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

Provision as to existing notices and consents E+W

21.—(1) Any notice or consent previously given under section 28(5)(a) or (6)(a) of the Wildlife and Countryside Act 1981 in relation to land which on or after the commencement of these Regulations becomes land within a European site shall have effect, subject as follows, as if given under regulation 19(1)(a) or (2)(a) above.

(2) The appropriate nature conservation body shall review any such consent as regards its compatibility with the conservation objectives of the site, and may modify or withdraw it.

(3) Notice of any such modification or withdrawal of consent shall be given to every owner and occupier of land within the site who in the opinion of the appropriate nature conservation body may be affected by it; and the modification or withdrawal shall come into force in relation to an owner or occupier upon such notice being given to him.

(4) The modification or withdrawal of a consent shall not affect anything done in reliance on the consent before the modification or withdrawal takes effect.

(5) Where or to the extent that an operation ceases to be covered by a consent by reason of the consent being modified or withdrawn, the period after which in accordance with regulation 19(2)(c) the operation may be carried out in the absence of consent shall be four months from the giving of notice of the modification or withdrawal under paragraph (3) above.

(6) Regulation 20(4) and (5) (provisions as to notification of Secretary of State) apply in such a case, with the following modifications–

(a) for the reference to consent not having been given substitute a reference to consent being modified or withdrawn;

(b) for the reference to the period specified in regulation 19(2)(c) substitute a reference to the period specified in paragraph (5) above.

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. 21 in force at 30.10.1994, see reg. 1(2)

[F2 Chapter 3 of Part 2 of the 2004 Act S

21.   The provisions of Chapter 3 of Part 2 of the 2004 Act apply for the purposes of these Regulations as if–

(a) any reference to a “management agreement” included a reference to a management agreement entered into under regulation 16 of these Regulations;

(b) in section 29(2)(b) (proposals for land management orders) for “specified in an SSSI notification” there was substituted “ by reason of which land is a European site ”;

(c) in section 36(3)(a) (offences in relation to land management orders) the reference to “£40,000” was a reference to “level 5 on the standard scale”.]

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)