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

PART IINTRODUCTORY PROVISIONS

1Citation and commencement

2Interpretation and application

3Implementation of Directive

4Nature conservation bodies

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

6Competent authorities generally

PART IICONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES

7Selection of sites eligible for identification as of Community importance

8Adoption of list of sites: designation of special areas of conservation

9Consultation as to inclusion of site omitted from the list

10Meaning of “European site” in these Regulations

Register of European sites

11Duty to compile and maintain register of European sites

12Notification to appropriate nature conservation body

13Notice to landowners, relevant authorities, &c.

14Local registration: England and Wales

15Local registers: Scotland

Management agreements

16Management agreements

17Continuation in force of existing agreement, &c.

Control of potentially damaging operations

18Notification of potentially damaging operations

19Restriction on carrying out operations specified in notification

20Supplementary provisions as to consents

21Provision as to existing notices and consents

Special nature conservation orders

22Power to make special nature conservation order

23Restriction on carrying out operations specified in order

24Supplementary provisions as to consents

25Compensation for effect of order

26Restoration where order contravened

27Continuation in force of existing orders, &c.

28Power to make byelaws

29Byelaws: limitation on effect

30Compensation for effect of byelaws

31Continuation in force of existing byelaws

Powers of compulsory acquisition

32Powers of compulsory acquisition

Special provisions as to European marine sites

33Marking of site and advice by nature conservation bodies

34Management scheme for European marine site

35Direction to establish or amend management scheme

36Byelaws for protection of European marine site

37Nature conservation policy in planning contexts

PART IIIPROTECTION OF SPECIES

Protection of animals

38European protected species of animals

39Protection of wild animals of European protected species

40Exceptions from regulation 39

41Prohibition of certain methods of taking or killing wild animals

Protection of plants

42European protected species of plants

43Protection of wild plants of European protected species

Power to grant licences

44Grant of licences for certain purposes

45Licences: supplementary provisions

46False statements made for obtaining licence

PART IVADAPTATION OF PLANNING AND OTHER CONTROLS

47Application of provisions of this Part

General provisions for protection of European sites

48Assessment of implications for European site

49Considerations of overriding public interest

50Review of existing decisions and consents, &c.

51Consideration on review

52Co–ordination where more than one competent authority involved

53Compensatory measures

54Grant of planning permission

55Planning permission: duty to review

56Planning permission: consideration on review

57Effect of orders made on review: England and Wales

58Effect of orders made on review: Scotland

59Planning permission: supplementary provisions as to compensation

60General development orders

61General development orders: opinion of appropriate nature conservation body

62General development orders: approval of local planning authority

63General development orders: supplementary

64Special development orders

65Simplified planning zones

66Enterprise zones

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

68Construction as one with planning legislation

Highways and roads

69Construction or improvement of highways or roads

70Cycle tracks and other ancillary works

71Consents under Electricity Act 1989: application of general requirements

72Consents under the Electricity Act 1989: procedure on review

73Consents under Electricity Act 1989: effect of review

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

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

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

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

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

Transport and works

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

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

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

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

Environmental controls

83Authorisations under Part I of the Environmental Protection Act 1990

84Licences under Part II of the Environmental Protection Act 1990

85Discharge consents under water pollution legislation

PART VSUPPLEMENTARY PROVISIONS

Supplementary provisions as to management agreements

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

Supplementary provisions as to potentially damaging operations

87Carrying out of operation after expiry of period

88Duties of agriculture Ministers with respect to European sites

89Payments under certain agreements offered by authorities

90Powers of entry

91Compensation: amount and assessment

92Compensation: other supplementary provisions

93Compensation: procedural provisions

Supplementary provisions as to byelaws

94Procedure for making byelaws, penalties, &c.

95Powers of entry

96Compensation: England and Wales

97Compensation: Scotland

Supplementary provisions as to compulsory acquisition

98Supplementary provisions as to acquisition of land

99Powers of entry

Supplementary provisions as to protection of species

100Attempts and possession of means of committing offence

102Proceedings for offences: venue, time limits

103Power of court to order forfeiture

104Saving for other protective provisions

General supplementary provisions

105Powers of drainage authorities

106Offences by bodies corporate, &c.

107Local inquiries

108Service of notices

SCHEDULE 1PROCEDURE IN CONNECTION WITH ORDERS UNDER REGULATION 22

SCHEDULE 2EUROPEAN PROTECTED SPECIES OF ANIMALS

SCHEDULE 3ANIMALS WHICH MAY NOT BE TAKEN OR KILLED IN CERTAIN WAYS

SCHEDULE 4EUROPEAN PROTECTED SPECIES OF PLANTS

1994 No. 2716

WILDLIFE

COUNTRYSIDE

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

Made20th October 1994

Coming into force30th October 1994

The Secretary of State for the Environment, as respects England, the Secretary of State for Wales, as respects Wales, and the Secretary of State for Scotland, as respects Scotland, being designated1 Ministers for the purposes of section 2(2) of the European Communities Act 19722 in relation to measures relating to the conservation of natural habitats and of wild fauna and flora, in exercise of the powers conferred upon them by the said section 2 and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has been laid before and approved by a resolution of each House of Parliament:–