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Habitats and Species Regulations 2017

Document Cited authorities 16 Cited in Related
AuthorWilliam Webster
Pages61-64

Chapter 5


Habitats and Species Regulations 2017

INTRODUCTION

5.1 This chapter deals with the Conservation of Habitats and Species Regulations 2017 (SI 2017/1012) (‘the Habitats Regulations 2017’)1which incorporate into the law in England and Wales the requirements of the EU Directives on: (a) the conservation of natural habitats and of wild fauna and flora;2

and (b) wild birds.3These Regulations are also liable to arise for consideration on applications involving wind and solar energy installations in view of the significant environmental effects of such development. The following is a brief overview of the provisions of the Habitats Regulations 2017 which came into force on 30 November 2017.4A more detailed analysis of these regulations is beyond the scope of this book.

1Also have regard to the Conservation of Offshore Marine Habitats and Species Regulations 2017

(SI 2017/1013) in relation to offshore wind farms. See reg.28 and the need to address potential adverse effects on site integrity; see also Chapter 8, Case Study XXI at paras 111–115 under the sub-para. ‘Offshore Ecology and Requirements of the Marine and Coastal Access Act 2009 and the Habitats Regulations 2017’.

2Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (Habitats Directive), as last amended by Council Directive 2013/17/EU of 13 May 2013.

3Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, replaced by the

Council Directive 2009/147/EC of 30 November 2009 of the European Parliament and of the Council on the conservation of wild birds (Birds Directive), as last amended by Council Directive 2013/17/EU of 13 May 2013.

4In summary, the Habitats Regulations 2017 provide for the designation and protection of

‘European sites’, the protection of ‘European protected species’, and the adaptation of planning and other controls for the protection of European sites. By reg.42 those species identified in Sch.2 and their breeding sites/resting places are protected. It is in relation to these species that a European Protected Species Licence is required. The extent of the revocations affecting the 2010 Regulations is very limited (see Sch.7 and Explanatory Note).

62 Renewable Energy from Wind and Solar Power

OVERVIEW OF THE HABITATS REGULATIONS 2017

5.2 They impose duties on public bodies (including planning authorities) to exercise their nature...

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