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

[F1 [F2 Control of potentially damaging operations] E+W+S

Textual Amendments

F1 Regulations revoked (E.W.) (1.4.2010 except so far as relating to the revocation in relation to W. of reg. 36 and specified words in reg. 3(3), 12.12.2014 in so far as not already in force) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2)(4)(b), 133(3) (with regs. 125, 134)

F2 Regs. 18-22 substituted (S.) for regs. 18-22 and cross-headings (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20, 21)

[F3 Notification of potentially damaging operations E+W+S

18.— (1) Any person who intentionally or recklessly damages any natural feature by reason of which land is a European site is, subject to paragraph (2), guilty of an offence.

(2) Any person who does anything which would, but for this paragraph, amount to an offence under paragraph (1) is not guilty of the offence if it is shown that–

(a) the act was the incidental result of a lawful operation,

(b) the person who carried out the lawful operation–

(i) took reasonable precautions for the purpose of avoiding carrying out the act, or

(ii) did not foresee, and could not reasonably have foreseen, that the act would be an incidental result of the carrying out of the lawful operation, and

(c) that person took such steps as were reasonably practicable in all the circumstances to minimise the damage caused.

(3) Any person guilty of an offence under paragraph (1) is liable–

(a) on summary conviction, to a fine not exceeding level 5 on the standard scale,

(b) on conviction on indictment, to a fine.]

Textual Amendments

F3 Regs. 18-22 substituted (S.) for regs. 18-22 and cross-headings (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20, 21)

Commencement Information

I1 Reg. 18 in force at 30.10.1994, see reg. 1(2)

[F3 Application of Chapters 2, 3 and 4 of Part 2 of the 2004 Act E+W+S

19.— (1) Subject to paragraph (2) and regulations 20 to 22, the following provisions of Part 2 of the 2004 Act apply, for the purposes of these Regulations, in relation to European sites–

(a) Chapter 2 (nature conservation orders) and schedule 2 (nature conservation orders and related orders: procedure);

(b) Chapter 3 (land management orders) and schedule 3 (land management orders and related orders: procedure); and

(c) in Chapter 4–

(i) section 39 (acquisition of land by SNH);

(ii) section 40 (restoration orders);

(iii) section 41 (signs, etc.);

(iv) section 43 (powers of investigation etc.: police);

(v) section 44 (powers of entry: authorised persons) and schedule 4 (powers of entry of authorised persons: further provision); and

(vi) section 46 (offences: penalties and time limits);

(2) For the purposes of these Regulations, any reference in the provisions referred to in paragraph (1)(a) to (c)–

(a) to a “natural feature” shall be construed as if it was a reference to a “natural feature” within the meaning of regulation 2 of these Regulations;

(b) to a “site of special scientific interest” shall be construed as if it was a reference to a European site;

(c) to the 2004 Act or any Part thereof, shall be construed as if it was a reference to these Regulations;

(d) to a term defined in the 2004 Act shall, unless the context otherwise requires, bear the same meaning as in that Act.]

Textual Amendments

F3 Regs. 18-22 substituted (S.) for regs. 18-22 and cross-headings (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20, 21)

Commencement Information

I2 Reg. 19 in force at 30.10.1994, see reg. 1(2)

[F3 Chapter 2 of Part 2 of the 2004 Act E+W+S

20.   The provisions of Chapter 2 of Part 2 of the 2004 Act apply for the purposes of these Regulations as if–

(a) in section 23 (nature conservation orders)—

(i) [F4 in subsection (2)(a) for “special interest,”, there were substituted “significance in relation to the requirements of the Directives (within the meaning of regulation 2(1) of the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716)),”]

(ii) [F5 in subsection (2)(b), after “an international obligation” there were inserted “and the requirements of the Directives (within the meaning of regulation 2(1) of the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716))”]

(iii) in subsection (3)(b) for the words from “special interest” to “features,” there was substituted “ significance in relation to the [F6 requirements of the Directives (within the meaning of regulation 2(1) of the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716))"] and

(b) in section 27 (offences in relation to nature conservation orders) the reference to “£40,000” was a reference to “level 5 on the standard scale”.]

Textual Amendments

F3 Regs. 18-22 substituted (S.) for regs. 18-22 and cross-headings (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20, 21)

F4 Reg. 20(a)(i) substituted (31.12.2020) by The Conservation (Natural Habitats, &c.) (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/113), regs. 1, 14(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Reg. 20(a)(ii) substituted (31.12.2020) by The Conservation (Natural Habitats, &c.) (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/113), regs. 1, 14(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 20(a)(iii) substituted (31.12.2020) by The Conservation (Natural Habitats, &c.) (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/113), regs. 1, 14(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I3 Reg. 20 in force at 30.10.1994, see reg. 1(2)

[F3 Chapter 3 of Part 2 of the 2004 Act E+W+S

21.   The provisions of Chapter 3 of Part 2 of the 2004 Act apply for the purposes of these Regulations as if—

(a) any reference to a “management agreement” included a reference to a management agreement entered into under regulation 16 of these Regulations;

(b) in section 29(2)(b) (proposals for land management orders) for “specified in an SSSI notification” there was substituted “ by reason of which land is a European site ”;

(c) in section 36(3)(a) (offences in relation to land management orders) the reference to “£40,000” was a reference to “level 5 on the standard scale”.]]

Textual Amendments

F3 Regs. 18-22 substituted (S.) for regs. 18-22 and cross-headings (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20, 21)

Commencement Information

I4 Reg. 21 in force at 30.10.1994, see reg. 1(2)