The Conservation of Habitats and Species Regulations 2010

Control of potentially damaging operations

Notification of potentially damaging operations

19.—(1) This regulation and [F1regulation 21] apply where a notification is in force under section 28 M1 of the WCA 1981 (sites of special scientific interest) in relation to land which is or forms part of a European site.

(2) The appropriate nature conservation body may, for the purpose of securing compliance with the requirements of the [F2Directives], at any time [F3vary] the notification with respect to—

(a)the flora, fauna or geological or physiographical features by reason of which the land is of special interest; or

(b)any operations appearing to the appropriate nature conservation body to be likely to damage that flora or fauna or those features.

F4(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

M1Section 28 was substituted by the Countryside and Rights of Way Act 2000 (c. 37), paragraph 1 of Schedule 9, and amended by the Natural Environment and Rural Communities Act 2006 (c. 16), paragraph 79 of Schedule 11.

Restriction on carrying out operations specified in notification

F520.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Assessment of implications for European sites

21.—(1) Where it appears to the appropriate nature conservation body that [F6a notice of a proposal under section 28E(1)(a) of the WCA 1981] relates to an operation which is or forms part of a plan or project which—

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

(b)is not directly connected with or necessary to the management of that site,

they must make an appropriate assessment of the implications for that 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) This regulation does not apply in relation to a site which is a European site by reason of regulation 8(1)(c) (site protected in accordance with Article 5(4) of the Habitats Directive).

Textual Amendments

Notification of appropriate authority in case of risk

F722.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F8Sites of special scientific interest which become European sites: duty to review

23.—(1) This regulation applies where a consent for an operation has been given under section 28E(3)(a) of the WCA 1981 (or having effect as if given under that sectionin relation to land included in a site of special scientific interest which, after the date of that consent, becomes land within a European site.

(2) The appropriate nature conservation body must, as soon as reasonably practicable, review the consent and affirm, modify or withdraw it.

(3) Regulation 21 applies for the purposes of paragraph (2), with the following modifications—

(a)as if the reference in regulation 21(1) to a notice of a proposal under section 28E(1)(a) of the WCA 1981 were a reference to a consent under section 28E(3)(a) of that Act; and

(b)as if the reference to giving consent in regulation 21(2) were a reference to affirming that the consent should remain in force.]

Textual Amendments

Farm capital grants

24.—(1) Where an application for a farm capital grant is made as respects expenditure incurred or to be incurred for the purpose of activities on land within a European site, the appropriate authority—

(a)must, so far as may be consistent with the purposes of the grant provisions, exercise their functions so as to further the conservation of the flora, fauna, or geological or physiographical features by reason of which the land is a European site; and

(b)where the appropriate nature conservation body have objected to the making of the grant on the ground that the activities in question have destroyed or damaged or will destroy or damage that flora or fauna or those features, must not make the grant except after considering the objection.

(2) Where in consequence of an objection by the appropriate nature conservation body, an application for a grant as respects expenditure to be incurred is refused on the ground that the activities in question will have such an effect as is mentioned in paragraph (1)(b), the appropriate nature conservation body must, within three months of their receiving notice of the appropriate authority's decision, offer to enter into a management agreement—

(a)imposing restrictions as respects those activities, and

(b)providing for the making by them of payments to the applicant,

in the terms of a draft submitted to the applicant.

(3) In this regulation—

(a)“farm capital grant” means—

(i)a grant under a scheme made under section 29 of the Agriculture Act 1970 M2 (farm capital grants), or

(ii)a grant under regulations made under section 2(2) of the European Communities Act 1972 M3 to a person carrying on an agricultural business within the meaning of those regulations in respect of expenditure incurred or to be incurred for the purposes of or in connection with that business, being expenditure of a capital nature or incurred in connection with expenditure of a capital nature; and

(b)“grant provisions” means—

(i)in the case of a grant of a kind described in sub-paragraph (a)(i), the scheme under which the grant is made and section 29 of the Agriculture Act 1970, and

(ii)in the case of a grant of a kind described in sub-paragraph (a)(ii), the regulations under which the grant is made and the EU instrument in pursuance of which the regulations were made.

Marginal Citations