The Conservation of Habitats and Species Regulations 2017

Register of European sites E+W

Register of European sites E+W

17.—(1) A register of European sites, in an appropriate format, must be compiled and maintained by—

(a) the Secretary of State, in relation to European sites in England; and

(b) the Welsh Ministers, in relation to European sites in Wales.

(2) The registers must include—

(a) special areas of conservation, as soon as they are designated by the appropriate authority;

(b) sites of Community importance [F1 which before exit day were] placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive, until they are designated as special areas of conservation;

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) areas classified pursuant to Article 4(1) or (2) of the old Wild Birds Directive or the new Wild Birds Directive, as soon as they are classified by the appropriate authority; and

(e) any site which has been proposed to the European Commission [F3 before exit day] until such time as regulation 8(1)(e)(i) or (ii) applies.

(3) The appropriate authority, in relation to the register for which that authority is responsible—

(a) may amend any entry;

(b) must remove any entry relating to a site which is no longer a European site; and

(c) must keep a copy available for public inspection at all reasonable hours and free of charge.

(4) An entry in the register in respect of a European site other than a European marine site is a local land charge.

Textual Amendments

F1 Words in reg. 17(2)(b) substituted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 14(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Reg. 17(2)(c) omitted (31.12.2020) by virtue of The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 14(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 17(2)(e) substituted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 14(c); 2020 c. 1, Sch. 5 para. 1(1)

Notification of changes to the register E+W

18.—(1) As soon as possible after including a European site in the register or amending an entry in the register, the appropriate authority must notify the appropriate nature conservation body and send to that body a copy of the new or amended entry.

(2) As soon as possible after removing an entry from the register, the appropriate authority must notify the appropriate nature conservation body.

(3) The nature conservation bodies must keep a copy of the register entries relating to European sites in their area available for public inspection at all reasonable hours and free of charge.

(4) In this regulation, and in regulation 19, “the register” means the register of European sites provided for by regulation 17.

Notice to landowners and other bodies E+W

19.—(1) As soon as practicable after a nature conservation body receives notification under regulation 18 in relation to a European site, it must give notice to—

(a) every owner or occupier of land within that site;

(b) every local planning authority in whose area that site, or any part of it, is situated;

(c) the Marine Management Organisation, if that site is a European marine site; and

(d) such other persons as the appropriate authority may direct.

(2) Where, under paragraph (1), a nature conservation body gives notice to a person that a site has been included in the register, or that a register entry relating to a site has been amended, the nature conservation body must provide that person with a copy of the register entry.

(3) In paragraph (2), the register entry a copy of which must be provided to the person mentioned in that paragraph—

(a) in the case of notice given under paragraph (1)(a), is the register entry (or that part of an entry) which relates to the land owned or occupied by that person; and

(b) in the case of notice given under paragraph (1)(b), is the register entry (or that part of an entry) which relates to the land within that person's area.

(4) The appropriate authority may give directions as to the form and content of notices under this regulation.