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

Supplementary provisions as to consents E+W

20.—(1) Where it appears to the appropriate nature conservation body that an application for consent under regulation 19(2)(a) relates to an operation which is or forms part of a plan or project which–

(a) is not directly connected with or necessary to the management of the site, and

(b) is likely to have a significant effect on the site (either alone or in combination with other plans or projects),

they shall make an appropriate assessment of the implications for the site in view of that site’s conservation objectives.

(2) In the light of the conclusions of the assessment, they may give consent for the operation only after having ascertained that the plan or project will not adversely affect the integrity of the site.

(3) The above provisions do not apply in relation to a site which is a European site by reason only of regulation 10(1)(c) (site protected in accordance with Article 5(4)).

(4) Where in any case, whether in pursuance of this regulation or otherwise, the appropriate nature conservation body have not given consent for an operation, but they consider that there is a risk that the operation may nevertheless be carried out, they shall notify the Secretary of State.

(5) They shall take such steps as are requisite to secure that any such notification is given at least one month before the expiry of the period mentioned in regulation 19(2)(c) (period after which operation may be carried out in absence of consent).

Extent Information

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

Commencement Information

I1 Reg. 20 in force at 30.10.1994, see reg. 1(2)

[F2 Chapter 2 of Part 2 of the 2004 Act 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) in subsection (2)(a) for “special interest,” there was substituted–

“significance in relation to the objectives of–

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

(ii) Council Directive 79/409/EEC on the conservation of wild birds as last amended by that Act”;

(ii) the reference to “international obligation” in subsection (2)(b) included the obligations set out in the Directives referred to in subsection (2)(a) of that section; and

(iii) in subsection (3)(b) for the words from “special interest” to “features,” there was substituted “ significance in relation to the objectives of the Directives referred to in subsection (2)(a) ”; 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

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)