- Latest available (Revised)
- Point in Time (01/07/1999)
- Original (As made)
Version Superseded: 29/11/2004
Point in time view as at 01/07/1999. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Conservation (Natural Habitats, &c.) Regulations 1994, Section 44.
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.
44.—(1) Regulations 39, 41 and 43 do not apply to anything done for any of the following purposes under and in accordance with the terms of a licence granted by the appropriate authority.
(2) The purposes referred to in paragraph (1) are–
(a)scientific or educational purposes;
(b)ringing or marking, or examining any ring or mark on, wild animals;
(c)conserving wild animals or wild plants or introducing them to particular areas;
(d)protecting any zoological or botanical collection;
(e)preserving public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment;
(f)preventing the spread of disease; or
(g)preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries.
(3) The appropriate authority shall not grant a licence under this regulation unless they are satisfied–
(a)that there is no satisfactory alternative, and
(b)that the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range.
(4) For the purposes of this regulation “the appropriate authority” means–
(a)in the case of a licence under any of sub–paragraphs (a) to (d) of paragraph (2), the appropriate nature conservation body; and
(b)in the case of a licence under any of sub–paragraphs (e) to (g) of that paragraph, the agriculture Minister.
(5) The agriculture Minister shall from time to time consult with the nature conservation bodies as to the exercise of his functions under this regulation; and he shall not grant a licence of any description unless he has been advised by the appropriate nature conservation body as to the circumstances in which, in their opinion, licences of that description should be granted.
Commencement Information
I1Reg. 44 in force at 30.10.1994, see reg. 1(2)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.