Regulation 139
1. In Part 1 (orders made on application to the Secretary of State) of Schedule 3 to the Harbours Act 1964 (procedure for making harbour revision and empowerment orders) M1, in paragraph 1 (interpretation), in paragraph (j) of the definition of “sensitive area” as it has effect in England and Wales, for “the Conservation of Habitats and Species Regulations 2010 (see regulation 8)” substitute “the Conservation of Habitats and Species Regulations 2017 (see regulation 8)”.
Marginal Citations
M11964 c. 40; paragraph (j) of the definition of “sensitive area” was substituted in relation to England and Wales by S.I 2010/490.
2. In section 5F of the Sea Fisheries (Shellfish) Act 1967 (protection of marine environment: supplementary provision) M2, in subsection (1), in the definition of “European marine site”, for “the Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490) (see regulation 8)” substitute “the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (see regulation 8)”.
Marginal Citations
M21967 c. 83; section 5F was inserted by the Environment (Wales) Act 2016 (anaw 3), Part 5, section 75.
3. In section 10 of the Conservation of Seals Act 1970 (power to grant licences) M3, in subsection (4A), for “regulation 43 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 45 of the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M31970 c. 30; subsection (4A) was inserted in relation to England and Wales by S.I. 2007/1843 and amended by S.I. 2010/490.
4. In section 105A of the Highways Act 1980 (environmental impact assessments) M4, in subsection (6)(i), for “the Conservation of Habitats and Species Regulations 2010 (see regulation 8)” substitute “the Conservation of Habitats and Species Regulations 2017 (see regulation 8)”.
Marginal Citations
M41980 c. 66; section 105A was inserted by S.I. 1988/1241 and substituted by S.I. 1999/369. Subsection (6) was amended by 2010/490.
5. In Schedule 4C of the TCPA 1990 (community right to build orders) M5, in sub-paragraph (5) of paragraph 6 (development likely to have significant effects on environment etc), in paragraph (b) of the definition of “qualifying European site”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M51990 c. 8; Schedule 4C was inserted by the Localism Act 2010 (c. 20), Schedule 11.
6. In section 16 of the Planning Act 2008 (electric lines) M6, in subsection (4), in the definition of “European site”, for “the Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490)” substitute “the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012)”.
Marginal Citations
M62008 c. 29; subsection (4) was substituted by S.I. 2013/1479.
7. In Part 3 (Tribunal-related and other appointments: appointments by the Lord Chancellor) of Schedule 14 to the Constitutional Reform Act 2005 (the judicial appointments commission: relevant offices and enactments) M7, in Table 1, in the column entitled “enactment”, for the entry “Regulation 34(3) of the Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490)” substitute “Regulation 36(4) of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012)”.
Marginal Citations
M72005 c. 4; the entry relating to regulation 34(3) of the Conservation of Habitats and Species Regulations 2010 was substituted in relation to England and Wales by S.I. 2010/490.
8.—(1) The Marine Act is amended as follows.
(2) In section 123 (creation of network of conservation sites) M8, in subsection (9), for paragraph (a)(ii) of the definition of “European marine site” substitute—
“(ii)the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (see regulation 8), or”.
(3) In section 158 (byelaws: supplementary provision) M9, in subsection (6)(d), for “the Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490) (see regulation 8)” substitute “the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (see regulation 8)”.
(4) In section 237 (enforcement of nature conservation legislation) M10, in subsection (2), for paragraphs (i) and (j) substitute—
“(i)regulations 43, 45, 47, 54, 59, 60 and 122(1) and (2) of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012);
(j)any byelaws or orders made by virtue of regulation 32 or 40 of those Regulations.”.
Marginal Citations
M8Subsection (9) was amended by S.I. 2010/490.
M9Subsection (6)(d) was amended by S.I. 2010/490.
M10Subsection (2) was amended by S.I. 2010/490.
9.—(1) The Public Gas Transporter Pipe-Line Works (Environmental Impact Assessment) Regulations 1999 M11 are amended as follows.
(2) In regulation 2 (interpretation), in sub-paragraph (i) of the definition of “sensitive area”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
(3) In regulation 3 (environmental statements), in paragraph (7), for “regulation 61 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 63 of the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M11S.I. 1999/1672, amended by S.I. 2017/582; there are other amending instruments but none is relevant.
10. In regulation 3C of the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999 (coordination) M12, for “regulation 21 or 61 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 24 or 63 of the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M12S.I. 1999/1783, amended by S.I. 2017/585; there are other amending instruments but none is relevant.
11.—(1) The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 M13 are amended as follows.
(2) In regulation 9A (co-ordination), in paragraph (2), for “regulation 61 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 63 of the Conservation of Habitats and Species Regulations 2017”.
(3) In paragraph 1 (interpretation) of Schedule 2 (description of projects likely to have significant effects on the environment), in sub-paragraph (h) of the definition of “sensitive area”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M13S.I. 1999/2228 amended by S.I. 2017/592; there are other amending instruments but none is relevant.
12. In regulation 3 of the Pipe-Line Works (Environmental Impact Assessment) Regulations 2000 (grant of pipe-line construction authorisation by Secretary of State in respect of relevant pipe-line works) M14, in paragraph (7), for “regulation 61 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 63 of the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M14S.I. 2000/1928, amended by S.I. 2007/1992 and 2017/582; there are other amending instruments but none is relevant.
13. In regulation 3 of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (exercise of functions of the Secretary of State and the Oil and Gas Authority) M15—
(a)in paragraph (1), for “the 2010 Regulations” substitute “the 2017 Regulations”;
(b)for paragraph (2) substitute—
“(2) In this regulation, the “2017 Regulations” means the Conservation of Habitats and Species Regulations 2017.”.
Marginal Citations
M15S.I. 2001/1754, amended by S.I. 2007/77. 2010/1513, 2016/912; there are other amending instruments but none is relevant.
14. In regulation 3C of the Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 (coordination) M16, for “regulation 21 or 61 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 24 or 63 of the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M16S.I. 2003/164, amended by S.I. 2017/583; there are other amending instruments but none is relevant.
15.—(1) The Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006 M17 are amended as follows.
(2) In regulation 2 (interpretation), in the definition of “the Habitats Regulations”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
(3) In regulation 3C (coordination of environmental assessments), for “regulation 21 or 61” substitute “regulation 24 or 63”.
(4) In regulation 17 (additional requirements relating to the Habitats Regulations), in paragraph (1),—
(a)for “regulations 41, 43 or 45” substitute “regulations 43, 45 or 47”;
(b)for “regulation 53” substitute “regulation 55”.
Marginal Citations
M17S.I. 2006/2522, amended by S.I. 2017/593; there are other amending instruments but none is relevant.
16. In paragraph 5 (express authorisation) of Schedule 1 to the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 (damage to protected species, natural habitats and sites of special scientific interest) M18—
(a)in the English language text, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”;
(b)in the Welsh language text, for “Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2010” substitute “Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2017”.
Marginal Citations
M18S.I. 2009/995 (W.81), amended by S.I. 2015/1937 (W.291); there are other amending instruments but none is relevant.
17. In the Schedule to the Marine Management Organisation (Prescription of Powers to Fix Fees and Charges) Order 2010 (table of prescribed powers to fix fees and charges) M19—
(a)in the first column—
(i)for “The Conservation of Habitats and Species Regulations 2010” substitute “The Conservation of Habitats and Species Regulations 2017”;
(ii)for the entry “Regulation 55(5)” substitute “Regulation 57(5)”;
(b)in the second column, in relation to the substituted entry “Regulation 57(5)”, for “regulation 53(1) for a purpose specified in any of sub-paragraphs (e) to (g) of paragraph (2) of that regulation, regulation 53(4) or regulation 54” substitute “regulation 55(1) for a purpose specified in any of sub-paragraphs (e) to (g) of paragraph (2) of that regulation, regulation 55(4) or regulation 56”.
Marginal Citations
F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 6 para. 18 revoked (26.2.2020) by The Merchant Shipping (Ship-to-Ship Transfers) Regulations 2020 (S.I. 2020/94), reg. 1, Sch. 4
19. In Schedule 2 to the Marine Strategy Regulations 2010 (enactments in relation to which duty in regulation 4 applies) M20, for the entry “The Conservation of Natural Habitats and Species Regulations 2010” substitute— “ The Conservation of Habitats and Species Regulations 2017 ”.
Marginal Citations
M20S.I. 2010/1627, to which there are amendments not relevant to these Regulations.
20. In Schedule 4 to the Port of Bristol (Deep Sea Container Terminal) Harbour Revision Order 2010 (application of permitted development rights) M21—
(a)in paragraph 2, for “regulation 73 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 75 of the Conservation of Habitats and Species Regulations 2017”;
(b)in paragraph 3(a), for “regulation 61” substitute “regulation 63”.
Marginal Citations
21.—(1) The Marine Licensing (Exempted Activities) Order 2011 M22 is amended as follows.
(2) In article 3 (interpretation), in the definition of “European site”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
(3) In article 26 (markers for European marine sites and marine conservation zones), in paragraph (1)(a), for “regulation 35(1) of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 37(1) of the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M22S.I. 2011/409, amended by S.I. 2013/526 and 2016/738.
22.—(1) The Marine Licensing (Exempted Activities) (Wales) Order 2011 M23 is amended as follows.
(2) In article 3 (interpretation)—
(a)in the English language text, in paragraph (a) of the definition of “European site”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”;
(b)in the Welsh language text, in paragraph (a) of the definition of “safle Ewropeaidd” for “Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2010” substitute “Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2017”.
(3) In article 25 (markers for European marine sites), in paragraph (1)(a)—
(a)in the English language text, for “regulation 35(1) of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 37(1) of the Conservation of Habitats and Species Regulations 2017”;
(b)in the Welsh language text, for “rheoliad 35(1) o Reoliadau Cadwraeth Cynefinoedd a Rhywogaethau 2010 (gosod arwyddion I ddynodi bodolaeth a ffiniau safle morol Ewropeaidd o fewn ystyr “European marine site” yn y Rheoliadau hynny” substitute “rheoliad 37(1) o Reoliadau Cadwraeth Cynefinoedd a Rhywogaethau 2017 (gosod arwyddion I ddynodi bodolaeth a ffiniau safle morol Ewropeaidd o fewn ystyr “European marine site” yn y Rheoliadau hynny”.
Marginal Citations
M23S.I. 2011/559 (W.81), amended by S.I. 2013/755 (W.90); there are other amending instruments but none is relevant.
23. In Part 1 of Schedule 2 to the Marine and Coastal Access Act 2009 (Transitional and Savings Provisions) Order 2011 M24, omit paragraph 12 (the Conservation of Habitats and Species Regulations 2010).
Marginal Citations
M24S.I. 2011/603, to which there are amendments not relevant to these Regulations.
24.—(1) In article 20 of the Associated British Ports (Grimsby Riverside Ro-Ro Terminal) Harbour Revision Order 2011 (disapplication of the Conservation of Habitats and Species Regulations) M25—
(a)in the heading, for “regulation 73 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 75 of the Conservation of Habitats and Species Regulations 2017”;
(b)in paragraph (1), for “Regulation 73 of the Conservation of Habitats and Species Regulations 2010” substitute “Regulation 75 of the Conservation of Habitats and Species Regulations 2017”;
(c)in paragraph (2)(a), for “regulation 61” substitute “regulation 63”.
Marginal Citations
25. In regulation 2 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (interpretation) M26, in paragraph (1), in sub-paragraph (g) of the definition of “sensitive area”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M26S.I. 2011/1824, which has been revoked by S.I. 2017/571, subject to transitional provisions.
26. In the Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 M27, omit regulation 9 (amendments to the Conservation of Habitats and Species Regulations 2010).
Marginal Citations
M27S.I. 2012/635, to which there are amendments not relevant to these Regulations.
27.—(1) The Neighbourhood Planning (General) Regulations 2012 M28 are amended as follows.
(2) In regulation 17 (submission of plan proposal to examination), in sub-paragraph (c)—
(a)for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”;
(b)for “regulation 102A” substitute “regulation 106”.
(3) In regulation 24 (submission of order proposal to examination), in sub-paragraph (d)—
(a)for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”;
(b)for “regulation 61(2)” substitute “regulation 63(2)”.
(4) In Schedule 2 (habitats)—
(i)in paragraph 1, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”;
(ii)omit paragraphs 2 to 5.
Marginal Citations
M28S.I. 2012/637, amended by S.I. 2017/571; there are other amending instruments but none is relevant.
28. In article 36 of the Hinkley Point Harbour Empowerment Order 2012 (disapplication of the Conservation of Habitats and Species Regulations) M29—
(a)in the heading, for “regulation 73 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 75 of the Conservation of Habitats and Species Regulations 2017”;
(b)in the words before sub-paragraph (a), for “Regulation 73 of the Conservation of Habitats and Species Regulations 2010” substitute “Regulation 75 of the Conservation of Habitats and Species Regulations 2017”;
(c)in sub-paragraph (a), for “regulation 61” substitute “regulation 63”.
Marginal Citations
29. In Part 3 (requirements) of Schedule 1 to the Brechfa Forest West Wind Farm Order 2013 (authorised project) M30, in sub-paragraph (1) of paragraph 1 (definitions), in the definition of “European Protected Species”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M30S.I. 2013/586, to which there are amendments not relevant to these Regulations.
30. In Schedule 2 to the Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013 (requirements) M31, in sub-paragraph (5) of paragraph 5 (landscape and ecology), for the definition of “European protected species” substitute—
““European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017.”.
Marginal Citations
M31S.I. 2013/675, to which there are amendments not relevant to these Regulations.
31. In the English and Welsh language texts of the Natural Resources Body for Wales (Functions) Order 2013 M32, in Schedule 4, omit paragraphs 365 to 373 and the heading to those paragraphs (Conservation of Habitats and Species Regulations 2010).
Marginal Citations
M32S.I. 2013/755 (W.90), to which there are amendments no relevant to these Regulations.
32. In Part 3 (requirements) of Schedule 1 (authorised project) to the Galloper Wind Farm Order 2013 M33, in sub-paragraph (3) of paragraph 33 (European protected species), for the definition of “European protected species” substitute—
““European protected species” has the same meaning as in regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017.”.
Marginal Citations
M33S.I. 2013/1203, to which there are amendments not relevant to these Regulations.
33.—(1) Regulation 13A of the Nitrate Pollution Prevention (Wales) Regulations 2013 (application for a derogation) M34 is amended as follows.
(2) In the words after paragraph (6)(b)—
(a)in the English language text, for “regulation 61 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 63 of the Conservation of Habitats and Species Regulations 2017”;
(b)in the Welsh language text, for “reoliad 61 o Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2010” substitute “reoliad 63 o Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2017”.
(3) In paragraph (15)(b)—
(a)in the English language text, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”;
(b)in the Welsh language text, for “Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2010” substitute “Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2017”.
Marginal Citations
M34S.I. 2013/2506 (W.245), amended by S.I. 2015/2020 (W.308).
34. In the Schedule to the Marine Licensing (Application Fees) Regulations 2014 (application bands and maximum fees (“CAPS”)) M35, in paragraph 2(3), in the definition of “European site”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M35S.I. 2014/615, to which there are amendments not relevant to these Regulations.
35. In Schedule 2 to the Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014 (model clauses for petroleum exploration and development licences) M36, in paragraph 22A (prohibition on hydraulic fracturing in protected areas in England and Wales), in sub-paragraph (2)(a)(ii), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M36S.I. 2014/1686, amended by S.I. 2016/1029; there are other amending instruments but none is relevant.
36.—(1) The Rampion Offshore Wind Farm Order 2014 M37 is amended as follows.
(2) In article 2 (interpretation), in the definition of “European Protected Species”, for “regulations 40 and 44 of the Conservation of Habitats and Species Regulations 2010” substitute “regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017”.
(3) In article 39 (procedure in relation to further approvals, etc.)—
(a)in paragraph (1), in the definition of “competent authority”, for “the Conservation of Habitats and Species Regulations 2010/490” substitute “the Conservation of Habitats and Species Regulations 2017/1012”;
(b)in paragraph (5), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M37S.I. 2014/1873, amended by 2015/1319; there is another amending instrument but it is not relevant.
37. In Schedule 2 to the A556 (Knutsford to Bowden Improvement) Development Consent Order 2014 (requirements) M38, in paragraph 1 (interpretation), for the definition of “European protected species” substitute—
““European protected species” has the same meaning as in regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017; and”.
Marginal Citations
M38S.I. 2014/2269, to which there is an amendment not relevant to these Regulations.
38. In Part 3 (requirements) of Schedule 1 to the Clocaenog Forest Wind Farm Order 2014 (authorised project) M39, in paragraph 1 (definitions), in the definition of “European protected species”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M39S.I. 2014/2441, to which there is an amendment not relevant to these Regulations.
39. In Schedule 2 to the Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014 (requirements) M40, in sub-paragraph (4) of paragraph 5 (landscape and ecology), for the definition of “European protected species” substitute—
““European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017.”.
Marginal Citations
M40S.I. 2014/2637, to which there is an amendment not relevant to these Regulations.
40. In article 16 of the Associated British Ports (Fisher Fleet Quay) Harbour Revision Order 2014 (disapplication of the Conservation of Habitats and Species Regulations) M41—
(a)in the heading, for “regulation 73 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 75 of the Conservation of Habitats and Species Regulations 2017”;
(b)in paragraph (1), for “Regulation 73 of the Conservation of Habitats and Species Regulations 2010” substitute “Regulation 75 of the Conservation of Habitats and Species Regulations 2017”;
(c)in paragraph (2)(a), for “regulation 61” substitute “regulation 63”.
Marginal Citations
41.—(1) The Able Marine Energy Park Development Consent Order 2014 M42 is amended as follows.
(2) In article 22 (authority to survey and investigate the land), in paragraph (6), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
(3) In Schedule 11 (requirements), in paragraph 31 (European protected species)—
(a)in sub-paragraph (2), for “regulation 53 (licences for certain activities relating to animals or plants) of the Conservation of Habitats and Species Regulations 2010”, substitute “regulation 55 (licences for certain activities relating to animals or plants) of the Conservation of Habitats and Species Regulations 2017”;
(b)in sub-paragraph (3), for “regulations 40 (European protected species of animals) and 44 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2010” substitute “regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M42S.I. 2014/2935 to which there are amendments not relevant to these Regulations.
42. In Part 3 (requirements) of Schedule 1 to the Walney Extension Offshore Windfarm Order 2014 (authorised project) M43, in sub-paragraph (3) of paragraph 30 (European protected species), for the definition of “European protected species” substitute—
““European protected species” has the same meaning as in regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017.”.
Marginal Citations
M43S.I. 2014/2950, to which there are amendments not relevant to these Regulations.
43. In regulation 5 of the Keeping and Introduction of Fish (Wales) Regulations 2014 (keeping fish) M44, in paragraph 4(ii)—
(a)in the English language text, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”;
(b)in the Welsh language text, for “Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2010” substitute “Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2017”.
Marginal Citations
M44S.I. 2014/3303 (W.336).
44. In Part 2 (requirements) of Schedule 1 to the Willington C Gas Pipeline Order 2014 M45, in paragraph 1 (interpretation), in the definition of “European protected species”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M45S.I. 2014/3328, amended by S.I. 2015/1616; there is another amending instrument but it is not relevant.
45. In regulation 5 of the Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015 (keeping fish) M46, in paragraph (4)(b), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
46. In Schedule 2 to the A160/A180 (Port of Immingham Improvement) Development Consent Order 2015 (requirements) M47, in paragraph 1 (interpretation), for the definition of “European protected species” substitute—
““European protected species” has the same meaning as in regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017; and”.
Marginal Citations
M47S.I. 2015/129, to which there are amendments not relevant to these Regulations.
47. In Schedule 2 to the Cornwall Council (A30 Temple to Higher Carblake Improvement) Order 2015) (requirements) M48, in sub-paragraph (5) of paragraph 4 (construction environmental management plan), for “regulations 40 (European protected species of animals) and 44 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2010” substitute “regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M48S.I. 2015/147, to which there are amendments not relevant to these Regulations.
48. In Part 3 (requirements) of Schedule 1 to the Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (authorised project) M49, in sub-paragraph (4) of paragraph 28 (European protected species: onshore) for “regulation 40 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 42 of the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M49S.I. 2015/318, to which there are amendments not relevant to these Regulations.
49. In the Schedule to the Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015 M50, omit paragraph 45 (Conservation of Habitats and Species Regulations 2010).
Marginal Citations
M50S.I. 2015/377, to which there are amendments not relevant to these Regulations.
50. In Schedule 2 to the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015 (prescription of consents) M51, in the table in Part 1—
(a)in the first column, for the entry “Conservation of Habitats and Species Regulations 2010” substitute “Conservation of Habitats and Species Regulations 2017”; and
(b)in the second column, for the entry “A licence under regulation 53 (licences for certain activities relating to animals or plants)” substitute “A licence under regulation 55 (licences for certain activities relating to animals or plants)”.
Marginal Citations
M51S.I. 2015/462, to which there are amendments not relevant to these Regulations.
51. In article 2 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (interpretation) M52, in paragraph (b) of the definition of “qualifying European site”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M52S.I. 2015/595, amended by S.I. 2017/571; there are other amending instruments but none is relevant.
52. In article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (permitted development) M53, in paragraph (1), for “regulations 73 to 76 of the Conservation of Habitats and Species Regulations 2010” substitute “regulations 75 to 78 of the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M53S.I. 2015/596, to which there are amendments not relevant to these Regulations.
53. In regulation 37 of the Nitrate Pollution Prevention Regulations 2015 (determination of application) M54, in paragraph (5), for “regulation 61 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 63 of the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M54S.I. 2015/668, to which there are amendments not relevant to these Regulations.
54. In Part 2 (requirements) of Schedule 1 to the Knottingley Power Plant Order 2015 (authorised development) M55, in sub-paragraph (5) of paragraph 24 (European protected species), for “regulations 40 and 44 of the Conservation of Habitats and Species Regulations 2010” substitute “regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M55S.I. 2015/680, to which there are amendments not relevant to these Regulations.
55. In paragraph 5 of Schedule 1 to the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (express authorisation of damage to protected species, natural habitats and sites of special scientific interest) M56, in sub-paragraph (e), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M56S.I. 2015/810, to which there are amendments not relevant to these Regulations.
56. In paragraph 10 (European protected species) to Schedule 2 to the White Moss Landfill Order 2015 (requirements) M57, in sub-paragraph (2), for “regulations 40 and 44 of the Conservation of Habitats and Species Regulations 2010” substitute “regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M57S.I. 2015/1317, to which there is an amendment not relevant to these Regulations.
57. In Schedule 2 to the Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015 (requirements) M58—
(a)in paragraph 1(1) (interpretation), in the definition of “European protected species”, for “regulations 40 and 44 of the Conservation of Habitats and Species Regulations 2010”, substitute “regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017”;
(b)in paragraph 25 (A1067 and Western Hall Road drainage), in sub-paragraph (2), for “the Conservation of Habitats and Species Regulations 2010”, substitute “the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M58S.I. 2015/1347, to which there is an amendment not relevant to these Regulations.
58. In article 19 of the Poole Harbour (Works) Revision Order 2015 (disapplication of the Conservation of Habitats and Species Regulations) M59—
(a)in the heading, for “regulation 73 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 75 of the Conservation of Habitats and Species Regulations 2017”;
(b)in paragraph (1), for “Regulation 73 of the Conservation of Habitats and Species Regulations 2010” substitute “Regulation 75 of the Conservation of Habitats and Species Regulations 2017”;
(c)in paragraph (2)(a), for “regulation 61” substitute “regulation 63”.
Marginal Citations
59. In Schedule 9 to the Preesall Underground Gas Storage Facility Order 2015 (requirements) M60, in paragraph 1 (interpretation)—
(a)for the definition of “the 2010 Regulations”, substitute—
““the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017;”;
(b)in the definition of “European protected species”, for “regulation 40 of the 2010 Regulations” substitute “regulation 42 of the 2017 Regulations”;
(c)in the definition of “European site”, for “the 2010 Regulations” substitute “the 2017 Regulations”.
Marginal Citations
M60S.I. 2015/1561, to which there are amendments not relevant to these Regulations.
60. In paragraph 19 of Schedule 2 to the Progress Power (Gas Fired Power Station) Order 2015 (European protected species) M61, in sub-paragraph (3), for “regulations 40 and 44 of the Conservation of Habitats and Species Regulations 2010” substitute “regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017.”
Marginal Citations
M61S.I. 2015/1570, to which there are amendments not relevant to these Regulations.
61. In Part 3 (requirements) of Schedule 1 to the Dogger Bank Teeside A and B Offshore Wind Farm Order 2015 (authorised project) M62, in sub-paragraph (4) of paragraph 35 (European protected species: onshore), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M62S.I. 2015/1592, to which there is an amendment not relevant to these Regulations.
62. In Schedule 2 to the Ferrybridge Multifuel 2 Power Station Order 2015 (requirements) M63, in sub-paragraph (3) of paragraph 18 (construction environmental management plan), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M63S.I. 2015/1832, to which there are amendments not relevant to these Regulations.
63. In the English and Welsh language texts of the Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2015 M64, omit regulation 7 (amendment of the Conservation of Habitats and Species Regulations 2010).
Marginal Citations
M64S.I. 2015/2020 (W.308).
64. In Schedule 2 to the A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (requirements) M65, in paragraph 1 (interpretation), for the definition of “European protected species” substitute—
““European protected species” has the same meaning as in regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017;”.
Marginal Citations
M65S.I. 2016/73, to which there is an amendment not relevant to these Regulations.
65. In Schedule 2 to the Palm Paper Mill Generating Station Order 2016 (requirements) M66, in sub-paragraph (6) of paragraph 14 (European protected species), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M66S.I. 2016/166, to which there are amendments not relevant to these Regulations.
66. In Part 2 (requirements) of Schedule 1 to the Thorpe Marsh Gas Pipeline Order 2016 (authorised development) M67, in paragraph 1 (interpretation), in the definition of “European protected species”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M67S.I. 2016/297, to which there are amendments not relevant to these Regulations.
67. In Schedule 2 to the A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (requirements) M68, in paragraph 1 (interpretation), for the definition of “European protected species” substitute—
““European Protected Species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017;”.
Marginal Citations
M68S.I. 2016/547, to which there are amendments not relevant to these Regulations.
68. In article 4 of the Fal Fishery Order 2016 (power to make regulations and to carry out fisheries management and development activities) M69, in paragraph (7)(a), for “regulation 8(4) of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 8(3) of the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
69. In article 16 of the York Potash Harbour Facilities Order 2016 (authority to survey and investigate the land) M70, in paragraph (6), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M70S.I. 2016/772, to which there is an amendment not relevant to these Regulations.
70. In Schedule 3 to the River Humber Gas Pipeline Replacement Order 2016 (requirements) M71, in sub-paragraph (2) of paragraph 19 (ecological surveys), for “regulation 53 (licences for certain activities relating to animals or plants) of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 55 (licences for certain activities relating to animals or plants) of the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M71S.I. 2016/853, to which there are amendment not relevant to these Regulations.
71. In Part 3 (requirements) of Schedule 1 to the Triton Knoll Electrical System Order 2016 (authorised project) M72, in sub-paragraph (4) of paragraph 20 (European protected species), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M72S.I. 2016/880, to which there are amendments not relevant to these Regulations.
72. In Part 1 (requirements) of Schedule 2 to the M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 M73, in paragraph 1 (interpretation), for the definition of “European protected species” substitute—
““European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017; and”.
Marginal Citations
M73S.I. 2016/863, to which there are amendments not relevant to these Regulations.
73.—(1) The Environmental Permitting (England and Wales) Regulations 2016 M74 are amended as follows.
(2) In Schedule 3 (exempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions)—
(a)in Part 2 (exempt water discharge activities: descriptions and conditions), in sub-paragraph (3)(a) of paragraph 1 (vegetation management activities), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”;
(b)in Part 3 (exempt groundwater discharge activities: descriptions and conditions), in sub-paragraph (4) of paragraph 5 (open-loop ground source heating and cooling systems), in paragraph (a) of the definition of “groundwater-fed wetland”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”;
(c)in Part 4 (exempt flood risk activities: descriptions and conditions), in sub-paragraph (4)(a) of paragraph 1 (general and interpretation), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
(3) In Schedule 10 (landfill), in sub-paragraph (2)(c)(i) of paragraph 2 (interpretation: general), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
(4) In Part 2 of Schedule 29, omit paragraph 34 (Conservation of Habitats and Species Regulations 2010).
Marginal Citations
74. In Part 3 of the Schedule to the Economic Growth (Regulatory Functions) Order 2017 (regulatory functions to which section 108 of the Deregulation Act 2015 applies) M75, under the heading “Agriculture”, for “Conservation of Habitats and Species Regulations 2010” substitute “Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M75S.I. 2017/267, as amended by S.I. 2017/595; there is another amending instrument but it is not relevant.
75. In regulation 14 of the Town and Country Planning (Brownfield Land Register) Regulations 2017 (exemptions for certain types of land) M76, in paragraph (5), in the definition of “qualifying European site”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
76. In Schedule 2 to the Keuper Underground Gas Storage Facility Order 2017 M77, in sub-paragraph (4) of paragraph 21 (European protected species), for “regulations 40 and 44 of the Conservation of Habitats and Species Regulations 2010 (as amended)” substitute “regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
77.—(1) The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2017 M78 are amended as follows.
(2) In paragraph (1) of regulation 2 (interpretation)—
(a)in the English language text, in the definition of “the Habitats Regulations”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”;
(b)in the Welsh language text, in the definition of “y Reoliadau Cynefinoedd” for “Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2010” substitute “Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2017”.
(3) In regulation 5 (thresholds), in paragraph (7)(c)—
(a)in the English language text, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Habitats Regulations”;
(b)in the Welsh language text, for “Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2010” substitute “o'r Reoliadau Cyneinoedd”.
(4) In regulation 16 (additional requirements relating to the Habitats Regulations)—
(a)in paragraph (1)—
(i)in the English language text, for “regulations 41, 43 or 45” substitute “regulations 43, 45 or 47”;
(ii)in the Welsh language text, for “reoliadau 41, 43, neu 45” substitute “reoliadau 43, 45 neu 47”;
(b)in paragraph (2)—
(i)in the English language text, for “regulation 53” substitute “regulation 55”;
(ii)in the Welsh language text, for “reoliadau 53” substitute “reoliadau 55”.
Marginal Citations
M78S.I. 2017/565 (W.134).
78.—(1) The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 M79 are amended as follows.
(2) In regulation 2 (interpretation), in paragraph (1)—
(a)in the English language text, in the definition of “European site”, for “regulation 8(3) of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 8(1) of the Conservation of Habitats and Species Regulations 2017”;
(b)in the Welsh language text, in the definition of “safle Ewropeaidd” for “reoliad 8(3) o Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2010” substitute “reoliad 8(1) o Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2017”.
(3) In regulation 26 (coordination of assessments), in paragraph (2)—
(a)in the English language text, for “regulation 61 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 63 of the Conservation of Habitats and Species Regulations 2017”;
(b)in the Welsh language text, for “reoliad 61 o Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2010” substitute “reoliad 63 o Reoliadau Gwarchod Cynefinoedd a Rhywogaethau 2017”.
Marginal Citations
M79S.I. 2017/567 (W.136).
79.—(1) The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 M80 are amended as follows.
(2) In regulation 2 (interpretation), in paragraph (1), in the definition of “European site”, for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
(3) In regulation 27 (co-ordination), in paragraph (2), for “regulation 61 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 63 of the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
M80S.I. 2017/571, to which there is an amendment not relevant to these Regulations.
80.—(1) The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 M81 are amended as follows.
(2) In regulation 26 (co-ordination), in paragraph (2), for “regulation 61 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 63 of the Conservation of Habitats and Species Regulations 2017”.
(3) In Schedule 3 (selection criteria for screening Schedule 2 development), in sub-paragraph (2) of paragraph (2) (location of development), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations
81.—(1) The Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017 M82 are amended as follows.
(2) In regulation 8 (co-ordination of environmental impact assessment with Habitats Regulations assessment), in paragraph (2), for “regulation 61 of the Conservation of Habitats and Species Regulations 2010” substitute “regulation 63 of the Conservation of Habitats and Species Regulations 2017”.
(3) In Schedule 2 (development requiring screening if no EIA report provided), in sub-paragraph (g) of paragraph 4 (meaning of “sensitive area”), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
(4) In Schedule 3 (selection criteria for screening development), in sub-paragraph (c)(vi) of paragraph 2 (location of development), for “the Conservation of Habitats and Species Regulations 2010” substitute “the Conservation of Habitats and Species Regulations 2017”.
Marginal Citations