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Introductory Text
PART 1 INTRODUCTORY AND GENERAL PROVISIONS
1.Citation and commencement
2.Extent
3.Interpretation
4.Plans or projects relating to offshore marine area or offshore marine installations
5.Nature conservation bodies
6.Relevant authorities in relation to marine areas and European marine sites
7.Competent authorities
8.European sites and European marine sites
9.Exercise of functions in accordance with the Habitats Directive
PART 2 CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES
European sites
10.Selection of sites eligible for identification as of Community importance
11.Designation of special areas of conservation
12.Consultation as to inclusion of site omitted from the list
Register of European sites
13.Register of European sites
14.Notification of changes to the register
15.Notice to landowners and other bodies
Management agreements
16.Management agreements
17.Existing agreements
18.Certain payments under management agreements
Control of potentially damaging operations
19.Notification of potentially damaging operations
20.Restriction on carrying out operations specified in notification
21.Assessment of implications for European sites
22.Notification of appropriate authority in case of risk
23.Existing notices and consents
24.Farm capital grants
Special nature conservation orders
25.Power to make special nature conservation order
26.Restriction on carrying out operations specified in order
27.Assessment of implications for European sites after service of stop notice
28.Compensation for effect of stop notice
29.Restoration orders
Byelaws
30.Power to make byelaws
31.Byelaws: supplementary provisions
32.Compensation for effect of byelaws
33.Continuation in force of existing byelaws
Powers of compulsory acquisition
34.Powers of compulsory acquisition
European marine sites
35.Marking of site and advice by nature conservation bodies
36.Management scheme for European marine site
37.Direction to establish or amend management scheme
38.European marine sites: byelaws and orders
Nature conservation policy in planning contexts
39.Nature conservation policy in planning contexts
PART 3 PROTECTION OF SPECIES
Protection of animals
40.European protected species of animals
41.Protection of certain wild animals: offences
42.Protection of certain wild animals: defences
43.Prohibition of certain methods of capturing or killing wild animals
Protection of plants
44.European protected species of plants
45.Protection of certain wild plants: offences
46.Protection of certain wild plants: defences
Interpretation of Part 3
47.Interpretation of Part 3
PART 4 ADDITIONAL PROTECTION OF HABITATS AND WILD ANIMALS AND PLANTS
Surveillance and monitoring
48.Surveillance of conservation status of habitats and species
49.Protection of certain animals and plants from exploitation
50.Monitoring of incidental capture and killing
51.Protection from incidental capture and killing
Introduction of new species
52.Introduction of new species from ships
PART 5 LICENCES
Grant of licences
53.Licences for certain activities relating to animals or plants
54.Licences for the introduction of new species
55.Licences: general provisions
Relevant licensing body
56.Relevant licensing body
Offences
57.False statements made for obtaining licence
58.Offence of breaching licence condition
PART 6 ASSESSMENT OF PLANS AND PROJECTS
CHAPTER 1 GENERAL PROVISIONS
Introductory provisions
59.Interpretation of Part 6
60.Application of provisions of Chapter 1
General provisions for protection of European sites and European offshore marine sites
61.Assessment of implications for European sites and European offshore marine sites
62.Considerations of overriding public interest
63.Review of existing decisions and consents
64.Consideration on review
65.Co-ordination where more than one competent authority involved
66.Compensatory measures
67.Modifications of regulations 61 to 66 in certain cases
CHAPTER 2 PLANNING
Planning permission
68.Grant of planning permission
69.Planning permission: duty to review
70.Planning permission: consideration on review
71.Planning permission: effect of orders made on review
72.Planning permission: supplementary provisions as to compensation
General development orders
73.General development orders
74.General development orders: opinion of appropriate nature conservation body
75.General development orders: approval of local planning authority
76.General development orders: supplementary
Special development orders
77.Special development orders
Local development orders
78.Local development orders
Simplified planning zones and enterprise zones
79.Simplified planning zones
80.Enterprise zones
Development consent under Planning Act 2008
81.Grant of development consent
82.Development consent: review
Interpretation of Chapter 2
83.Interpretation of Chapter 2
CHAPTER 3 HIGHWAYS AND ROADS
84.Construction or improvement of highways or roads
85.Cycle tracks and other ancillary works
CHAPTER 4 ELECTRICITY
86.Consents under Electricity Act 1989: application of assessment and review provisions
87.Consents under Electricity Act 1989: procedure on review
88.Consents under Electricity Act 1989: effect of review
89.Consents under Electricity Act 1989: compensation
CHAPTER 5 PIPE-LINES
90.Authorisations under Pipe-lines Act 1962: application of assessment and review provisions
91.Authorisations under Pipe-lines Act 1962: procedure on review
92.Authorisations under Pipe-lines Act 1962: effect of review
93.Authorisations under Pipe-lines Act 1962: compensation
CHAPTER 6 TRANSPORT AND WORKS
94.Orders under Transport and Works Act 1992: application of assessment and review provisions
95.Orders under Transport and Works Act 1992: procedure on review
96.Orders under Transport and Works Act 1992: effect of review
97.Orders under Transport and Works Act 1992: compensation
CHAPTER 7 ENVIRONMENTAL CONTROLS
98.Environmental permits
99.Abstraction and works authorised under water legislation
100.Marine works
101.Derogations in relation to nitrate pollution prevention legislation
CHAPTER 8 LAND USE PLANS
Land use plans
102.Assessment of implications for European sites and European offshore marine sites
103.Considerations of overriding public interest
104.Co-ordination for land use plan prepared by more than one authority
105.Compensatory measures
Planning Act 2008
106.National policy statements
Interpretation of Chapter 8
107.Interpretation of Chapter 8
PART 7 ENFORCEMENT
Wildlife inspectors
108.Wildlife inspectors
Powers of entry
109.Powers of entry: constables
110.Powers of entry: wildlife inspectors
111.Powers of entry: other authorised persons
Powers of search, etc.
112.Constables’ powers of search, etc.
Powers in relation to specimens and samples
113.Powers in relation to samples: constables
114.Powers in relation to specimens and samples: wildlife inspectors
115.Restrictions on taking samples from live specimens
116.Attempts and possession of means of committing offence
117.Obstruction of persons exercising powers of entry under regulation 111
118.Obstruction in connection with constables’ powers to take samples
119.Offences in connection with wildlife inspectors’ enforcement powers
Codes of practice
120.Codes of practice
Miscellaneous
121.Advice and assistance from nature conservation bodies
122.Forfeiture
123.Proceedings for offences: venue and time limits
124.Offences by bodies corporate etc.
125.Application of criminal offences to the Crown
Interpretation of Part 7
126.Interpretation of Part 7
PART 8 FINAL PROVISIONS
127.Powers of drainage authorities
128.Advisory role of the Joint Nature Conservation Committee
129.Advisory role of Natural England, the Countryside Council for Wales and Scottish Natural Heritage
130.Local inquiries
131.Notices
132.Amendments of legislation
133.Revocations
134.Transitional provisions
Signature
SCHEDULE 1
SPECIAL NATURE CONSERVATION ORDERS: PROCEDURE
Coming into operation
1.(1) An original order or a restrictive amending order takes...
Publicity for orders
2.(1) The appropriate authority must, where an order has been...
Unopposed orders
3.(1) Where an order has taken effect immediately and no...
Opposed orders
4.(1) If any representation or objection duly made with respect...
Restriction on power to amend orders or confirm them with modifications
5.The appropriate authority may not, by virtue of paragraph 3(1)...
Notice of final decision on order
6.(1) The appropriate authority must, as soon as practicable after...
Proceedings for questioning validity of orders
7.(1) This paragraph applies to any order which has taken...
Interpretation
8.In this Schedule— “amending order” and “revoking order” mean an...
SCHEDULE 2
EUROPEAN PROTECTED SPECIES OF ANIMALS
SCHEDULE 3
EXCLUDED POPULATIONS OF CERTAIN SPECIES
SCHEDULE 4
ANIMALS WHICH MAY NOT BE CAPTURED OR KILLED IN CERTAIN WAYS
SCHEDULE 5
EUROPEAN PROTECTED SPECIES OF PLANTS
SCHEDULE 6
AMENDMENTS OF LEGISLATION
PART 1 PRIMARY LEGISLATION
1.Amendment of the Harbours Act 1964
2.Amendment of the Conservation of Seals Act 1970
3.Amendment of the Highways Act 1980
4.Amendment of the Constitutional Reform Act 2005
5.Amendment of the Marine Act
PART 2 SUBORDINATE LEGISLATION
6.Amendment of the 1994 Regulations
7.Amendment of the 2007 Regulations
SCHEDULE 7
REVOCATIONS
PART 1 REVOCATIONS
PART 2 REVOCATIONS NOT EXTENDING TO SCOTLAND
Explanatory Note