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

1. Introductory Text

2. PART I INTRODUCTORY PROVISIONS

   1. 1. Citation and commencement

   2. 2. Interpretation and application

   3. 2A. Interpretation: the Directives

   4. 3. Duties relating to compliance with the Directives

   5. 3ZA. Reports

   6. 3A. Duties in relation to wild bird habitat

   7. 3B. Review and guidance

   8. 4. Nature conservation bodies

   9. 5. Relevant authorities in relation to marine areas and European marine sites

   10. 6. Competent authorities generally

3. PART II CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES

   1. European sites

      1. 7. Duty to designate special areas of conservation

      2. 8. Priorities for designating special areas of conservation

      3. 9. Consultation as to inclusion of site omitted from the list

      4. 9A. Special protection area: classification of sites

      5. 9B. Special protection area: notification of proposal

      6. 9C. Special protection area: hearing and representations in respect of a proposal

      7. 9D. Management objectives of the UK site network

      8. 10. Meaning of “European site” in these Regulations

   2. Register of European sites

      1. 11. Duty to compile and maintain register of European sites

      2. 12. Notification to appropriate nature conservation body

      3. 13. Notice to landowners, relevant authorities, &c.

      4. 14. Local registration: England and Wales

      5. 15. Local registers: Scotland

   3. Management agreements

      1. 16. Management agreements

      2. 17. Continuation in force of existing agreement, &c.

   4. Control of potentially damaging operations

      1. 18. Notification of potentially damaging operations

      2. 19. Application of Chapters 2, 3 and 4 of Part 2 of the 2004 Act

      3. 20. Chapter 2 of Part 2 of the 2004 Act

      4. 21. Chapter 3 of Part 2 of the 2004 Act

   5. Special nature conservation orders

      1. 22. Chapter 4 of Part 2 of the 2004 Act

      2. 23. Restriction on carrying out operations specified in order

      3. 24. Supplementary provisions as to consents

      4. 25. Compensation for effect of notice

      5. 26. Restoration where order contravened

      6. 27. Continuation in force of existing orders, &c.

      7. 27A. Interpretation

   6. Byelaws

      1. 28. Power to make byelaws

      2. 29. Byelaws: limitation on effect

      3. 30. Compensation for effect of byelaws

      4. 31. Continuation in force of existing byelaws

   7. Powers of compulsory acquisition

      1. 32. Powers of compulsory acquisition

   8. Special provisions as to European marine sites

      1. 33. Marking of site and advice by nature conservation bodies

      2. 34. Management scheme for European marine site

      3. 35. Direction to establish or amend management scheme

      4. 36. Byelaws for protection of European marine site

   9. Miscellaneous

      1. 37. Nature conservation policy in planning contexts

      2. 37A. Surveillance of conservation status of habitats and species

      3. 37B. Protection of certain animals and plants from exploitation

      4. 37C. Introduction of new species from ships

      5. 37D. Licensing the introduction of new species

      6. 37E. False statements made for obtaining a licence under regulation 37D

4. PART III PROTECTION OF SPECIES

   1. Protection of animals

      1. 38. European protected species of animals

      2. 39. Protection of wild animals of European protected species

      3. 40. Exceptions from regulation 39

      4. 41. Prohibition of certain methods of taking or killing wild animals

      5. 41A. Monitoring incidental capture and killing

      6. 41B. Protection from incidental capture and killing

   2. Protection of plants

      1. 42. European protected species of plants

      2. 43. Protection of certain wild plants

   3. Power to grant licences

      1. 44. Grant of licences for certain purposes

      2. 44A. Delegation of licence granting power: Scotland

      3. 45. Licences: supplementary provisions

      4. 46. False statements made for obtaining licence

      5. 46A. Offence of breaching licence condition

5. PART IV ADAPTATION OF PLANNING AND OTHER CONTROLS

   1. Introductory

      1. 47. Application of provisions of this Part

   2. General provisions for protection of European sites

      1. 48. Assessment of implications for European site

      2. 48A. Directions as regards plans and projects

      3. 49. Considerations of overriding public interest

      4. 50. Review of existing decisions and consents, &c.

      5. 51. Consideration on review

      6. 52. Co–ordination where more than one competent authority involved

      7. 53. Compensatory measures

      8. 53A. Control of operations requiring consent

   3. Marine licences

      1. 53B. Marine licences: duty to review

   4. Planning

      1. 54. Grant of planning permission

      2. 55. Planning permission: duty to review

      3. 56. Planning permission: consideration on review

      4. 57. Effect of orders made on review: England and Wales

      5. 58. Effect of orders made on review: Scotland

      6. 59. Planning permission: supplementary provisions as to compensation

      7. 60. General development orders

      8. 61. General development orders: opinion of appropriate nature conservation body

      9. 62. General development orders: approval of local planning authority

      10. 63. General development orders: supplementary

      11. 64. Special development orders

      12. 64A. Local development orders

      13. 65. Simplified planning zones

      14. 65A. Simplified planning zones and European offshore marine sites

      15. 66. Enterprise zones

      16. 66A. Enterprise zones and European offshore marine sites

      17. 67. Simplified planning zones and enterprise zones: supplementary provisions as to compensation

      18. 67A. Grant of development consent

      19. 67B. Development consent: review

      20. 68. Interpretation

   5. Highways and roads

      1. 69. Construction or improvement of highways or roads

      2. 69A. Core and other paths

      3. 70. Cycle tracks and other ancillary works

   6. Electricity

      1. 71. Consents under Electricity Act 1989: application of general requirements

      2. 72. Consents under the Electricity Act 1989: procedure on review

      3. 73. Consents under Electricity Act 1989: effect of review

      4. 74. Consents under Electricity Act 1989: compensation for revocation or variation

   7. Pipe–lines

      1. 75. Authorisations under the Pipe–lines Act 1962: application of general requirements

      2. 76. Authorisations under the Pipe–lines Act 1962: procedure on review

      3. 77. Authorisations under the Pipe–lines Act 1962: effect of review

      4. 78. Authorisations under the Pipe–lines Act 1962: compensation for revocation or variation

   8. Transport and works

      1. 79. Orders under the Transport and Works Act 1992: application of general requirements

      2. 80. Orders under the Transport and Works Act 1992: procedure on review

      3. 81. Order under the Transport and Works Act 1992: effect of review

      4. 82. Orders under the Transport and Works Act 1992: compensation for revocation or variation

   9. Environmental controls

      1. 83. Authorisations under Part I of the Environmental Protection Act 1990

      2. 84. Licences under Part II of the Environmental Protection Act 1990

      3. 84A. Permits under the Pollution Prevention and Control (Scotland) Regulations 2012

      4. 84B. Abstraction and works authorised under water legislation

      5. 84C. Marine works

      6. 84D. Derogations under the Nitrate Pollution Prevention Regulations 2008

      7. 84E. Derogations under the Nitrate Pollution Prevention (Wales) Regulations 2008

      8. 85. Discharge consents under water pollution legislation

6. PART IVA APPROPRIATE ASSESSMENTS FOR LAND USE PLANS

   1. 85A. Interpretation

   2. 85B. Assessment of implications for European site

   3. 85C. Considerations of overriding public interest

   4. 85D. Co-ordination for land use plan prepared by more than one planning authority

   5. 85E. Compensatory measures

   6. 85F. National Policy Statements

7. PART V SUPPLEMENTARY PROVISIONS

   1. Supplementary provisions as to management agreements

      1. 86. Powers of limited owners, &c. to enter into management agreements

   2. Supplementary provisions as to potentially damaging operations

      1. 87. Carrying out of operation after expiry of period

      2. 88. Duties of agriculture Ministers with respect to European sites

      3. 89. Payments under certain agreements offered by authorities

      4. 90. Powers of entry

      5. 91. Compensation: amount and assessment

      6. 92. Compensation: other supplementary provisions

      7. 93. Compensation: procedural provisions

   3. Supplementary provisions as to byelaws

      1. 94. Procedure for making byelaws, penalties, &c.

      2. 95. Powers of entry

      3. 96. Compensation: England and Wales

      4. 97. Compensation: Scotland

   4. Supplementary provisions as to compulsory acquisition

      1. 98. Supplementary provisions as to acquisition of land

      2. 99. Powers of entry

   5. Supplementary provisions as to protection of species

      1. 100. Attempts and possession of means of committing offence

      2. 101. Enforcement

      3. 101A. Application of sections 19ZC and 19ZD of the Wildlife and Countryside Act 1981

      4. 101B. Offences in connection with constables’ powers to take samples

      5. 101C. Wildlife inspectors

      6. 101D. Powers of wildlife inspectors to enter premises

      7. 101E. Wildlife inspectors’ powers for examining specimens and taking samples

      8. 101F. Offences in connection with wildlife inspectors’ enforcement powers

      9. 101G. Restrictions on taking samples from live specimens

      10. 101H. Codes of practice

      11. 101I. Advice and assistance from nature conservation bodies

      12. 102. Proceedings for offences: venue, time limits

      13. 103. Power of court to order forfeiture

      14. 104. Saving for other protective provisions

      15. 104A. Application of criminal offences to the Crown

   6. General supplementary provisions

      1. 105. Powers of drainage authorities

      2. 106. Offences by bodies corporate, &c.

      3. 106A. Application of criminal offences to the Crown

      4. 107. Local inquiries

      5. 108. Service of notices

      6. 109. Advisory role of the JNCC

      7. 110. Advisory role of Natural England, the Countryside Council for Wales and Scottish Natural Heritage

      8. 111. Research

      9. 112. Transitional provisions: EU exit

      10. 113. Amendment of Schedules

      11. 114. Amendment of the Annexes to the Directives

      12. 115. Regulations

8. Signature

9. 1. SCHEDULE 1

      PROCEDURE IN CONNECTION WITH ORDERS UNDER REGULATION 22

      1. Coming into operation

         1. 1. (1) An original order or a restrictive amending order takes...

      2. Publicity for orders

         1. 2. (1) The Secretary of State shall, where an order has...

      3. Unopposed orders

         1. 3. (1) Where an order has taken effect immediately and no...

      4. Opposed orders

         1. 4. (1) If any representation or objection duly made with respect...

      5. Restriction on power to amend orders or confirm them with modifications

         1. 5. The Secretary of State shall not by virtue of paragraphs...

      6. Notice of final decision on order

         1. 6. (1) The Secretary of State shall as soon as practicable...

      7. Proceedings for questioning validity of orders

         1. 7. (1) This paragraph applies to any order which has taken...

      8. Interpretation

         1. 8. In this Schedule– “amending order” and “revoking order” mean an...

   2. SCHEDULE 2

      EUROPEAN PROTECTED SPECIES OF ANIMALS

   3. SCHEDULE 2A

      EXCLUDED POPULATIONS OF CERTAIN SPECIES

      1. Common Name Scientific Name Excluded countries and areas Beaver, Eurasian...

      2. NOTE: The common name or names given in the first...

   4. SCHEDULE 3

      ANIMALS WHICH MAY NOT BE TAKEN OR KILLED IN CERTAIN WAYS

   5. SCHEDULE 3A

      PROHIBITED METHODS OF TAKING OR KILLING WILD ANIMALS

      1. 1. The prohibited means of taking or killing mammals are—

      2. 2. The prohibited methods of capturing or killing fish are—

      3. 3. The prohibited modes of transport are— (a) aircraft; and

   6. SCHEDULE 4

      EUROPEAN PROTECTED SPECIES OF PLANTS

10. Explanatory Note