The Conservation (Natural Habitats, &c.) Regulations 1994

[F1 European sites E+W+S

Textual Amendments

F1 Regulations revoked (E.W.) (1.4.2010 except so far as relating to the revocation in relation to W. of reg. 36 and specified words in reg. 3(3), 12.12.2014 in so far as not already in force) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2)(4)(b), 133(3) (with regs. 125, 134)

Selection of sites eligible for identification as of Community importance E+W+S

7.— (1) On the basis of the criteria set out in Annex III (Stage 1) to the Habitats Directive, and relevant scientific information, the Secretary of State shall propose a list of sites indicating with respect to each site–

(a) which natural habitat types in Annex I to the Directive the site hosts, and

(b) which species in Annex II to the Directive that are native to Great Britain the site hosts.

(2) For animal species ranging over wide areas these sites shall correspond to the places within the natural range of such species which present the physical or biological factors essential to their life and reproduction.

For aquatic species which range over wide areas, such sites shall be proposed only where there is a clearly identifiable area representing the physical and biological factors essential to their life and reproduction.

(3) Where appropriate the Secretary of State may propose modification of the list in the light of the results of the surveillance referred to in Article 11 of the Habitats Directive.

(4) The list shall be transmitted to the Commission on or before 5th June 1995, together with information on each site including–

(a) a map of the site,

(b) its name, location and extent, and

(c) the data resulting from application of the criteria specified in Annex III (Stage 1),

provided in a format established by the Commission.

Commencement Information

I1 Reg. 7 in force at 30.10.1994, see reg. 1(2)

Adoption of list of sites: designation of special areas of conservation E+W+S

8.— (1) Once a site of Community importance in Great Britain has been adopted in accordance with the procedure laid down in paragraph 2 of Article 4 of the Habitats Directive, the Secretary of State shall designate that site as a special area of conservation as soon as possible and within six years at most.

(2) The Secretary of State shall establish priorities for the designation of sites in the light of–

(a) the importance of the sites for the maintenance or restoration at a favourable conservation status of–

(i) a natural habitat type in Annex I to the Habitats Directive, or

(ii) a species in Annex II to the Directive,

and for the coherence of Natura 2000; and

(b) the threats of degradation or destruction to which those sites are exposed.

Commencement Information

I2 Reg. 8 in force at 30.10.1994, see reg. 1(2)

Consultation as to inclusion of site omitted from the list E+W+S

9.   If consultation is initiated by the Commission in accordance with Article 5(1) of the Habitats Directive with respect to a site in Great Britain hosting a priority natural habitat type or priority species and–

(a) the Secretary of State agrees that the site should be added to the list transmitted in accordance with regulation 7, or

(b) the Council, acting on a proposal from the Commission in pursuance of paragraph 2 of Article 5 of the Habitats Directive, so decides,

the site shall be treated as added to the list as from the date of that agreement or decision.

Commencement Information

I3 Reg. 9 in force at 30.10.1994, see reg. 1(2)

[F2 Special protection area: classification of sites S

9A.— (1) The Scottish Ministers must classify as special protection areas such sites (including sites in the Scottish inshore region) as they consider necessary to ensure that the objective specified in paragraph (2) is attained.

(2) The objective referred to in paragraph (1) is that those sites across the United Kingdom’s territory which are most suitable in number and size for—

(a) the conservation of species listed in Annex 1 to the Wild Birds Directive which naturally occur in that territory, and

(b) the conservation of naturally occurring migratory species of birds not listed in Annex 1 which naturally occur in that territory,

are classified as special protection areas, in so far as they consist of sites in Scotland.

(3) The Scottish Ministers must make their decision as to the sites to be classified under paragraph (1) only on the basis of relevant scientific information and—

(a) in the case of a site to be classified for the purpose mentioned in paragraph (2)(a), on the basis of criteria set out in Article 4(1) of the Wild Birds Directive, and

(b) in the case of a site to be classified for the purpose mentioned in paragraph (2)(b), on the basis of criteria set out in Article 4(2) of that Directive.

(4) In this regulation—

(a) a reference to a provision of the Wild Birds Directive is to be construed as a reference to that provision as amended from time to time, and

(b) “Scottish inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Scotland.]

Textual Amendments

F2 Regs. 9A-9C inserted (6.4.2011) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2011 (S.S.I. 2011/155), regs. 1(1), 4

[F2 Special protection area: notification of proposal S

9B.— (1) The Scottish Ministers must if they propose to classify a site as a special protection area give to the appropriate nature conservation body—

(a) notice of that proposal, and

(b) an accompanying statement of the reasons for that proposal.

(2) The appropriate nature conservation body must on being given notice of a proposal, provide a copy of the proposal and the accompanying statement—

(a) to such persons as the Scottish Ministers may direct, and

(b) where, in their opinion, it is appropriate to do so to—

(i) any other person (including owners or occupiers of land or premises), and

(ii) every competent authority which exercises functions in relation to the site, or in relation to an area adjacent to the site.

(3) The appropriate nature conservation body must when they provide a copy of a proposal and accompanying document to any such person or authority specify the period of not less than 12 weeks (the “consultation period”) during which representations may be made to them with respect to the proposal by that person or authority.

(4) The appropriate nature conservation body must as soon as reasonably practicable after expiry of the consultation period provide to the Scottish Ministers a report (the “consultation report”)—

(a) describing any representations made in that period, or

(b) stating that no representations have been made.

(5) The Scottish Ministers must consider the consultation report when determining whether to classify a site as a special protection area.

(6) The Scottish Ministers may—

(a) give guidance to the appropriate nature conservation body for the purpose of the exercise by them of functions under this regulation, and

(b) vary or revoke a direction under paragraph (2)(a).

(7) The appropriate nature conservation body must have regard to any guidance under paragraph (6)(a) in discharging a function referred to in that paragraph.]

Textual Amendments

F2 Regs. 9A-9C inserted (6.4.2011) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2011 (S.S.I. 2011/155), regs. 1(1), 4

[F2 Special protection area: hearing and representations in respect of a proposal S

9C.— (1) The Scottish Ministers may give any person the opportunity of—

(a) making written representations to, or

(b) being heard by,

a person appointed by them for the purpose of deciding whether to classify a site as a special protection area.

(2) Any person being heard by the appointed person may—

(a) be represented by another person,

(b) call persons to give evidence,

(c) make written representations before or at the hearing,

(d) put questions to any person who gives evidence at the hearing, including any person who gives expert evidence.

(3) The Scottish Ministers must have regard to the report of an appointed person when deciding whether to so classify a site.]

Textual Amendments

F2 Regs. 9A-9C inserted (6.4.2011) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2011 (S.S.I. 2011/155), regs. 1(1), 4

Meaning of “European site” in these Regulations E+W+S

10.— (1) In these Regulations a “European site” means–

(a) a special area of conservation,

(b) a site of Community importance which has been placed on the list referred to in the third sub–paragraph of Article 4(2) of the Habitats Directive,

(c) a site hosting a priority natural habitat type or priority species in respect of which consultation has been initiated under Article 5(1) of the Habitats Directive, during the consultation period or pending a decision of the Council under Article 5(3), F3 ...

(d) an area classified pursuant to [F4 Article 4(1) or (2) of Council Directive 1979/409/EEC on the conservation of wild birds or] Article 4(1) or (2) of the Wild Birds Directive [F5 , or

(e) a site F6 ... included in a list of sites proposed under regulation 7(1).]

(2) Sites which are European sites by virtue only of paragraph (1)(c) are not within [F7 regulation] 48 (which [F8 relates] to the approval of certain plans and projects); but this is without prejudice to their protection under other provisions of these Regulations.]

Textual Amendments

F3 Word in reg. 10(1)(c) omitted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 6(a) (with regs. 20, 21)

F4 Words in reg. 10(1)(d) inserted (14.9.2015) by The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/249), regs. 1, 2(2)

F5 Reg. 10(1)(e) and word inserted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 6(b) (with regs. 20, 21)

F6 Words in reg. 10(1)(e) omitted (S.) (15.2.2007) by virtue of The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), regs. 2, 8

F7 Word in reg. 10(2) substituted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 6(c)(i) (with regs. 20, 21)

F8 Word in reg. 10(2) substituted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 6(c)(ii) (with regs. 20, 21)

Commencement Information

I4 Reg. 10 in force at 30.10.1994, see reg. 1(2)