Search Legislation

The Environmental Damage (Prevention and Remediation) (England) Regulations 2015

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the The Environmental Damage (Prevention and Remediation) (England) Regulations 2015, SCHEDULE 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Regulation 4(2)

SCHEDULE 1U.K.Damage to Protected Species, Natural Habitats and Sites of Special Scientific Interest

This schedule has no associated Explanatory Memorandum

Damage to a protected species or natural habitatU.K.

1.  In the case of a protected species or natural habitat (other than damage to a site of special scientific interest, to which paragraph 4 applies) the damage must be such that it has a significant adverse effect on reaching or maintaining the favourable conservation status of the protected species or natural habitat, taking into account—

(a)the conservation status at the time of the damage;

(b)the services provided by the amenities they produce;

(c)their capacity for natural regeneration;

(d)the number of individuals, their density or the area covered;

(e)the role of the particular individuals or of the damaged area in relation to the species or to the habitat conservation and the rarity of the species or habitat assessed at the relevant level, whether local, regional [F1, national or in their natural range];

(f)the capacity of the species for propagation, its viability, or the capacity of the habitat for natural regeneration; and

(g)the capacity of the species or habitat, within a short time of the damage being caused, to recover to a condition that leads to its state at the time of the damage or better without any intervention other than increased protection measures.

Conservation status of natural habitatsU.K.

2.—(1) A habitat's conservation status is the sum of the influences acting on that habitat and its typical species that may affect its long-term natural distribution, structure and functions as well as the long-term survival of its typical species.

(2) The conservation status of a habitat is favourable if—

(a)the natural range and areas covered within that natural range are stable or increasing;

(b)the specific structure and functions which are necessary for the long-term maintenance of the natural habitat exist and are likely to continue to exist for the foreseeable future; and

(c)the conservation status of its typical species is favourable.

Conservation status of speciesU.K.

3.—(1) The conservation status of a species is the sum of the influences acting on the species concerned that may affect the long-term distribution and abundance of its populations.

(2) The conservation status is favourable if—

(a)the population dynamics data on the species indicate that it is maintaining itself on a long-term basis as a viable component of its natural habitat;

(b)the natural range of the species is neither being reduced nor is likely to be reduced for the foreseeable future; and

(c)there is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long-term basis.

Sites of special scientific interestU.K.

4.—(1) In the case of a site of special scientific interest, the damage must be to—

(a)the species or habitats notified under section 28 of the Wildlife and Countryside Act 1981; or

(b)a protected species or natural habitat.

(2) The damage must have an adverse effect on the integrity of the site (that is, the coherence of its ecological structure and function, across its whole area, that enables it to sustain the habitat, complex of habitats or the levels of populations of the species affected).

Express authorisationU.K.

[F25.(1) Damage to a protected site or natural habitat and damage to a site of special scientific interest do not include damage caused by an act expressly authorised by the relevant authorities in accordance with—

(a)the Conservation (Natural Habitats, &c.) Regulations 1994;

(b)the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001;

(c)the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007;

(d)the Conservation of Habitats and Species Regulations 2010;

(e)the Conservation of Habitats and Species Regulations 2017;

(f)the Conservation of Offshore Marine Habitats and Species Regulations 2017.

(2) Damage to sites of special scientific interest does not include, in the case of a site that is not a European site, damage caused by an act expressly authorised by the relevant authorities in accordance with Part 2 of the Wildlife and Countryside Act 1981.

(3) In sub-paragraph (2), “European site” has the same meaning as in regulation 8 of [F3the Conservation of Habitats and Species Regulations 2017].]

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources