The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for implementing Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.

Part I contains introductory provisions.

Part II provides for the conservation of natural habitats and habitats of species, and in particular—

• regulations 6 to 12 make provision for the selection, registration and notification of sites to be protected under the Directive (“European sites”);

• regulations 13 and 14 make provision for management agreements for European sites;

• regulations 15 to 18 make provision in respect of European sites for the control of damaging operations;

• regulations 19 to 22 make provision for the payment of compensation in relation to the control of damaging operations on European sites;

• regulations 23 to 26 make provision for the making of byelaws for European sites and for the payment of compensation for the effect of byelaws;

• regulation 27 makes provision for the acquisition of European sites;

• regulations 28 to 31 make special provision for the protection of European marine sites; and

• regulation 32 requires the Department, where it thinks necessary, to encourage the management of features of landscape which are important to wild fauna and flora.

Part III provides for the protection of certain wild animals and plants and in particular—

• regulation 34 makes it an offence, subject to certain exceptions, deliberately to capture, kill or disturb those animals or to trade in them; and

• regulation 38 makes it an offence, subject to certain exceptions, to pick, collect, cut, uproot or destroy those plants or to trade in them.

Part IV makes provision for the adaptation of planning and certain other controls for the protection of European sites; in particular—

• regulations 43, 44 and 49 require the effect on a European site to be considered before a grant of planning permission and, subject to certain exceptions, restrict the grant of planning permission where the integrity of a European site would be adversely affected;

• regulations 45, 46 and 50 to 53 require that planning permissions granted before the date on which the site becomes a European site (or if later, the commencement of these Regulations) shall be reviewed and in certain circumstances revoked, where the integrity of the site would be adversely affected;

• regulation 54 limits claims for compensation under the Land Development Values (Compensation) Act (NI) 1965 where the Department decides not to confirm provisional orders under Article 38 (revocation or modification of planning permission) or Article 39 (discontinuance of a use, etc.) of the Planning (NI) Order 1991. Compensation is limited to loss or damage attributable to the temporary modification, suspension or imposition of conditions;

• equivalent provision for the requirement to consider the effect on a European site and for the review of consents is made in relation to roads under the Roads (NI) Order 1993 (regulation 62), waste disposal licences etc., under the Pollution Control and Local Government (NI) Order 1978 (regulation 63), and discharge consents under the Water Act (NI) 1972 (regulation 64). Regulations 55 to 60 make special provisions as respects general development orders, special development orders, simplified planning zones and enterprise zones.

Part V contains provisions of a supplemental nature.

Copies of Council Directives 79/409/EEC and 92/43/EEC are available from the Commission of the European Communities, Windsor House, 9–15 Bedford Street, Belfast BT2 7EG.