The Conservation of Habitats and Species Regulations 2010

Surveillance of conservation status of habitats and species

48.—(1) The appropriate authority must make arrangements in accordance with paragraphs (4) to (6) for the surveillance of the conservation status of natural habitat types of Community interest and species of Community interest, and in particular priority natural habitat types and priority species.

(2) In respect of the arrangements made by the Secretary of State under paragraph (1), the Secretary of State must, from time to time—

(a) consult the devolved administrations;

(b) provide the devolved administrations with such information as the Secretary of State considers appropriate that has been derived from the surveillance which has been arranged; and

(c) review those arrangements and, if appropriate, revise them.

(3) In respect of the arrangements made by the Welsh Ministers under paragraph (1), the Welsh Ministers must, from time to time—

(a) consult the Secretary of State and the other devolved administrations;

(b) provide the Secretary of State and the other devolved administrations with such information as the Welsh Ministers consider appropriate that has been derived from the surveillance which has been arranged; and

(c) review those arrangements and, if appropriate, revise them.

(4) The appropriate nature conservation body must—

(a) assess how and to what extent surveillance of the conservation status of each relevant habitat and species is to be carried out, having regard to—

(i) whether a habitat or species is a priority natural habitat type or priority species, and

(ii) the conservation status of the habitat or species; and

(b) advise the appropriate authority as to the need for such surveillance.

(5) The appropriate authority must ensure that the necessary surveillance is carried out on an ongoing basis.

(6) Surveillance for the purposes of this regulation may be carried out by—

(a) a nature conservation body;

(b) any other person acting pursuant to, and in accordance with, an agreement with the appropriate authority or a nature conservation body.

(7) In paragraph (4), a “relevant” habitat or species means a habitat or species of a type referred to in paragraph (1).

(8) In this regulation—

(a) “natural habitat types of Community interest” has the meaning given by Article 1(c) of the Habitats Directive; and

(b) “species of Community interest” has the meaning given by Article 1(g) of the Habitats Directive.