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

Interpretation and application E+W

2.—(1) In these Regulations–

[F1 “the 2007 Regulations” means the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007;]

“agriculture Minister” means F2 ... the Secretary of State;

[F3 “British fishery limits” has the meaning given by the Fishery Limits Act 1976;]

“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;

[F3 “the EC Treaty” means the Treaty establishing the European Community;]

“enactment” includes a local enactment and an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978(1);

[F3 “European offshore marine site” means a European offshore marine site within the meaning of regulation 15 (meaning of European offshore marine site) of the 2007 Regulations;]

“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” has the meaning given by paragraph (2A);]

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

“livestock” includes any animal which is kept–

(a)

for the provision of food, skins or fur,

(b)

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

(c)

for the provision or improvement of shooting or fishing;

“local planning authority” means–

(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 1990(2), and

(b)

in Scotland, a planning authority within the meaning of section 172(1) of the Local Government (Scotland) Act 1973(3);

“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;

“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;

[F3 “the offshore marine area” means—

(a)

any part of the seabed and subsoil situated in any area designated under section 1(7) of the Continental Shelf Act 1964; and

(b)

any part of the waters within British fishery limits (except the internal waters of, and the territorial sea adjacent to, the United Kingdom, the Channel Islands and the Isle of Man);]

[F3 “offshore marine installation” means any artificial island, installation or structure (other than a ship) which is situated—

(a)

in any part of the waters in any area designated under section 1(7) of the Continental Shelf Act 1964; or

(b)

in any part of the waters in any area designated under section 84(4) of the Energy Act 2004;]

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

[F3 “premises” includes land (including buildings), movable structures, vehicles, vessels, aircraft and other means of transport;]

“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;

[F3 “sample” means a sample of blood, tissue or other biological material;]

“statutory undertaker ” has the same meaning as in the National Parks and Access to the Countryside Act 1949(4);

[F5 “the Wild Birds Directive” has the meaning given by paragraph (2A);]

(2) 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”.

[F6 (2A) In these Regulations—

(a) subject to sub-paragraph (b)—

(i) “the Habitats Directive” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora; and

(ii) “the Wild Birds Directive” means Council Directive 79/409/EEC on the conservation of wild birds;

(b) any reference to any Annex to the Habitats Directive is a reference to that Annex as amended from time to time.

(2B) Any reference to a numbered provision of these Regulations is—

(a) in relation to England and Wales, to the provision of that number which has effect in England and Wales; and

(b) in relation to Scotland, to the provision of that number which has effect in Scotland.]

(3) In these Regulations, unless otherwise indicated–

(a) any reference to a numbered regulation or Schedule is to the regulation or Schedule in these Regulations which bears that number, and

(b) any reference in a regulation or Schedule to a numbered paragraph is to the paragraph of that regulation or Schedule which bears that number.

(4) 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.

(5) For the purposes of these Regulations the territorial waters of the United Kingdom adjacent to Great Britain shall be treated as part of Great Britain and references to England, Wales and Scotland shall be construed as including the adjacent territorial waters.

For the purposes of this paragraph–

(a) territorial waters include any waters landward of the baselines from which the breadth of the territorial sea is measured; and

(b) any question as to whether territorial waters are to be treated as adjacent to England, Wales or Scotland shall be determined by the Secretary of State F7 ....

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 Words in reg. 2(1) inserted (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(2)(a) (with reg. 9)

F2 Words in reg. 2(1) omitted (E.W.) (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(2)(b) (with reg. 9)

F3 Words in reg. 2(1) inserted (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(2)(d) (with reg. 9)

F4 Words in reg. 2(1) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(2)(c) (with reg. 9)

F5 Words in reg. 2(1) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(2)(e) (with reg. 9)

F6 Reg. 2(2A)(2B) inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(3) (with reg. 9)

F7 Words in reg. 2(5)(b) omitted (E.W.) (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(4) (with reg. 9)

Commencement Information

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

Interpretation and application S

2.—(1) In these Regulations–

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

[F1 “the 2007 Regulations” means the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007;]

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

[F3 “British fishery limits” has the meaning given by the Fishery Limits Act 1976;]

“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;

[F3 “the EC Treaty” means the Treaty establishing the European Community;]

“enactment” includes a local enactment and an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978(1);

[F3 “European offshore marine site” means a European offshore marine site within the meaning of regulation 15 (meaning of European offshore marine site) of the 2007 Regulations;]

“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;

[F9 “the Habitats Directive” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora as amended from time to time;]

[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–

(a)

for the provision of food, skins or fur,

(b)

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

(c)

for the provision or improvement of shooting or fishing;

“local planning authority” means–

(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 1990(2), and

(b)

in Scotland, a planning authority within the meaning of section 172(1) of the Local Government (Scotland) Act 1973(3);

“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–

(a)

any of its flora or fauna, or

(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;

[F3 “the offshore marine area” means—

(a)

any part of the seabed and subsoil situated in any area designated under section 1(7) of the Continental Shelf Act 1964; and

(b)

any part of the waters within British fishery limits (except the internal waters of, and the territorial sea adjacent to, the United Kingdom, the Channel Islands and the Isle of Man);]

[F3 “offshore marine installation” means any artificial island, installation or structure (other than a ship) which is situated—

(a)

in any part of the waters in any area designated under section 1(7) of the Continental Shelf Act 1964; or

(b)

in any part of the waters in any area designated under section 84(4) of the Energy Act 2004;]

“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;

(4);

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

“the Wild Birds Directive” means Council Directive 79/409/EEC(5) on the conservation of wild birds [F13 as 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].

[F14 (1A) An animal shall not be treated as bred in captivity for the purposes of Part III of these Regulations unless its parents were lawfully held in captivity–

(a) where the animal is of a viviparous species, when it was born;

(b) where the animal is of an oviparous species, when the egg was laid.

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

(2) 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”.

[F15 ( 2B) Any reference to a numbered provision of these Regulations is—

(a) in relation to England and Wales, to the provision of that number which has effect in England and Wales; and

(b) in relation to Scotland, to the provision of that number which has effect in Scotland.]

(3) In these Regulations, unless otherwise indicated–

(a) any reference to a numbered regulation or Schedule is to the regulation or Schedule in these Regulations which bears that number, and

(b) any reference in a regulation or Schedule to a numbered paragraph is to the paragraph of that regulation or Schedule which bears that number.

(4) 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.

(5) For the purposes of these Regulations the territorial waters of the United Kingdom adjacent to Great Britain shall be treated as part of Great Britain and references to England, Wales and Scotland shall be construed as including the adjacent territorial waters.

For the purposes of this paragraph–

(a) territorial waters include any waters landward of the baselines from which the breadth of the territorial sea is measured; and

(b) any question as to whether territorial waters are to be treated as adjacent to England, Wales or Scotland shall be determined by the Secretary of State or, for any purpose in relation to which the Minister of Agriculture, Fisheries and Food has responsibility, by the Secretary of State and that Minister acting jointly.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F1 Words in reg. 2(1) inserted (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(2)(a) (with reg. 9)

F3 Words in reg. 2(1) inserted (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(2)(d) (with reg. 9)

F8 Words in reg. 2(1) inserted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 4(a)(i) (with regs. 20, 21)

F9 Words in reg. 2(1) substituted (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), regs. 2, 5(a)

F10 Words in reg. 2(1) substituted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 4(a)(iii) (with regs. 20, 21)

F11 Words in reg. 2(1) inserted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 4(a)(iv) (with regs. 20, 21)

F12 Words in reg. 2(1) substituted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 4(a)(v) (with regs. 20, 21)

F13 Words in reg. 2(1) inserted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 4(a)(vi) (with regs. 20, 21)

F14 Reg. 2(1A)(1B) inserted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 4(b) (with regs. 20, 21)

F15 Reg. 2(2B) inserted (S.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(3) (with reg. 9)

Commencement Information

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

(1)

1978 c. 30.

(2)

1990 c. 8.

(3)

1973 c. 65.

(4)

1949 c. 97.

(5)

O.J. No. L103, 25.4.79 p.1.