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

Restriction on carrying out operations specified in notification E+W

19.—(1) The owner or occupier of any land within a European site shall not carry out, or cause or permit to be carried out, on that land any operation specified in a notification in force in relation to the site under regulation 18, unless–

(a) one of them has given the appropriate nature conservation body written notice of a proposal to carry out the operation, specifying its nature and the land on which it is proposed to carry it out, and

(b) one of the conditions specified in paragraph (2) is fulfilled.

(2) Those conditions are–

(a) that the operation is carried out with the written consent of the appropriate nature conservation body;

(b) that the operation is carried out in accordance with the terms of a management agreement;

(c) that four months have expired from the giving of the notice under paragraph (1)(a).

(3) A person who, without reasonable excuse, contravenes paragraph (1) commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4) For the purposes of paragraph (3) it is a reasonable excuse for a person to carry out an operation–

(a) that the operation was an emergency operation particulars of which (including details of the emergency) were notified to the appropriate nature conservation body as soon as practicable after the commencement of the operation; or

(b) that the operation was authorised by a planning permission granted on an application under Part III of the Town and Country Planning Act 1990(1) or Part III of the Town and Country Planning (Scotland) Act 1972(2).

(5) The appropriate nature conservation body has power to enforce this regulation; but nothing in this paragraph shall be construed as authorising the institution of proceedings in Scotland for an offence.

(6) Proceedings in England and Wales for an offence under this regulation shall not, without the consent of the Director of Public Prosecutions, be taken by a person other than the appropriate nature conservation body.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Commencement Information

I1 Reg. 19 in force at 30.10.1994, see reg. 1(2)

[F2 Application of Chapters 2, 3 and 4 of Part 2 of the 2004 Act S

19.— (1) Subject to paragraph (2) and regulations 20 to 22, the following provisions of Part 2 of the 2004 Act apply, for the purposes of these Regulations, in relation to European sites–

(a) Chapter 2 (nature conservation orders) and schedule 2 (nature conservation orders and related orders: procedure);

(b) Chapter 3 (land management orders) and schedule 3 (land management orders and related orders: procedure); and

(c) in Chapter 4–

(i) section 39 (acquisition of land by SNH);

(ii) section 40 (restoration orders);

(iii) section 41 (signs, etc.);

(iv) section 43 (powers of investigation etc.: police);

(v) section 44 (powers of entry: authorised persons) and schedule 4 (powers of entry of authorised persons: further provision); and

(vi) section 46 (offences: penalties and time limits);

(2) For the purposes of these Regulations, any reference in the provisions referred to in paragraph (1)(a) to (c)–

(a) to a “natural feature” shall be construed as if it was a reference to a “natural feature” within the meaning of regulation 2 of these Regulations;

(b) to a “site of special scientific interest” shall be construed as if it was a reference to a European site;

(c) to the 2004 Act or any Part thereof, shall be construed as if it was a reference to these Regulations;

(d) to a term defined in the 2004 Act shall, unless the context otherwise requires, bear the same meaning as in that Act.]

Textual Amendments

F2 Regs. 18-22 substituted (S.) for regs. 18-22 and cross-headings (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20, 21)

(1)

1990 c. 8.

(2)

1972 c. 52.