The Conservation of Habitats and Species Regulations 2010

2010 No. 490

Wildlife

Countryside

The Conservation of Habitats and Species Regulations 2010

Made 1st March 2010

Laid before Parliament 8th March 2010

Coming into force in accordance with regulation 1(2), (3) and (4)

The Secretary of State is designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the environment, and the Welsh Ministers are designated3for those purposes in relation to the conservation of natural habitats and of wild fauna and flora.

In exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972 and paragraph 1A of Schedule 24to that Act, and by section 307(3) and (5) of the Criminal Justice Act 20035, the Secretary of State and the Welsh Ministers make these Regulations, the Welsh Ministers in relation to Wales, to the extent that they are designated to do so, and the Secretary of State in relation to every other aspect.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State and to the Welsh Ministers that it is expedient for any reference in these Regulations to an Annex to Council Directive 92/43/EEC(on the conservation of natural habitats and of wild fauna and flora6) to be construed as a reference to that Annex as amended from time to time.

1 INTRODUCTORY AND GENERAL PROVISIONS

PART 1

INTRODUCTORY AND GENERAL PROVISIONS

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Conservation of Habitats and Species Regulations 2010.

(2) Except as provided by paragraphs (3) and (4), these Regulations come into force on 1st April 2010.

(3) In regulation 6 (relevant authorities in relation to marine areas and European marine sites), paragraph (i) (inshore fisheries and conservation authority) comes into force immediately after section 153 of the Marine Act7(management of inshore fisheries) comes into force.

(4) The following provisions come into force immediately after section 134 of the Marine Act (orders for protection of marine conservation zones in Wales) comes into force (so far as not already brought into force)—

(a)

(a) paragraph (2) of regulation 38 (European marine sites: byelaws and orders), and paragraphs (3), (4) and (5) of that regulation in so far as they relate to paragraph (2); and

(b)

(b) paragraph (3) of regulation 133 (revocations), in so far as that paragraph relates to the revocation, as regards Wales, of—

(i) the entry “sections 36 and 37 of the Wildlife and Countryside Act 1981 (marine nature reserves),” in paragraph (3) of regulation 3 (implementation of Directive) of the 1994 Regulations8, and

(ii) regulation 36 (byelaws for protection of European marine site) of the 1994 Regulations.

Extent
S-2 Extent

Extent

2.—(1) Except as provided in this regulation, these Regulations extend to England and Wales only.

(2) The following provisions also extend to Scotland—

(a)

(a) regulation 3(8) (interpretation in relation to adjacent sea);

(b)

(b) regulation 9 (exercise of functions in accordance with Habitats Directive);

(c)

(c) regulation 39(4) (statement under Planning Act 20089);

(d)

(d) in regulation 68 (grant of planning permission)—

(i) paragraph (1)(e)(ii) and (iii) (deemed grant of planning permission under section 57(2) of the Town and Country Planning (Scotland) Act 199710and section 5(1) of the Pipe-lines Act 196211), and

(ii) paragraph (2) in so far as that paragraph relates to paragraph (1)(e)(ii) and (iii) of that regulation;

(e)

(e) in regulation 69 (planning permission: duty to review), in paragraph (3)—

(i) sub-paragraph (b) (direction under section 5(1) of the Pipe-lines Act 1962), and

(ii) sub-paragraph (d) in so far as that sub-paragraph relates to a direction under section 57(2) of the Town and Country Planning (Scotland) Act 1997;

(f)

(f) regulations 81, 82 and 83(2) (development consent under Planning Act 2008);

(g)

(g) Chapter 4 of Part 6 (electricity);

(h)

(h) Chapter 5 of Part 6 (pipe-lines);

(i)

(i) regulation 106 (national policy statements under Planning Act 2008), and regulations 102, 103 and 105 in so far as they apply in relation to a national policy statement by virtue of regulation 106; and

(j)

(j) in Schedule 6 (amendments of legislation)—

(i) sub-paragraph (3) of paragraph 5 (amendment of section 123 of the Marine Act),

(ii) sub-paragraph (5) of that paragraph (amendment of section 237 of that Act), and

(iii) paragraph 7 (amendment of the 2007 Regulations12),

and regulation 132 in so far as it relates to those provisions.

(3) The following provisions also extend to Scotland in so far as they have effect in relation to the provisions specified in paragraph (2)—

(a)

(a) regulations 3 (interpretation), 5 (nature conservation bodies), 7 (competent authorities) and 8 (European sites and European marine sites);

(b)

(b) Chapter 1 of Part 6 (general provisions in relation to Part 6 (assessment of plans and projects)); and

(c)

(c) regulations 128 (advisory role of the Joint Nature Conservation Committee), 129(3) (advisory role of Scottish Natural Heritage) and 131 (notices).

(4) The following provisions also extend to Northern Ireland—

(a)

(a) sub-paragraph (3) of paragraph 5 of Schedule 6 (amendment of section 123 of the Marine Act),

(b)

(b) sub-paragraph (5) of that paragraph (amendment of section 237 of that Act), and

(c)

(c) paragraph 7 of Schedule 6 (amendment of the 2007 Regulations),

and regulation 132 in so far as it relates to those provisions.

(5) Paragraph 6 of Schedule 6 (amendment of the 1994 Regulations), and regulation 132 in so far as it relates to that paragraph, extend to Scotland only.

(6) The revocation of an enactment by any provision of regulation 133 (revocations) or Schedule 7 (revocations) has the same extent as the enactment revoked, except that the following provisions do not extend to Scotland—

(a)

(a) paragraph (3) of that regulation, and paragraph (1) of that regulation so far as it relates to paragraph (3); and

(b)

(b) paragraph (4)(b) of that regulation and Part 2 of that Schedule.

Interpretation
S-3 Interpretation

Interpretation

3.—(1) In these Regulations—

“the 1949 Act” means the National Parks and Access to the Countryside Act 194913;

“the 1994 Regulations” means the Conservation (Natural Habitats, &c.) Regulations 199414;

“the 2007 Regulations” means the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 200715;

“the appropriate authority” means the Secretary of State in relation to England, and the Welsh Ministers in relation to Wales (but see modifications of that term in regulations 9(7), 67(1)(b) and (3)(c), 94(6) and 106(3)(b));

“competent authority” is to be construed in accordance with regulation 7 (competent authorities);

“conservation” has the meaning given by Article 1(a) of the Habitats Directive;

“conservation status” and “favourable conservation status” have the meanings given by paragraphs (e) (in relation to habitats) and (i) (in relation to species) of Article 1 of the Habitats Directive;

“destroy”, in relation to an egg, includes doing anything to the egg which is calculated to prevent it from hatching, and “destruction” is to be construed accordingly;

“the devolved administrations” means the Welsh Ministers, the Department of the Environment in Northern Ireland and the Scottish Ministers;

“enactment” includes a local enactment and an enactment contained in subordinate legislation, and “subordinate legislation” has the same meaning as in the Interpretation Act 197816(see section 21 of that Act);

“English inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to England;

“European marine site” has the meaning given by paragraph (4) of regulation 8 (European sites and European marine sites);

“European offshore marine site” means a European offshore marine site within the meaning of regulation 15 of the 2007 Regulations (meaning of European offshore marine site);

“European site” has the meaning given by regulation 8 (European sites and European marine sites);

“functions” includes powers and duties;

“the Habitats Directive” means Council Directive 92/43/EECon the conservation of natural habitats and of wild fauna and flora;

“land” includes land covered by water;

“local planning authority” means, except as otherwise provided, any authority having any function as a local planning authority or mineral planning authority under the TCPA 199017;

“management agreement” means an agreement made, or having effect as if made, under regulation 16 (management agreements);

“the Marine Act” means the Marine and Coastal Access Act 200918;

“marine area” means (subject to regulation 9(8)) the English inshore region and the Welsh inshore region;

“Natura 2000” means the European network of special areas of conservation, and special protection areas under the old Wild Birds Directive or the new Wild Birds Directive, provided for by Article 3(1) of the Habitats Directive;

“natural habitats” has the meaning given by Article 1(b) of the Habitats Directive;

“nature conservation body” and “appropriate nature conservation body” have the meaning given by regulation 5 (nature conservation bodies);

“the new Wild Birds Directive” means Directive 2009/147/ECof the European Parliament and of the Council on the conservation of wild birds19;

“officer”—

(a) in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, and

(b) in relation to an unincorporated body, means any member of its governing body or a chief executive, manager or other similar officer of the body;

“the old Wild Birds Directive” means Council Directive 79/409/EECon the conservation of wild birds20;

“priority natural habitat types” has the meaning given by Article 1(d) of the Habitats Directive;

“priority species” has the meaning...

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