.

[^f00189]: 1980 c. 66; section 105A was inserted by S.I. 1988/1241 and substituted by S.I. 1999/369. Subsection (6) was amended by 2010/490.

[^f00190]: 1990 c. 8; Schedule 4C was inserted by the Localism Act 2010 (c. 20), Schedule 11.

[^f00191]: 2008 c. 29; subsection (4) was substituted by S.I. 2013/1479.

[^f00192]: 2005 c. 4; the entry relating to regulation 34(3) of the Conservation of Habitats and Species Regulations 2010 was substituted in relation to England and Wales by S.I. 2010/490.

[^f00193]: Subsection (9) was amended by S.I. 2010/490.

[^f00194]: Subsection (6)(d) was amended by S.I. 2010/490.

[^f00195]: Subsection (2) was amended by S.I. 2010/490.

[^f00196]: S.I. 1999/1672, amended by S.I. 2017/582; there are other amending instruments but none is relevant.

[^f00197]: S.I. 1999/1783, amended by S.I. 2017/585; there are other amending instruments but none is relevant.

[^f00198]: S.I. 1999/2228 amended by S.I. 2017/592; there are other amending instruments but none is relevant.

[^f00199]: S.I. 2000/1928, amended by S.I. 2007/1992 and 2017/582; there are other amending instruments but none is relevant.

[^f00200]: S.I. 2001/1754, amended by S.I. 2007/77. 2010/1513, 2016/912; there are other amending instruments but none is relevant.

[^f00201]: S.I. 2003/164, amended by S.I. 2017/583; there are other amending instruments but none is relevant.

[^f00202]: S.I. 2006/2522, amended by S.I. 2017/593; there are other amending instruments but none is relevant.

[^f00203]: S.I. 2009/995 (W.81), amended by S.I. 2015/1937 (W.291); there are other amending instruments but none is relevant.

[^f00204]: S.I. 2010/603.

[^f00205]: S.I. 2010/1228, amended by S.I. 2009/1176, 2012/742 and 2013/755; there are other amending instruments but none is relevant.

[^f00206]: S.I. 2010/1627, to which there are amendments not relevant to these Regulations.

[^f00207]: S.I. 2010/2020.

[^f00208]: S.I. 2011/409, amended by S.I. 2013/526 and 2016/738.

[^f00209]: S.I. 2011/559 (W.81), amended by S.I. 2013/755 (W.90); there are other amending instruments but none is relevant.

[^f00210]: S.I. 2011/603, to which there are amendments not relevant to these Regulations.

[^f00211]: S.I. 2011/950.

[^f00212]: S.I. 2011/1824, which has been revoked by S.I. 2017/571, subject to transitional provisions.

[^f00213]: S.I. 2012/635, to which there are amendments not relevant to these Regulations.

[^f00214]: S.I. 2012/637, amended by S.I. 2017/571; there are other amending instruments but none is relevant.

[^f00215]: S.I. 2012/1914.

[^f00216]: S.I. 2013/586, to which there are amendments not relevant to these Regulations.

[^f00217]: S.I. 2013/675, to which there are amendments not relevant to these Regulations.

[^f00218]: S.I. 2013/755 (W.90), to which there are amendments no relevant to these Regulations.

[^f00219]: S.I. 2013/1203, to which there are amendments not relevant to these Regulations.

[^f00220]: S.I. 2013/2506 (W.245), amended by S.I. 2015/2020 (W.308).

[^f00221]: S.I. 2014/615, to which there are amendments not relevant to these Regulations.

[^f00222]: S.I. 2014/1686, amended by S.I. 2016/1029; there are other amending instruments but none is relevant.

[^f00223]: S.I. 2014/1873, amended by 2015/1319; there is another amending instrument but it is not relevant.

[^f00224]: S.I. 2014/2269, to which there is an amendment not relevant to these Regulations.

[^f00225]: S.I. 2014/2441, to which there is an amendment not relevant to these Regulations.

[^f00226]: S.I. 2014/2637, to which there is an amendment not relevant to these Regulations.

[^f00227]: S.I. 2014/2933.

[^f00228]: S.I. 2014/2935 to which there are amendments not relevant to these Regulations.

[^f00229]: S.I. 2014/2950, to which there are amendments not relevant to these Regulations.

[^f00230]: S.I. 2014/3303 (W.336).

[^f00231]: S.I. 2014/3328, amended by S.I. 2015/1616; there is another amending instrument but it is not relevant.

[^f00232]: S.I. 2015/10.

[^f00233]: S.I. 2015/129, to which there are amendments not relevant to these Regulations.

[^f00234]: S.I. 2015/147, to which there are amendments not relevant to these Regulations.

[^f00235]: S.I. 2015/318, to which there are amendments not relevant to these Regulations.

[^f00236]: S.I. 2015/377, to which there are amendments not relevant to these Regulations.

[^f00237]: S.I. 2015/462, to which there are amendments not relevant to these Regulations.

[^f00238]: S.I. 2015/595, amended by S.I. 2017/571; there are other amending instruments but none is relevant.

[^f00239]: S.I. 2015/596, to which there are amendments not relevant to these Regulations.

[^f00240]: S.I. 2015/668, to which there are amendments not relevant to these Regulations.

[^f00241]: S.I. 2015/680, to which there are amendments not relevant to these Regulations.

[^f00242]: S.I. 2015/810, to which there are amendments not relevant to these Regulations.

[^f00243]: S.I. 2015/1317, to which there is an amendment not relevant to these Regulations.

[^f00244]: S.I. 2015/1347, to which there is an amendment not relevant to these Regulations.

[^f00245]: S.I. 2015/1390.

[^f00246]: S.I. 2015/1561, to which there are amendments not relevant to these Regulations.

[^f00247]: S.I. 2015/1570, to which there are amendments not relevant to these Regulations.

[^f00248]: S.I. 2015/1592, to which there is an amendment not relevant to these Regulations.

[^f00249]: S.I. 2015/1832, to which there are amendments not relevant to these Regulations.

[^f00250]: S.I. 2015/2020 (W.308).

[^f00251]: S.I. 2016/73, to which there is an amendment not relevant to these Regulations.

[^f00252]: S.I. 2016/166, to which there are amendments not relevant to these Regulations.

[^f00253]: S.I. 2016/297, to which there are amendments not relevant to these Regulations.

[^f00254]: S.I. 2016/547, to which there are amendments not relevant to these Regulations.

[^f00255]: S.I. 2016/716.

[^f00256]: S.I. 2016/772, to which there is an amendment not relevant to these Regulations.

[^f00257]: S.I. 2016/853, to which there are amendment not relevant to these Regulations.

[^f00258]: S.I. 2016/880, to which there are amendments not relevant to these Regulations.

[^f00259]: S.I. 2016/863, to which there are amendments not relevant to these Regulations.

[^f00260]: S.I. 2016/1154.

[^f00261]: S.I. 2017/267, as amended by S.I. 2017/595; there is another amending instrument but it is not relevant.

[^f00262]: S.I. 2017/403.

[^f00263]: S.I. 2017/433.

[^f00264]: S.I. 2017/565 (W.134).

[^f00265]: S.I. 2017/567 (W.136).

[^f00266]: S.I. 2017/571, to which there is an amendment not relevant to these Regulations.

[^f00267]: S.I. 2017/572.

[^f00268]: S.I. 2017/580.

Editorial notes

[^c23342941]: S.I. 2008/301.

[^c23342951]: 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.

[^c23342961]: 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).

[^c23342971]: 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.

[^c23342981]: 2003 c. 44. Section 307(3) and (5) was amended by S.I. 2011/1043.

[^c23342991]: 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).

[^c23343001]: 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.

[^c23343011]: 2008 c. 29.

[^c23343021]: 1997 c. 8. Section 57(2) was substituted by the Growth and Infrastructure Act 2013 (c. 27), section 21(5).

[^c23343031]: 1962 c. 58. Section 5(1) was amended by S.I. 1999/742.

[^c23343041]: Section 57(2ZA) was inserted by the Growth and Infrastructure Act 2013, section 21(5).

[^c23343051]: 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.

[^c23343061]: 1998 c. 47.

[^c23343071]: 1949 c. 97.

[^c23343081]: 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.

[^c23343091]: S.I. 2017/1013.

[^c23343101]: 1978 c. 30. See section 21 of that Act for the meaning of “subordinate legislation”.

[^c23343111]: 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).

[^c23343121]: 2009 c. 23.

[^c23343131]: 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).

[^c23343141]: OJ No. L 103, 25.4.1979, p.1; the old Wild Birds Directive was repealed by the new Wild Birds Directive.

[^c23343151]: 1990 c. 8.

[^c23343161]: 1981 c. 69.

[^c23343171]: 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.

[^c23343181]: S.I. 1999/1126.

[^c23343191]: S.I. 2002/791.

[^c23343201]: 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.

[^c23343211]: As defined by section 1 of the Fishery Limits Act 1976 (c. 86).

[^c23343221]: 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).

[^c23343231]: 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.

[^c23343241]: 1991 c. 57. See the definition of “navigation authority” in section 221(1).

[^c23343251]: 1964 c. 40. See the definition of “harbour authority” in section 57(1).

[^c23343261]: The River Tweed Commission was constituted by the Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913).

[^c23343271]: 1975 c. 26.

[^c23343281]: 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).

[^c23343291]: 1962 c. 58. Section 5(1) was amended by S.I. 1999/742.

[^c23343301]: The Broads Authority was established by section 1 of the Norfolk and Suffolk Broads Act 1988 (c. 4).

[^c23343311]: 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.

[^c23343321]: 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.

[^c23343331]: 1865 c. 125.

[^c23343341]: 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).

[^c23343351]: 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).

[^c23343361]: 1974 c. 40.

[^c23343371]: 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.

[^c23343381]: 1991 c. 59.

[^c23343391]: 1992 c. 36. Section 1 was amended by the Marine Act, section 11 and Schedule 22, Part 4; and by S.I. 1999/1820.

[^c23343401]: 2006 c. 16.

[^c23343411]: S.I. 2012/1903 (W. 230), to which there are amendments not relevant to these Regulations.

[^c23343421]: See section 1(1) of the Forestry Act 1967 (c. 10).

[^c23343431]: 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.

[^c23343441]: 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).

[^c23343451]: 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.

[^c23343461]: 1988 c. 4. Section 6 was amended by the 2006 Act, Schedule 11, paragraph 112(a).

[^c23343471]: 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).

[^c23343481]: 2010 c. 29. Sections 38 and 39 were amended by S.I. 2013/755 (W. 90).

[^c23343491]: 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.

[^c23343501]: 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.

[^c23343511]: 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).

[^c23343521]: 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).

[^c23343531]: 2006 c. 16.

[^c23343541]: Section 15 was substituted by the Natural Environment and Rural Communities Act 2006, Schedule 11, paragraph 12.

[^c23343551]: 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.

[^c23343561]: 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.

[^c23343571]: Section 28E(3)(a) was amended by the Natural Environment and Rural Communities Act 2006 (c. 16), Schedule 11, paragraph 79.

[^c23343581]: See paragraph 8(1)(b) of Schedule 11 to the Countryside and Rights of Way Act 2000 (c. 37).

[^c23343591]: 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).

[^c23343601]: 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.

[^c23343611]: 1973 c. 26. Section 10 was amended by the Trusts of Land and Appointment of Trustees Act 1996 (c. 47), Schedule 3, paragraph 13.

[^c23343621]: 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.

[^c23343631]: Section 4 was amended by S.I. 2009/1307.

[^c23343641]: 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).

[^c23343651]: 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).

[^c23343661]: See section 1 of the Land Drainage Act 1991 (c. 59).

[^c23343671]: 1969 c.xxiv.

[^c23343681]: 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).

[^c23343691]: See definition of “the confirming authority” in subsection (11).

[^c23343701]: 1981 c. 67.

[^c23343711]: 1965 c. 56.

[^c23343721]: 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).

[^c23343731]: S.I. 2011/409, to which there are amendments not relevant to these Regulations.

[^c23343741]: S.I. 2011/559 (W. 81), to which there are amendments not relevant to these Regulations.

[^c23343751]: 2004 c. 5. Section 17(3) was amended by the Planning Act 2008 (c. 29), section 180(3)(b).

[^c23343761]: 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.

[^c23343771]: 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.

[^c23343781]: 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.

[^c23343791]: 2008 c. 29.

[^c23343801]: 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.

[^c23343811]: Section 11 was amended by the Wildlife and Countryside (Amendment) Act 1991 (c. 39), section 2.

[^c23343821]: Section 17 was amended by the Countryside and Rights of Way Act 2000 (c. 37), Schedule 16, Part 4.

[^c23343841]: Section 21(6) was amended by the Natural Environment and Rural Communities Act 2006 (c. 16) (“the 2006 Act”), Schedule 11, paragraph 73(1).

[^c23343851]: Section 18C was inserted by the 2006 Act, Schedule 5, paragraph 1.

[^c23343861]: Section 18E was inserted by the 2006 Act, Schedule 5, paragraph 1.

[^c23343871]: 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.

[^c23343881]: 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).

[^c23343891]: 1911 c. 27.

[^c23343901]: S.I. 2001/1754, amended by S.I. 2007/77, 1842, 2010/1513, 2015/1431, 2016/529, 912, 1042 and 2017/582.

[^c23343911]: S.I. 2006/2522, amended by S.I. 2009/1307, 3264, 2010/1159, 2011/1043, 1824 and 2017/593.

[^c23343921]: S.I. 2017/565 (W. 134).

[^c23343941]: 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.

[^c23343951]: 2008 c. 29.

[^c23343961]: 1997 c. 8. Section 57(2ZA) was inserted by the Growth and Infrastructure Act 2013, section 21(5).

[^c23343971]: 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.

[^c23343981]: 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.

[^c23343991]: Section 177(1)(a) was substituted by the Planning and Compensation Act 1991, Schedule 7, paragraph 24(1)(a).

[^c23344001]: 1997 c. 8. Section 57(2) was substituted by the Growth and Infrastructure Act 2013 (c. 27), section 21(5).

[^c23344011]: 1962 c. 58. Section 5(1) was amended by S.I. 1999/742.