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Introductory Text
PART I INTRODUCTORY PROVISIONS
1.Citation and commencement
2.Interpretation and application
3.Implementation of Directive
4.Nature conservation bodies
5.Relevant authorities in relation to marine areas and European marine sites
6.Competent authorities generally
PART II CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES
European sites
7.Selection of sites eligible for identification as of Community importance
8.Adoption of list of sites: designation of special areas of conservation
9.Consultation as to inclusion of site omitted from the list
10.Meaning of “European site” in these Regulations
Register of European sites
11.Duty to compile and maintain register of European sites
12.Notification to appropriate nature conservation body
13.Notice to landowners, relevant authorities, &c.
14.Local registration: England and Wales
15.Local registers: Scotland
Management agreements
16.Management agreements
17.Continuation in force of existing agreement, &c.
Control of potentially damaging operations
18.Notification of potentially damaging operations
19.Restriction on carrying out operations specified in notification
20.Supplementary provisions as to consents
21.Provision as to existing notices and consents
Special nature conservation orders
22.Power to make special nature conservation order
23.Restriction on carrying out operations specified in order
24.Supplementary provisions as to consents
25.Compensation for effect of order
26.Restoration where order contravened
27.Continuation in force of existing orders, &c.
Byelaws
28.Power to make byelaws
29.Byelaws: limitation on effect
30.Compensation for effect of byelaws
31.Continuation in force of existing byelaws
Powers of compulsory acquisition
32.Powers of compulsory acquisition
Special provisions as to European marine sites
33.Marking of site and advice by nature conservation bodies
34.Management scheme for European marine site
35.Direction to establish or amend management scheme
36.Byelaws for protection of European marine site
Miscellaneous
37.Nature conservation policy in planning contexts
37A.Surveillance of conservation status of habitats and species
PART III PROTECTION OF SPECIES
Protection of animals
38.European protected species of animals
39.Protection of wild animals of European protected species
40.Exceptions from regulation 39
41.Prohibition of certain methods of taking or killing wild animals
41A.Monitoring incidental capture and killing
Protection of plants
42.European protected species of plants
43.Protection of wild plants of European protected species
Power to grant licences
44.Grant of licences for certain purposes
45.Licences: supplementary provisions
46.False statements made for obtaining licence
46A.Offence of breaching licence condition
PART IV ADAPTATION OF PLANNING AND OTHER CONTROLS
Introductory
47.Application of provisions of this Part
General provisions for protection of European sites
48.Assessment of implications for European site
49.Considerations of overriding public interest
50.Review of existing decisions and consents, &c.
51.Consideration on review
52.Co–ordination where more than one competent authority involved
53.Compensatory measures
53A.Control of operations requiring consent
Planning
54.Grant of planning permission
55.Planning permission: duty to review
56.Planning permission: consideration on review
57.Effect of orders made on review: England and Wales
58.Effect of orders made on review: Scotland
59.Planning permission: supplementary provisions as to compensation
60.General development orders
61.General development orders: opinion of appropriate nature conservation body
62.General development orders: approval of local planning authority
63.General development orders: supplementary
64.Special development orders
65.Simplified planning zones
66.Enterprise zones
67.Simplified planning zones and enterprise zones: supplementary provisions as to compensation
68.Construction as one with planning legislation
Highways and roads
69.Construction or improvement of highways or roads
70.Cycle tracks and other ancillary works
Electricity
71.Consents under Electricity Act 1989: application of general requirements
72.Consents under the Electricity Act 1989: procedure on review
73.Consents under Electricity Act 1989: effect of review
74.Consents under Electricity Act 1989: compensation for revocation or variation
Pipe–lines
75.Authorisations under the Pipe–lines Act 1962: application of general requirements
76.Authorisations under the Pipe–lines Act 1962: procedure on review
77.Authorisations under the Pipe–lines Act 1962: effect of review
78.Authorisations under the Pipe–lines Act 1962: compensation for revocation or variation
Transport and works
79.Orders under the Transport and Works Act 1992: application of general requirements
80.Orders under the Transport and Works Act 1992: procedure on review
81.Order under the Transport and Works Act 1992: effect of review
82.Orders under the Transport and Works Act 1992: compensation for revocation or variation
Environmental controls
83.Authorisations under Part I of the Environmental Protection Act 1990
84.Licences under Part II of the Environmental Protection Act 1990
84A.Permits under the Pollution Prevention and Control (England and Wales) Regulations 2000
84B.Abstraction and works authorised under water legislation
85.Discharge consents under water pollution legislation
PART IVA APPROPRIATE ASSESSMENTS FOR LAND USE PLANS
85A.Interpretation
85B.Assessment of implications for European site
85C.Considerations of overriding public interest
85D.Co-ordination for land use plan prepared by more than one planning authority
85E.Compensatory measures
PART V SUPPLEMENTARY PROVISIONS
Supplementary provisions as to management agreements
86.Powers of limited owners, &c. to enter into management agreements
Supplementary provisions as to potentially damaging operations
87.Carrying out of operation after expiry of period
88.Duties of agriculture Ministers with respect to European sites
89.Payments under certain agreements offered by authorities
90.Powers of entry
91.Compensation: amount and assessment
92.Compensation: other supplementary provisions
93.Compensation: procedural provisions
Supplementary provisions as to byelaws
94.Procedure for making byelaws, penalties, &c.
95.Powers of entry
96.Compensation: England and Wales
97.Compensation: Scotland
Supplementary provisions as to compulsory acquisition
98.Supplementary provisions as to acquisition of land
99.Powers of entry
Supplementary provisions as to protection of species
100.Attempts and possession of means of committing offence
101.Enforcement
101A.Application of sections 19ZC and 19ZD of the Wildlife and Countryside Act 1981
102.Proceedings for offences: venue, time limits
103.Power of court to order forfeiture
104.Saving for other protective provisions
104A.Application of criminal offences to the Crown
General supplementary provisions
105.Powers of drainage authorities
106.Offences by bodies corporate, &c.
107.Local inquiries
108.Service of notices
Signature
SCHEDULE 1
PROCEDURE IN CONNECTION WITH ORDERS UNDER REGULATION 22
Coming into operation
1.(1) An original order or a restrictive amending order takes...
Publicity for orders
2.(1) The Secretary of State shall, where an order has...
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 Secretary of State shall not by virtue of paragraphs...
Notice of final decision on order
6.(1) The Secretary of State shall as soon as practicable...
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 2A
EXCLUDED POPULATIONS OF CERTAIN SPECIES
Common Name Scientific Name Excluded countries and areas Beaver, Eurasian...
NOTE: The common name or names given in the first...
SCHEDULE 3
ANIMALS WHICH MAY NOT BE TAKEN OR KILLED IN CERTAIN WAYS
SCHEDULE 4
EUROPEAN PROTECTED SPECIES OF PLANTS
Explanatory Note