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

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Point in time view as at 28/12/2009.

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There are currently no known outstanding effects for the The Conservation (Natural Habitats, &c.) Regulations 1994, Cross Heading: Environmental controls. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Environmental controlsE+W+S

Authorisations under Part I of the Environmental Protection Act 1990E+W+S

[F183.—F2(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any [F3authorisation under Part I of the Environmental Protection Act 1990].

(4) Where on the review of such an authorisation the competent authority consider that any adverse effects on the integrity of a European site of the carrying out or, as the case may be, the continuation of activities authorised by it would be avoided by a variation of the authorisation, they may vary it, or cause it to be varied, accordingly.

(5) Where any question arises as to F4... affirming an authorisation on review, under regulation 49 (considerations of overriding public interest), the competent authority shall refer the matter to the Secretary of State who shall determine the matter in accordance with that regulation and give directions to the authority accordingly.]

Textual Amendments

Commencement Information

I1Reg. 83 in force at 30.10.1994, see reg. 1(2)

Licences under Part II of the Environmental Protection Act 1990E+W+S

[F184.—(1) Regulations 48 and 49 (requirement to consider effect on [F5European sites in Great Britain and European offshore marine sites]) apply in relation to–

(a)the granting of a waste management licence under Part II of the Environmental Protection Act 1990 [F6, and]

(b)the passing of a resolution under section 54 of that Act (provisions as to land occupied by disposal authorities themselves). F7...

F8(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where in such a case the competent authority consider that any adverse effects of the plan or project on the integrity of a European site [F9or European offshore marine site] would be avoided by making any licence subject to conditions, they may grant a licence, or cause a licence to be granted, or, as the case may be, pass a resolution, subject to those conditions.

(3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any such licence or resolution as is mentioned in paragraph (1).

(4) Where on the review of such a licence or resolution the competent authority consider that any adverse effects on the integrity of a European site [F10or European offshore marine site] of the carrying out or, as the case may be, the continuation of the activities authorised by it would be avoided by a variation of the licence or resolution, they may vary it, or cause it to be varied, accordingly.]

Textual Amendments

Commencement Information

I2Reg. 84 in force at 30.10.1994, see reg. 1(2)

[F11[F12Environmental permits under the Environmental Permitting (England and Wales) Regulations 2007] E+W

84A.—(1) Regulations 48 and 49 (requirement to consider effect on [F13European sites in Great Britain and European offshore marine sites]) apply in relation to the granting of [F14an environmental permit under the Environmental Permitting (England and Wales) Regulations 2007].

(2) Where in such a case the competent authority consider that any adverse effects of the plan or project on the integrity of a European site [F15or European offshore marine site] would be avoided if the permit were subject to conditions, they may grant a permit, or cause a permit to be granted, subject to those conditions.

(3) Regulations 50 and 51 (requirement to review existing decisions and consents, etc.) apply to any such permit as is mentioned in paragraph (1).

(4) Where on the review of such a permit the competent authority consider that any adverse effects on the integrity of a European site [F16or European offshore marine site] of the carrying out or, as the case may be, the continuation of activities authorised by it would be avoided by a variation of the permit, they may vary it, or cause it to be varied, accordingly.

(5) Where any question arises as to agreeing to a plan or project, or affirming a permit on review, under regulation 49 (considerations of overriding public interest), the competent authority shall refer the matter to the Secretary of State who shall determine the matter in accordance with that regulation and give directions to the authority accordingly.]

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

[F21Permits under the Pollution Prevention and Control (Scotland) Regulations 2000S

84A.—(1) Regulations 48 and 49 (requirement to consider effect on [F22European sites in Great Britain and European offshore marine sites]) apply in relation to the granting of a permit under the Pollution Prevention and Control (Scotland) Regulations 2000.

(2) Where in such a case the competent authority consider that any adverse effects of the plan or project on the integrity of a European site [F23or European offshore marine site] would be avoided if the permit were subject to conditions, they may grant a permit, or cause a permit to be granted, subject to those conditions.

(3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any such permit as is mentioned in paragraph (1).

(4) Where on the review of such a permit the competent authority consider that any adverse effects on the integrity of a European site [F24or European offshore marine site] of the carrying out or, as the case may be, the continuation of activities authorised by it would be avoided by a variation of the permit, they may vary it, or cause it to be varied, accordingly.

(5) Where any question arises as to agreeing to a plan or project, of affirming a permit on review, under regulation 49 (considerations of overriding public interest), the competent authority shall refer the matter to the Scottish Ministers who shall determine the matter in accordance with that regulation and give directions to the authority accordingly.]

Textual Amendments

[F17Abstraction and works authorised under water legislationE+W

84B.—(1) Regulations 48 and 49 (requirement to consider effect on European sites in Great Britain and European offshore marine sites) apply in relation to the granting of an authorisation by virtue of—

(a)the granting of a licence under Chapter 2 of Part 2 of the WRA (abstraction and impounding);

(b)the making of an order under section 27A of the WRA (variation of small quantity threshold);

(c)the making of regulations under section 33A of the WRA (power to provide for further exemptions), where those regulations relate to—

(i)a prescribed geographical area;

(ii)a prescribed source of supply (in the case of an exemption from the restriction on abstraction or the other restrictions imposed by section 24 of the WRA); or

(iii)prescribed inland waters (in the case of an exemption from the restriction on impounding works);

(d)any consent given under paragraph (2);

(e)the making of an order under section 73 of the WRA (power to make ordinary and emergency drought orders) which has the effect of authorising—

(i)an abstraction or additional abstraction; or

(ii)a discharge or additional discharge;

(f)the granting of a permit under section 79A of that Act (drought permits);

(g)any consent given under section 166 of the WIA (consents for certain discharges under section 165) or section 164 of the WRA (consents for certain discharges under section 163); or

(h)the making of an order under section 167 of the WIA (compulsory works orders) or section 168 of the WRA (compulsory works orders).

(2) An exemption conferred by regulations under section 33A of the WRA, other than regulations referred to in paragraph (1)(c), shall not apply in relation to any particular abstraction or impounding works unless the Agency has given consent in writing to the abstraction or impounding works being carried out.

(3) Where, in relation to any plan or project authorised by any means referred to in sub-paragraphs (a) to (h) of paragraph (1), the competent authority consider that any adverse effects of the plan or project on the integrity of a European site or European offshore marine site would be avoided if the authorisation were subject to conditions, they may grant the authorisation, or cause it to be granted, subject to those conditions.

(4) Where, by virtue of paragraph (1)(g), regulations 48 and 49 apply in relation to the granting of an authorisation by virtue of a consent under section 166 of the WIA or section 164 of the WRA, the section in question shall have effect as if in each case—

(a)in subsection (3), the words “and, subject to that subsection, where an application for any consent is required to be determined within the period specified in paragraph (a) above and is not so determined, the consent applied for shall be deemed to have been given unconditionally.” were omitted; and

(b)in paragraph (a) of that subsection, for the words “the period of seven days” there were substituted the words “the period of fourteen days”.

(5) Regulations 50 (requirement to review existing decisions and consents, etc) and 51 (consideration on review) apply to any authorisation mentioned in paragraph (1)(a), (b), (c), (d) or (h).

(6) Where on the review of any such authorisation the competent authority consider that any adverse effects on the integrity of a European site or European offshore marine site of the carrying out or, as the case may be, the continuation of the activities authorised by it would be avoided by a variation of the authorisation, they may vary it, or cause it to be varied, accordingly.

(7) In this regulation—

“the Agency” means the Environment Agency;

“the WIA” means the Water Industry Act 1991; and

“the WRA” means the Water Resources Act 1991.]

Extent Information

E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

[F25Abstraction and works authorised under water legislationS

84B.—(1) Regulations 48 and 49 apply in relation to–

(a)the grant of an authorisation under regulation 8 (registration) or 9 (water use licence);

(b)the variation under regulation 19 (variation of authorisation) in accordance with either regulation 20 (procedure for variation) or regulation 21 (request for variation), as the case may be, or the partial variation under regulation 25(4) (determination of application for surrender) of an authorisation; and

(c)the determination of an appeal under regulation 47 (determination of appeals) against a decision of the Scottish Environment Protection Agency referred to in regulation 46(a), (b), (c), (d), (e), (ee) or (g),

of the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (“the 2005 Regulations”).

(2) In a case referred to in paragraph (1), where the competent authority considers that any adverse effects of the plan or project on the integrity of a European site [F26or European offshore marine site] would be avoided if the grant or variation of the authorisation were subject to conditions or, as the case may be, further conditions, it may grant or vary the authorisation subject to those conditions.

(3) Regulations 50 and 51 apply to authorisations under regulation 8 or 9 of the 2005 Regulations.

(4) Where on the review of an authorisation under regulation 8 or 9 of the 2005 Regulations, the competent authority considers that any adverse effects on the integrity of a European site [F27or European offshore marine site] of the carrying out or, as the case may be, the continuation of the activity authorised would be avoided by a variation of the authorisation, it may vary the authorisation, or cause it to be varied, accordingly.]

Textual Amendments

[F18Marine worksE+W

84C.—(1)  Regulations 48 (assessment of implications for European site) and 49 (considerations of overriding public interest) apply in relation to the granting of a licence, consent or other approval for marine works.

(2) Where regulations 48 and 49 apply, the competent authority may, if they consider that any adverse effects of the plan or project on the integrity of a European site or European offshore marine site would be avoided if the licence, consent or other approval were subject to conditions or requirements, grant the licence, consent or other approval subject to those conditions or requirements.

(3) Regulations 50 (review of existing decisions and consents, &c) and 51 (consideration on review) apply to any such licence, consent of other approval mentioned in paragraph (1).

(4) Where on the review of any such licence, consent or other approval the competent authority consider that any adverse effects on the integrity of a European site or European offshore marine site of the carrying out or, as the case may be, the continuation of activities authorised by it would be avoided by a variation of the licence, consent or other approval, they may vary it accordingly.

(5) This regulation shall not apply in relation to any application for a licence mentioned in paragraph (6)(a), or a consent mentioned in paragraph (6)(b), in respect of dredging where—

(a)the Secretary of State has determined that the dredging would constitute a habitats project under the Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (England and Northern Ireland) Regulations 2007; or

(b)the Welsh Ministers have determined that the dredging would constitute a habitats project under the Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Wales) Regulations 2007.

(6) In this regulation, “marine works” means any activity or proposed activity requiring—

(a)a licence under Part 2 of the Food and Environment Protection Act 1985;

(b)a consent under section 34 of the Coast Protection Act 1949;

(c)an approval or consent for works involved in the construction of a harbour or involving the making of modifications to an existing harbour under—

(i)a local Act;

(ii)such an Act read together with a notice given and published under section 9 of the Harbours Transfer Act 1862; or

(iii)an order made under section 14 or 16 of the Harbours Act 1964.

(7) For the purposes of any provision in regulations 49 to 53 which is applied by this regulation and which confers a function on the Secretary of State, any reference to the Secretary of State in that provision is to be taken to be a reference to the Welsh Ministers, if the function is exercisable in relation to—

(a)any application to the Welsh Ministers for an authorisation in respect of marine works;

(b)any application to any other authority for—

(i)an authorisation in respect of marine works, the refusal of which gives rise to a right of appeal to the Welsh Ministers;

(ii)an authorisation in respect of marine works in relation to which the Welsh Ministers exercise any power of direction or call-in;

(iii)an authorisation of a kind mentioned in paragraph (6)(c)(iii) in respect of works which are to be carried out in relation to a fishery harbour in Wales; or

(c)the grant of any application of a kind mentioned in sub-paragraph (a) or (b).

(8) In paragraph (7), “authorisation” means any licence, consent or other approval.]

Textual Amendments

[F19Derogations under the Nitrate Pollution Prevention Regulations 2008E+W+S

84D.—(1) Regulations 48 (assessment of implications for European site) and 49 (considerations of overriding public interest) apply in relation to the granting of a derogation under Part 3A of the Nitrate Pollution Prevention Regulations 2008.

(2) Where regulations 48 and 49 apply, the competent authority may, if they consider any adverse effects of the plan or project on the integrity of a European site or European offshore marine site would be avoided if the derogation were subject to conditions, grant the derogation, subject to those conditions.]

Textual Amendments

Discharge consents under water pollution legislationS

85.—(1) Regulations 48 and 49 (requirement to consider effect on European site) apply in relation to the giving of consent under—

(a)Chapter II of Part III to the Water Resources Act 1991(1) (control of pollution of water resources), F20...

F20(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where in such a case the competent authority consider that any adverse effects of the plan or project on the integrity of a European site would be avoided by making any consent subject to conditions, they may give consent, or cause it to be given, subject to those conditions.

(3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any such consent as is mentioned in paragraph (1).

(4) Where on the review of such a consent the competent authority consider that any adverse effects on the integrity of a European site of the carrying out or, as the case may be, the continuation of the activities authorised by it would be avoided by a variation of the consent, they may vary it, or cause it to be varied, accordingly.

Extent Information

E3This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

Commencement Information

I3Reg. 85 in force at 30.10.1994, see reg. 1(2)

Discharge consents under water pollution legislationE+W

85.—(1) Regulations 48 and 49 (requirement to consider effect on [F28European sites in Great Britain and European offshore marine sites]) apply in relation to the giving of consent under—

(a)Chapter II of Part III to the Water Resources Act 1991(1) (control of pollution of water resources) [F29.]

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where in such a case the competent authority consider that any adverse effects of the plan or project on the integrity of a European site [F30 or European offshore marine site] would be avoided by making any consent subject to conditions, they may give consent, or cause it to be given, subject to those conditions.

(3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any such consent as is mentioned in paragraph (1).

(4) Where on the review of such a consent the competent authority consider that any adverse effects on the integrity of a European site [F31or European offshore marine site] of the carrying out or, as the case may be, the continuation of the activities authorised by it would be avoided by a variation of the consent, they may vary it, or cause it to be varied, accordingly.

Textual Amendments

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