These Regulations may be cited as the Conservation (Natural Habitats, &c.) Regulations 1994.

These Regulations shall come into force on the tenth day after that on which they are made.

In these Regulations–

• F8“the 2004 Act” means the Nature Conservation (Scotland) Act 2004;

• “agriculture Minister” means the Minister of Agriculture, Fisheries and Food or the Secretary of State;

• “competent authority” shall be construed in accordance with regulation 6;

• “destroy”, in relation to an egg, includes doing anything to the egg which is calculated to prevent it from hatching, and “destruction” shall be construed accordingly;

• “enactment” includes a local enactment and an enactment contained in subordinate legislation within the meaning of the Interpretation Act 19783;

• “European site” has the meaning given by regulation 10 and “European marine site” means a European site which consists of, or so far as it consists of, marine areas;

• “functions” includes powers and duties;

• F4“the Habitats Directive” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora F9as amended by the Act of Accession to the European Union of Austria, Finland and Sweden5 and by Council Directive 97/62/EC6.F9as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded;

• “F10land” includes land covered by water and as respects Scotland includes salmon fishings;

• F10“land” includes buildings and other structures, land covered with water, and any right or interest in or over land;

• “livestock” includes any animal which is kept–

  1. a

     for the provision of food, skins or fur,

  2. b

     for the purpose of its use in the carrying on of any agricultural activity, or

  3. c

     for the provision or improvement of shooting or fishing;

• “local planning authority” means–

  1. a

     in England and Wales, except as otherwise provided, any authority having any function as a local planning authority or mineral planning authority under the Town and Country Planning Act 19904, and

  2. b

     in Scotland, a planning authority within the meaning of section 172(1) of the Local Government (Scotland) Act 19735;

• “management agreement” means an agreement entered into, or having effect as if entered into, under regulation 16;

• “marine area” means any land covered (continuously or intermittently) by tidal waters or any part of the sea in or adjacent to Great Britain up to the seaward limit of territorial waters;

• “Natura 2000” means the European network of special areas of conservation, and special protection areas under the Wild Birds Directive, provided for by Article 3(1) of the Habitats Directive;

• F11“natural feature” in relation to land means–

  1. a

     any of its flora or fauna, or

  2. b

     any natural habitat existing on that land

• “nature conservation body”, and “appropriate nature conservation body” in relation to England, Wales or Scotland, have the meaning given by regulation 4;

• “occupier”, for the purposes of Part III (protection of species), includes, in relation to any land other than the foreshore, any person having any right of hunting, shooting, fishing or taking game or fish;

• “planning authority”, in Scotland, means a planning authority within the meaning of section 172(1) of the Local Government (Scotland) Act 1973;

• “the register” means the register of European sites in Great Britain provided for by regulation 11;

• “relevant authorities”, in relation to marine areas and European marine sites, shall be construed in accordance with regulation 5;

• “F12statutory undertaker ” has the same meaning as in the National Parks and Access to the Countryside Act 19496;

• F12“statutory undertaker” has the meaning given in section 58(1) of the 2004 Act;

• “the Wild Birds Directive” means Council Directive 79/409/EEC7 on the conservation of wild birds F13as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.

The reference in paragraph (1A) to “lawfully” means without any contravention of these Regulations or Part I of the Wildlife and Countryside Act 1981.

Unless the context otherwise requires, expressions used in these Regulations and in the Habitats Directive have the same meaning as in that Directive.

The following expressions, in particular, are defined in Article 1 of that Directive–

• “priority natural habitat types” and “priority species”;

• “site” and “site of Community importance”; and

• “special area of conservation”.

Subject to regulation 68 (which provides for Part IV to be construed as one with the Town and Country Planning Act 1990), these Regulations apply to the Isles of Scilly as if the Isles were a county and the Council of the Isles were a county council.

These Regulations make provision for the purpose of implementing, for Great Britain, F5the Habitats Directive.

The Secretary of State, the Minister of Agriculture, Fisheries and Food and the nature conservation bodies shall exercise their functions under the enactments relating to nature conservation so as to secure compliance with the requirements of the Habitats Directive.

Those enactments include–

• Part III of the National Parks and Access to the Countryside Act 19499,

• section 49A of the Countryside (Scotland) Act 196710 (management agreements),

• section 15 of the Countryside Act 196811 (areas of special scientific interest),

• Part I and sections F1428 to 38F1435 to 37 of the Wildlife and Countryside Act 198112,

• sections 131 to 134 of the Environmental Protection Act 199013,

• sections 2, 3, 5, 6, 7 and 11 of the Natural Heritage (Scotland) Act 199114, and these Regulations.

• F15Part 2 of the 2004 Act

In relation to marine areas any competent authority having functions relevant to marine conservation shall exercise those functions so as to secure compliance with the requirements of the Habitats Directive.

This applies, in particular, to functions under the following enactments–

• the Sea Fisheries Acts within the meaning of section 1 of the Sea Fisheries (Wildlife Conservation) Act 199215,

• the Dockyard Ports Regulation Act 186516,

• section 2(2) of the Military Lands Act 190017 (provisions as to use of sea, tidal water or shore),

• the Harbours Act 196418,

• Part II of the Control of Pollution Act 197419,

• sections 36 and 37 of the Wildlife and Countryside Act 198120 (marine nature reserves),

• sections 120 to 122 of the Civic Government (Scotland) Act 198221 (control of the seashore, adjacent waters and inland waters),

• the Water Resources Act 199122,

• the Land Drainage Act 199123, and

• these Regulations.

Without prejudice to the preceding provisions, every competent authority in the exercise of any of their functions, shall have regard to the requirements of the Habitats Directive so far as they may be affected by the exercise of those functions.

For the purposes of these Regulations the expression “competent authority” includes any Minister, government department, public or statutory undertaker, public body of any description or person holding a public office.

The expression also includes any person exercising any function of a competent authority in the United Kingdom.