F1PART IICONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES

Control of potentially damaging operations

F2Application of Chapters 2, 3 and 4 of Part 2 of the 2004 Act19.

(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.