[^key-fc718fc0c03dedbad5394fbe5471388a]: Regulations: power to amend conferred (24.1.2022) by Environment Act 2021 (c. 30), ss. 112, 147(3) (with s. 144); S.I. 2022/48, reg. 2(p)

[^key-1aa53e36cf52483982ffbbed070f5d5c]: Pt. 6: power to amend conferred (24.1.2022) by Environment Act 2021 (c. 30), ss. 113, 147(3) (with s. 144); S.I. 2022/48, reg. 2(p)

[^key-73e048334fe2c20eea38f6b7281d5cac]: Reg. 55(10)(a)(b) substituted for words in reg. 55(10) (30.9.2022) by Environment Act 2021 (c. 30), ss. 111(6), 147(3) (with s. 144); S.I. 2022/518, regs. 1(2), 3(b)

[^key-c5252158584b09044d05d12294b15f06]: Pt. 6: power to disapply or modify conferred (26.12.2023) by Energy Act 2023 (c. 52), ss. 293(4)(5), 334(3)(j) (with s. 293(6))

[^key-6dc403b1af15266f6c7789324c01e87b]: Reg. 10: power to disapply or modify conferred (26.12.2023) by Energy Act 2023 (c. 52), ss. 293(4)(5), 334(3)(j) (with s. 293(6))

[^key-6ca3f2237e3f127c3f3ccf2cc9f22540]: Reg. 9: power to disapply or modify conferred (26.12.2023) by Energy Act 2023 (c. 52), ss. 293(4)(5), 334(3)(j) (with s. 293(6))

[^key-9830389024fe1c2ad612a1d22446c7fd]: Regs. 85A-85D inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(6), Sch. 15 para. 11 (with s. 247)

[^key-8feebb16e434cd860cedd9f31f864664]: Regs. 110A-110C inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(6), Sch. 15 para. 16 (with s. 247)

[^key-3054e4160e1d186ec9e99ebfd4f76fbf]: Reg. 70(5) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(6), Sch. 15 para. 3 (with s. 247)

[^key-7559410fa2270af7cc34d5798e321cc2]: Reg. 71(10) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(6), Sch. 15 para. 4 (with s. 247)

[^key-b27d47fb178e52cc9945e7b82664be38]: Reg. 77(8) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(6), Sch. 15 para. 5 (with s. 247)

[^key-153d5edca7c7aa4f8de4404061920644]: Reg. 79(6) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(6), Sch. 15 para. 6 (with s. 247)

[^key-a54cefc6bdd9f956ab73457587356424]: Reg. 80(6) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(6), Sch. 15 para. 7 (with s. 247)

[^key-f924ef1c4111762ef01d2017b895ac17]: Reg. 81(5A) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(6), Sch. 15 para. 8 (with s. 247)

[^key-5d7d668bd38211d0dcbf937680305f36]: Reg. 82(7) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(6), Sch. 15 para. 9 (with s. 247)

[^key-04bd49b466f133842ea98bd0b5a47f48]: Reg. 83(7) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(6), Sch. 15 para. 10 (with s. 247)

[^key-2d482f4c5a33e43665b7bd27cebbdb9c]: Reg. 105(7) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(6), Sch. 15 para. 13 (with s. 247)

[^key-2f59719f9610d403d9acb809516690bd]: Reg. 106(3A) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(6), Sch. 15 para. 14 (with s. 247)

[^key-36b0d5abf872d4d7a83bfb50e985269e]: Words in reg. 110(3)(a) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(6), Sch. 15 para. 15 (with s. 247)

[^key-32c79a99429889dda91b3aa727d0cb5c]: Reg. 70(1)(h)(iii) and word inserted (4.11.2024) by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 135(b)

[^key-58f674da02208813ea6488f0c50a695e]: Word in reg. 70(1)(h) omitted (4.11.2024) by virtue of The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 135(a)

[^key-3c5a279186a82413fdf39e5a6d201250]: Words in reg. 70(1)(b) omitted (1.5.2025) by virtue of The Town and Country Planning (Consequential and Miscellaneous Amendments) Regulations 2025 (S.I. 2025/412), regs. 1(1), 16(a)

[^key-aed9f9da8d37a4963575739f667b55e8]: Words in reg. 70(1)(b) inserted (1.5.2025) by The Town and Country Planning (Consequential and Miscellaneous Amendments) Regulations 2025 (S.I. 2025/412), regs. 1(1), 16(b)

[^key-87adef5b36bed319c2140b5bb5710c6c]: Words in reg. 70(1)(b) inserted (1.5.2025) by The Town and Country Planning (Consequential and Miscellaneous Amendments) Regulations 2025 (S.I. 2025/412), regs. 1(1), 16(c)

[^key-6ee5e9c643a78e28a5827431c7a7693f]: Word in reg. 7(1)(b) omitted (15.12.2025) by virtue of The Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025 (S.I. 2025/1192), regs. 1(2)(b), 13(2)(a)

[^key-77adce95c0b9d178c776a68111f7c083]: Reg. 7(1)(d) and word inserted (15.12.2025) by The Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025 (S.I. 2025/1192), regs. 1(2)(b), 13(2)(b)

[^key-9341d38967843ab378b97f004fff054c]: Word in reg. 9(2) omitted (15.12.2025) by virtue of The Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025 (S.I. 2025/1192), regs. 1(2)(b), 13(3)(a)

[^key-001de13f7c2993f5925cfcdf6a70563a]: Reg. 9(2)(o) and word inserted (15.12.2025) by The Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025 (S.I. 2025/1192), regs. 1(2)(b), 13(3)(b)

[^key-39beae1aa88ef6260691a7c9f93f18e9]: Reg. 65(5) inserted (15.12.2025) by The Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025 (S.I. 2025/1192), regs. 1(2)(b), 13(4)

[^key-44840fcdfd1ba466f3fedf121610960c]: Reg. 9(2A) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 48(a) (with s. 116); S.I. 2025/1370, reg. 4(1)(l)(3)

[^key-c5a26055f4ce0a71c56aaacec8a98687]: Reg. 9(3A) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 48(b) (with s. 116); S.I. 2025/1370, reg. 4(1)(l)(3)

[^key-dda59637324768ecc4358781f0f4aa29]: Reg. 55(10A) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 49 (with s. 116); S.I. 2025/1370, reg. 4(1)(l)(3)

[^key-2b11bf37af67a3091b72dc6545922d3b]: Reg. 58(2A) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 50(b) (with s. 116); S.I. 2025/1370, reg. 4(1)(l)(3)

[^key-62bedb6d9a613e1c0e33a26bc529fe97]: Reg. 58(4A) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 50(d) (with s. 116); S.I. 2025/1370, reg. 4(1)(l)(3)

[^key-16ef3f308e423eec0a3b40bb2a143c00]: Reg. 58(7) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 50(f) (with s. 116); S.I. 2025/1370, reg. 4(1)(l)(3)

[^key-7267efd7cdf62c6ca9f7d2ccbf17c733]: Words in reg. 58(2) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 50(a) (with s. 116); S.I. 2025/1370, reg. 4(1)(l)(3)

[^key-ec57a87d208b657383013b0671854fce]: Words in reg. 58(3) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 50(c) (with s. 116); S.I. 2025/1370, reg. 4(1)(l)(3)

[^key-cbe6dfebd989c70e1ace9f0cc1b0f02b]: Words in reg. 58(6) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 50(e) (with s. 116); S.I. 2025/1370, reg. 4(1)(l)(3)

[^key-c2f44a230d0f9b50e6f3bd479f173bfc]: Reg. 62(1A)(1B) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 51 (with s. 116); S.I. 2025/1370, reg. 4(1)(l)(3)

[^key-e7e42373e5043ebf1d98d9a773881663]: Words in reg. 63(7) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 52 (with s. 116); S.I. 2025/1370, reg. 4(1)(l)(3)

[^key-b6e6c9224164cbb4fbdfaee1b38b3603]: Sch. 2: entry inserted (E.) (1.10.2022) by The Beavers (England) Order 2022 (S.I. 2022/858), arts. 1(1), 2; and (W.) (4.3.2026) by The Beavers (Wales) Order 2026 (W.S.I. 2026/18), arts. 1(1), 3

[^key-7f2061d37c59a06cc3a67a0928ed83db]: Words in reg. 41(1) inserted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 38(2) (with s. 247); S.I. 2026/169, reg. 3(f)(xii) (with Sch. 1)

[^key-165037c4d276857a709d49605ade54b3]: Words in reg. 41(2)(a)(i) substituted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 38(3)(a) (with s. 247); S.I. 2026/169, reg. 3(f)(xii) (with Sch. 1)

[^key-3a3751e9b94ab9c05cb3eebec047ed82]: Words in reg. 41(2)(a)(i) substituted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 38(3)(b) (with s. 247); S.I. 2026/169, reg. 3(f)(xii) (with Sch. 1)

[^key-b80bb362fd6d733e15e521d2d4b5fb7c]: Reg. 41(2)(aa) inserted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 38(5) (with s. 247); S.I. 2026/169, reg. 3(f)(xii) (with Sch. 1)

[^key-121a3f41c4716594865ca5b113f2f01b]: Word in reg. 41(2)(a)(ii) omitted (25.3.2026) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 38(4) (with s. 247); S.I. 2026/169, reg. 3(f)(xii) (with Sch. 1)

[^key-c3949eaf6f66f2c9bedb2513a73969f5]: Reg. 108(6) inserted (25.3.2026 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 39(6) (with s. 247); S.I. 2026/169, reg. 3(f)(xiii) (with Sch. 1)

[^key-0e61ed35fe5a5cc4efe6bcd66deda5c4]: Words in reg. 108(1) substituted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 39(2) (with s. 247); S.I. 2026/169, reg. 3(f)(xiii) (with Sch. 1)

[^key-f4a78a739f24cce81f3cf747fe7c4150]: Words in reg. 108(2) substituted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 39(3) (with s. 247); S.I. 2026/169, reg. 3(f)(xiii) (with Sch. 1)

[^key-c8b1876a693d0d059265a143975345eb]: Words in reg. 108(3) substituted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 39(4) (with s. 247); S.I. 2026/169, reg. 3(f)(xiii) (with Sch. 1)

[^key-aa02afa1e54ceb238f281279b87cc72e]: Words in reg. 108(5) substituted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 39(5) (with s. 247); S.I. 2026/169, reg. 3(f)(xiii) (with Sch. 1)

[^key-ed5557eaedd3ce8f92d38704f82bbd6f]: Words in reg. 111(1) substituted (25.3.2026 except for the words “joint spatial development strategy,”) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 40(2)(a)(i) (with s. 247); S.I. 2026/169, reg. 3(f)(xiv) (with Sch. 1)

[^key-13b85d871c899042cb4a1d4bf421a89c]: Words in reg. 111(1) omitted (25.3.2026) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 40(2)(a)(ii) (with s. 247); S.I. 2026/169, reg. 3(f)(xiv) (with Sch. 1)

[^key-42f40d5d378a24a0d82e4c869538cc93]: Words in reg. 111(1) inserted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 40(2)(b) (with s. 247); S.I. 2026/169, reg. 3(f)(xiv) (with Sch. 1)

[^key-d129da385abc11308701b8f2cc54e273]: Words in reg. 111(1) omitted (25.3.2026) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 40(2)(c) (with s. 247); S.I. 2026/169, reg. 3(f)(xiv) (with Sch. 1)

[^key-30380bf2bff3fdda7df8a50a2e6f4ca3]: Words in reg. 111(1) inserted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 40(2)(d) (with s. 247); S.I. 2026/169, reg. 3(f)(xiv) (with Sch. 1)

[^key-eaeb3b694f0eb408c35b7984b800a190]: Words in reg. 111(1) omitted (25.3.2026) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 40(2)(e) (with s. 247); S.I. 2026/169, reg. 3(f)(xiv) (with Sch. 1)

[^key-53f9960fa60f7d9f78793f4847336151]: Words in reg. 111(1) inserted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 40(2)(f) (with s. 247); S.I. 2026/169, reg. 3(f)(xiv) (with Sch. 1)

[^key-da5ba584b168e628ecb3057e41ca88c4]: Reg. 111(2)(aa)(ab) substituted for reg. 111(2)(a)(b) (25.3.2026 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 40(3)(a) (with s. 247); S.I. 2026/169, reg. 3(f)(xiv) (with Sch. 1)

Interpretation: the Directives

3A

(1) The Habitats Directive is to be construed for the purposes of these Regulations as if—

(a) any reference to “the European territory of the Member States to which the Treaty applies” included a reference to the United Kingdom;

(b) any reference to “Member State” or “Member States” included a reference to the United Kingdom;

(c) any reference to “of Community interest” included, in relation to the United Kingdom, a reference to “of national interest”;

(d) in Article 1(d) and (h), references to “the Community” were references to “the European Union or the United Kingdom”; and

(e) in Article 1(l), the reference to “a site of Community importance designated by the Member State” included, in relation to the United Kingdom, a reference to a site of national importance designated under any of the retained transposing regulations.

(2) The new Wild Birds Directive is to be construed for the purposes of these Regulations as if—

(a) any reference to “the European territory of the Member States to which the Treaty applies” included a reference to the United Kingdom; and

(b) any reference to “Member State” or “Member States” included a reference to the United Kingdom.

(3) Any reference in these Regulations to “the requirements of the Directives” is to be construed as if the objectives of the Directives included the objectives referred to in regulation 16A(2).

(4) The appropriate authority may, after consultation with the appropriate nature conservation body and such other bodies or persons as it considers appropriate, issue guidance as to the interpretation of the requirements of the Directives.

(5) Any guidance issued under paragraph (4) must be published by the appropriate authority in such manner as it considers appropriate.

Plans or projects relating to offshore marine area or offshore marine installations

Nature conservation bodies

Relevant authorities in relation to marine areas and European marine sites

Competent authorities

European sites and European marine sites

Duties relating to compliance with the Directives

Reports

9A

(1) Within six years from exit day, and at least every six years thereafter, the appropriate authority must publish, in such form as it sees fit, a report on the implementation of the measures taken for the purpose of giving effect to the provisions of the Directives, and the achievement of the objectives set out in Article 2 of the Habitats Directive and Articles 2 and 3 of the new Wild Birds Directive.

(2) The report under paragraph (1) must include in particular—

(a) information concerning conservation measures taken under Article 6(1) of the Habitats Directive;

(b) information on provisions mentioned in Article 12 of the new Wild Birds Directive;

(c) an evaluation of the impact of those conservation measures on the conservation status of the natural habitat types listed in Annex I of the Habitats Directive, and of the species listed in Annex II of that Directive; and

(d) the main results of the surveillance undertaken under Part 4 of these Regulations.

(3) Within, two years from the later of the date of publication of the last of the reports to be published—

(a) under paragraph (1); or

(b) within the relevant six-year period under any corresponding requirement of the other retained transposing regulations.

the Secretary of State must, publish a composite report.

(4) A composite report published under paragraph (3) must—

(a) be in such form as the Secretary of State sees fit;

(b) include an appropriate evaluation of the progress achieved and, in particular, of the contribution of the national site network to the achievement of the objective of enabling the natural habitat types listed in Annex I to the Habitats Directive, and the species listed in Annex II to that Directive, to be maintained at or, where appropriate, restored to, a favourable conservation status in their natural range; and

Duties in relation to wild bird habitat

Review by appropriate nature conservation body

Duty to designate special areas of conservation

Priorities for designating special areas of conservation

Management objectives of the national site network

16A

(1) The appropriate authority must, in co-operation with any other authority having a corresponding responsibility, manage, and where necessary adapt, the national site network, so far as it consists of European sites, with a view to contributing to the achievement of the management objectives of the national site network.

(2) The management objectives of the national site network are—

(a) to maintain at, or where appropriate restore to, a favourable conservation status in their natural range (so far as it lies in the United Kingdom’s territory, and so far as is proportionate)—

(i) the natural habitat types listed in Annex I to the Habitats Directive;

(ii) the species listed in Annex II to that Directive whose natural range includes any part of the United Kingdom’s territory;

(b) to contribute, in their area of distribution, to ensuring the survival and reproduction of—

(i) the species of birds listed in Annex I to the new Wild Birds Directive which naturally occur in the United Kingdom’s territory;

(ii) regularly occurring migratory species of birds not listed in that Annex which naturally occur in the United Kingdom’s territory;

(c) to contribute, to securing compliance with the requirements of Article 2 of the new Wild Birds Directive for the purposes of the duty in regulation 9(1) in relation to the species of birds in paragraph (b) within their area of distribution.

(3) In complying with the obligation in paragraph (1), the appropriate authority must have regard—

(a) in relation to any European sites which are not of a kind mentioned in regulation 8(1)(d), to the considerations mentioned in paragraph (4);

(b) in relation to European sites of a kind mentioned in regulation 8(1)(d), to the considerations mentioned in paragraph (5).

(4) The considerations mentioned in paragraph (3)(a) are—

(a) the importance of the sites for meeting the objective in paragraph (2)(a);

(b) the importance of the sites for the coherence of national site network;

(c) the threats of degradation or destruction (including deterioration and disturbance of protected features) to which the sites are exposed.

(5) The considerations mentioned in paragraph (3)(b) are—

(a) the importance of the sites for meeting the objectives in paragraph 2(b) and (c);

(b) in the case of migratory species, the importance of their breeding, moulting and wintering areas and staging points along their migration routes;

(d) the threats of degradation or destruction (including deterioration and disturbance of protected features) to which the sites are exposed.

(6) In paragraph (2)(a), “proportionate” means proportionate to the relative importance of—

(a) the part of the natural range lying in the United Kingdom’s territory, and

(b) the part of the natural range lying outside the United Kingdom’s territory,

for achieving a favourable conservation status.

Transitional provisions: EU exit

141A

(1) Where before exit day a site in England or Wales has been adopted in accordance with the procedure set out in Article 4(2) of the Habitats Directive (list of sites of Community importance), the appropriate authority must designate that site as a special area of conservation as soon as possible and no later than six years from the date of adoption of that site.

(2) Paragraph (3) applies where a site in England or Wales——

(a) has before exit day been proposed, in a list of sites transmitted to the European Commission, as eligible for identification as of Community importance in accordance with the procedure laid out in Article 4(2) of the Habitats Directive (list of sites of Community importance); and

(b) has not yet been so identified as being of Community importance.

(3) Where this paragraph applies, the appropriate authority must within six years of exit day designate the site as a special area of conservation or give notice to the appropriate nature conservation body of its intention not to designate the site, and publish, in such form as it sees fit, its reasons for not designating it.

Review: England

Amendment of Schedules

143

(1) The appropriate authority may by regulations amend Schedule 2 or 5 for the purpose of adding any species listed in Annex IV(a) or (b) to the Habitats Directive where it is satisfied that the natural range of that species includes any area in Great Britain.

(2) The appropriate authority may by regulations make such other amendments as it considers necessary for adapting Schedules 2 to 5 to technical and scientific progress.

(3) Regulation 145 applies in relation to any amendment made under paragraph (1) or (2).

Amendment of the Annexes to the Directives

144

(1) Paragraph (2) applies for the purposes of the application of the Annexes so far as they are relevant to any reference in these Regulations to—

(a) the Directives;

(b) the Annexes; or

(2) The appropriate authorities may by regulations make such amendments to the Annexes as they consider necessary for the purpose of adapting them to technical and scientific progress.

(3) Regulation 145 applies in relation to any amendment made under paragraph (2).

(4) In this regulation, “the Annexes” means—

(a) Annexes I to IV to the Habitats Directive; and

(b) Annexes I to V to the new Wild Birds Directive.”.

Statutory instruments

145

(1) The power to make an amendment under regulation 143 (amendment of Schedules) or 144 (amendment of the Annexes to the Directives) is exercisable by statutory instrument.

(2) A statutory instrument made by the Secretary of State under regulation 143(2) amending Schedule 2, or under regulation 144 amending Annex IV to the Habitats Directive, may not be made unless a draft of the instrument has been laid before, and approved by resolution of each House of Parliament.

(3) A statutory instrument made by the Secretary of State in any other case is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) A statutory instrument made by the Welsh Ministers under regulation 143(2) amending Schedule 2, or under regulation 144 amending Annex IV to the Habitats Directive, may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.

(5) A statutory instrument made by the Welsh Ministers in any other case is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

SCHEDULE 4A — Prohibited Methods of Capturing or Killing Wild Animals

1

The prohibited means of capturing or killing mammals are—

(a) the use of blind or mutilated animals as live decoys;

(b) tape recorders;

(d) artificial light sources;

(e) mirrors and other dazzling devices;

(f) devices for illuminating targets;

(g) sighting devices for night shooting comprising an electronic image magnifier or image converter;

(h) explosives;

(i) nets which are non-selective according to their principle or their conditions of use;

(j) traps which are non-selective according to their principle or their conditions of use;

(k) crossbows;

(l) poisons and poisoned or anaesthetic bait;

(m) gassing or smoking out; and

(n) semi-automatic or automatic weapons with a magazine capable of holding more than two rounds of ammunition.

2

The prohibited methods of capturing or killing fish are—

(a) poison; and

(b) explosives.

3

The prohibited modes of transport are—

(a) aircraft; and

(b) moving motor vehicles.

Assumptions to be made about nutrient pollution standards: general

85A

(1) Paragraph (2) applies where—

(a) a competent authority makes a relevant decision,

(b) the potential development includes development in England,

(d) waste water from any potential development would be dealt with by a plant in England that, at the time of the decision, is—

(i) a nitrogen significant plant, or

(ii) a phosphorus significant plant, and

(e) the decision is made—

(i) where the plant is a non-catchment permitting area plant, before the upgrade date, or

(ii) where the plant is a catchment permitting area plant, before the applicable date.

(2) In making the relevant assessment, the competent authority must assume—

(a) in a case within paragraph (1)(d)(i) and (e)(i), that the plant will meet the nitrogen nutrient pollution standard on and after the upgrade date;

(b) in a case within paragraph (1)(d)(ii) and (e)(i), that the plant will meet the phosphorus nutrient pollution standard on and after the upgrade date;

(c) in a case within paragraph (1)(d)(i) and (e)(ii), that the plant will meet the nitrogen nutrient pollution standard on and after the applicable date;

(d) in a case within paragraph (1)(d)(ii) and (e)(ii), that the plant will meet the phosphorus nutrient pollution standard on and after the applicable date.

(3) Paragraph (2)—

(a) is subject to regulation 85C (direction that assumptions are not to apply), and

(b) does not prevent the competent authority, in making a relevant assessment, from having regard to outperformance, or expected outperformance, by a plant that is a non-catchment permitting area plant.

(4) In paragraph (1) “relevant decision” means—

(a) where any of the following provides that the assessment provisions apply in relation to doing a thing, the decision whether or not to do it—

(i) regulation 70 (grant of planning permission),

(ii) regulation 79 (special development orders),

(iii) regulation 80 (local development orders),

(iv) regulation 81 (neighbourhood development orders),

(v) regulation 82 (simplified planning zones), or

(vi) regulation 83 (enterprise zones), or

(b) where any of the following provides that the review provisions apply in relation to a matter, a decision under regulation 65(1)(b) on a review of the matter—

(i) regulation 71 (planning permission: duty to review),

(ii) regulation 79 (special development orders),

(iii) regulation 80 (local development orders),

(iv) regulation 81 (neighbourhood development orders),

(v) regulation 82 (simplified planning zones), or

(vi) regulation 83 (enterprise zones);

but this does not apply to a matter mentioned in regulation 71(4) (any review of which would be conducted in accordance with another Chapter).

(5) In paragraph (1) “potential development”, in relation to a relevant decision, means development—

(a) that could be carried out by virtue of the planning permission, development order or scheme to which the decision relates, or

(b) to which the decision otherwise relates.

(6) In this regulation “relevant assessment” means—

(a) where the assessment provisions apply and an appropriate assessment of the implications of the plan or project for a site is required by regulation 63(1), that assessment;

(b) where the review provisions apply and an appropriate assessment is required by regulation 65(2), that assessment.

Assumptions to be made about nutrient pollution standards: general development orders

85B

(1) This regulation applies where—

(a) a local planning authority (within the meaning given by regulation 78(1)) makes a decision on an application under regulation 77 (general development orders: approval of local planning authority) for approval as mentioned in regulation 75 relating to proposed development in England,

(b) the authority is required by regulation 77(6) to make an appropriate assessment of the implications of the proposed development,

(c) any waste water from the proposed development would be dealt with by a plant in England that, at the time of the decision, is—

(i) a nitrogen significant plant, or

(ii) a phosphorus significant plant, and

(d) the decision is made—

(i) where the plant is a non-catchment permitting area plant, before the upgrade date, or

(ii) where the plant is a catchment permitting area plant, before the applicable date.

(2) In making the relevant assessment the local planning authority must assume—

(a) in a case within paragraph (1)(c)(i) and (d)(i), that the plant will meet the nitrogen nutrient pollution standard on and after the upgrade date;

(b) in a case within paragraph (1)(c)(ii) and (d)(i), that the plant will meet the phosphorus nutrient pollution standard on and after the upgrade date;

(c) in a case within paragraph (1)(c)(i) and (d)(ii), that the plant will meet the nitrogen nutrient pollution standard on and after the applicable date;

(d) in a case within paragraph (1)(c)(ii) and (d)(ii), that the plant will meet the phosphorus nutrient pollution standard on and after the applicable date.

(3) Paragraph (2)—

(a) is subject to regulation 85C (direction that assumptions are not to apply), and

(b) does not prevent the local planning authority, in making a relevant assessment, from having regard to any outperformance, or expected outperformance, by a plant that is a non-catchment permitting area plant.

Direction that assumptions are not to apply

85C

(1) The assumptions in regulations 85A(2) and 85B(2) do not apply in relation to a particular plant and a particular nutrient pollution standard if the Secretary of State so directs.

(2) A direction under this regulation may be made in relation to a plant and a standard only if the Secretary of State is satisfied—

(a) where the plant is a non-catchment permitting area plant, that the plant will not be able to meet the standard by the upgrade date;

(b) where the plant is a catchment permitting area plant—

(i) that the plant will not be able to meet the standard by the applicable date, or

(ii) that the first effect described in paragraph (4) will, on the applicable date, be more significant than the second effect described in that paragraph.

(3) The Secretary of State may revoke a direction under this regulation if satisfied—

(a) where the plant is a non-catchment permitting area plant, that the plant will meet the standard by the upgrade date;

(b) where the plant is a catchment permitting area plant—

(i) that the plant will meet the standard by the applicable date, or

(ii) that the first effect described in paragraph (4) will, on the applicable date, be the same or less significant than the second effect described in that paragraph.

(4) For the purposes of paragraphs (2)(b) and (3)(b)—

(a) the “first effect” is the overall effect on the habitats site associated with the catchment permitting area of nutrients in treated effluent discharged by all plants that discharge into the area;

(b) the “second effect” is the overall effect on the site of nutrients in treated effluent that would be discharged by all plants that discharge into the area if—

(i) the upgrade date that applied to nutrient significant plants that discharge into the area was the same as the applicable date,

(ii) the standard concentration (of nutrients) applied to those nutrient significant plants, and

(iii) those nutrient significant plants were (on that basis) meeting the nutrient pollution standard on the applicable date.

(5) In deciding whether to make a direction under this regulation in relation to a plant and a standard, the Secretary of State may, in particular, have regard—

(a) where the plant is a non-catchment permitting area plant, to when the plant can be expected to meet the standard;

(b) where the plant is a catchment permitting area plant, to when—

(i) the plant can be expected to meet the standard, and

(ii) the sewerage undertaker for the plant can be expected to be in compliance with conditions in the environmental permit for the plant imposed in pursuance of section 96G(3)(b) of the Water Industry Act 1991.

(6) Before making or revoking a direction under this regulation, the Secretary of State must consult—

(a) the Environment Agency,

(b) Natural England,

(d) any local planning authority who it appears to the Secretary of State would be affected by the direction or revocation,

(e) the sewerage undertaker whose sewerage system includes the plant, and

(f) any other persons that the Secretary of State considers appropriate.

(7) A direction or revocation under this regulation—

(a) is to be made in writing, and

(b) takes effect—

(i) on the day specified in the direction or revocation, or

(ii) if none is specified, on the day on which it is made.

(8) As soon as practicable after making or revoking a direction under this regulation, the Secretary of State must—

(a) notify—

(i) the Environment Agency,

(ii) Natural England,

(iii) every local planning authority who appears to the Secretary of State to be affected by the direction or revocation, and

(iv) any other persons that the Secretary of State considers appropriate, and

(b) publish the direction or revocation.

Regulations 85A to 85C: interpretation

85D

(1) In regulations 85A to 85C and this regulation, the following terms have the meanings given by section 96L of the Water Industry Act 1991—

“catchment permitting area”;

“environmental permit”;

“habitats site”;

“nitrogen significant plant”;

“nitrogen nutrient pollution standard”;

“nutrient pollution standard”;

“nutrient significant plant”;

“phosphorus significant plant”;

“phosphorus nutrient pollution standard”;

“plant”;

“sensitive catchment area”;

“sewerage system”, in relation to a sewerage undertaker;

“standard concentration”;

“treated effluent”;

“upgrade date”.

(2) In regulations 85A to 85C and this regulation—

“catchment permitting area plant” means a nutrient significant plant that discharges (or will discharge) treated effluent into a catchment permitting area;

“non-catchment permitting area plant” means a nutrient significant plant that discharges (or will discharge) treated effluent into a sensitive catchment area other than a catchment permitting area.

(3) For the purposes of regulations 85A and 85B, “outperformance” by a plant, which is a non-catchment permitting area plant and in relation to a nutrient pollution standard, occurs where—

(a) the plant meets the standard before the upgrade date, or

(b) the total nitrogen concentration (in the case of a nitrogen significant plant), or total phosphorus concentration (in the case of a phosphorus significant plant), in treated effluent that it discharges is less than the concentration specified in section 96F(1)(a)(i) or (2)(a)(i), under section 96C(4)(e) or 96D(5) or by virtue of regulations made under section 96D(11) (as the case may be) of the Water Industry Act 1991 that applies to the plant.

(4) For the purposes of regulations 85A and 85B, the “applicable date”, in relation to a catchment permitting area, is to be determined in accordance with section 96G(6)(a) of the Water Industry Act 1991.

(5) For the purposes of regulation 85C(4)—

(a) a habitats site is “associated” with a catchment permitting area if water released into the area would drain into the site;

(b) “nutrients”—

(i) in relation to an area designated under section 96C(1) of the Water Industry Act 1991, means nutrients comprising nitrogen or compounds of nitrogen;

(ii) in relation to an area designated under section 96C(2) of that Act, means nutrients comprising phosphorus or compounds of phosphorus.

Assessments under this Chapter: required assumptions

110A

(1) This regulation applies where—

(a) a plan-making authority makes a relevant decision in relation to a land use plan relating to an area in England,

(b) the authority is required to make a relevant assessment before the decision is made,

(c) waste water from the area to which the plan relates could be dealt with by a plant in England that, at the time of the decision, is—

(i) a nitrogen significant plant, or

(ii) a phosphorus significant plant, and

(d) the decision is made—

(i) where the plant is a non-catchment permitting area plant, before the upgrade date, or

(ii) where the plant is a catchment permitting area plant, before the applicable date.

(2) In making the relevant assessment, the authority must assume—

(a) in a case within paragraph (1)(c)(i) and (d)(i), that the plant will meet the nitrogen nutrient pollution standard on and after the upgrade date;

(b) in a case within paragraph (1)(c)(ii) and (d)(i), that the plant will meet the phosphorus nutrient pollution standard on and after the upgrade date;

(c) in a case within paragraph (1)(c)(i) and (d)(ii), that the plant will meet the nitrogen nutrient pollution standard on and after the applicable date;

(d) in a case within paragraph (1)(c)(ii) and (d)(ii), that the plant will meet the phosphorus nutrient pollution standard on and after the applicable date.

(3) Paragraph (2)—

(a) is subject to regulation 110B (direction that assumptions are not to apply), and

(b) does not prevent the authority, in making a relevant assessment, from having regard to any outperformance, or expected outperformance, by a plant that is a non-catchment permitting area plant.

(4) In paragraph (1) “relevant decision” means—

(a) a decision whether to give effect to a land use plan, or

(b) a decision whether to modify or revoke a neighbourhood development plan.

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