The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/579 |
| Year | 2019 |
2019 No. 579
Exiting The European Union
Wildlife
The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019
Made 14th March 2019
Coming into force in accordance with regulation 1
The Secretary of State, with the consent of the Treasury, makes these Regulations in exercise of the powers conferred by section 8(1) and section 14(1) of, paragraph 1 of Schedule 4 and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 20181.
In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1
Introduction
Citation and commencement
1. These Regulations may be cited as the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.
PART 2
Amendment of primary legislation
Amendment of the Wildlife and Countryside Act 1981: England and Wales
2. In section 27 of the Wildlife and Countryside Act 19812, as it extends to England and Wales, in the definition of “wild bird”, after “visitor to”, insert “the United Kingdom or”.
PART 3
Amendments to the Conservation of Habitats and Species Regulations 2017
Amendment of the Conservation of Habitats and Species Regulations 2017
3. The Conservation of Habitats and Species Regulations 20173are amended as follows.
Amendment of regulation 3 (interpretation)
4.—(1) Regulation 3 is amended as follows.
(2) In paragraph (1)—
(a)
(a) after the definition of “marine area”, insert—
““the national site network” means the network of sites in the United Kingdom’s territory consisting of such sites as—
(a) immediately before exit day formed part of Natura 2000; or
(b) at any time on or after exit day are European sites, European marine sites and European offshore marine sites for the purposes of any of the retained transposing regulations;”;
(b)
(b) in the definition of “Natura 2000”, at the end insert “(but see paragraphs (10) and (11))”;
(c)
(c) after the definition of “officer”, insert—
““offshore marine area” has the meaning given by regulation 4(2) (Plans or projects relating to offshore marine area or offshore marine installations)”
(d)
(d) after the definition of “relevant licensing body”, insert—
““the requirements of the Directives” is to be interpreted in accordance with paragraphs (3) and (4) of regulation 3A;”;
(e)
(e) after the definition of “research”, insert—
““the retained transposing regulations”, means—
(i) the Offshore Marine Conservation Regulations 20174;
(ii) the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 19955;
(iii) the Conservation (Natural Habitats, &c.) Regulations 19946; and
(iv) these Regulations;
and “the other retained transposing regulations” means the retained transposing regulations other than these Regulations;;”;
(f)
(f) in the definition of “special area of conservation”, at the end, insert “, and includes any such site designated after exit day under the retained transposing regulations;”.
(g)
(g) After the definition of “the TCPA 1990”—
““the United Kingdom’s territory” means the United Kingdom and the offshore marine area;”;
(3) In paragraph (4), for “as amended from time to time”, substitute “as it had effect immediately before exit day, or as subsequently amended under regulation 144”.
(4) After paragraph (9), insert—
“10 For the purposes of these Regulations, and any guidance issued before exit day by the appropriate authority or the appropriate nature conservation body, relating to the application of these Regulations, on or after exit day, references to “Natura 2000” (other than in this regulation) are to be construed as references to the national site network.
11 Paragraph (10) does not affect the interpretation of these Regulations as they had effect, or any guidance as it applied, before exit day.”.
Insertion of new regulation 3A
5. After regulation 3, insert—
“Interpretation: the Directives
3A.—(1) The Habitats Directive is to be construed for the purposes of these Regulations as if—
(a)
(a) any reference to “the European territory of the Member States to which the Treaty applies” included a reference to the United Kingdom;
(b)
(b) any reference to “Member State” or “Member States” included a reference to the United Kingdom;
(c)
(c) any reference to “of Community interest” included, in relation to the United Kingdom, a reference to “of national interest”;
(d)
(d) in Article 1(d) and (h), references to “the Community” were references to “the European Union or the United Kingdom”; and
(e)
(e) in Article 1(l), the reference to “a site of Community importance designated by the Member State” included, in relation to the United Kingdom, a reference to a site of national importance designated under any of the retained transposing regulations.
(2) The new Wild Birds Directive is to be construed for the purposes of these Regulations as if—
(a)
(a) any reference to “the European territory of the Member States to which the Treaty applies” included a reference to the United Kingdom; and
(b)
(b) any reference to “Member State” or “Member States” included a reference to the United Kingdom.
(3) Any reference in these Regulations to “the requirements of the Directives” is to be construed as if the objectives of the Directives included the objectives referred to in regulation 16A(2).
(4) The appropriate authority may, after consultation with the appropriate nature conservation body and such other bodies or persons as it considers appropriate, issue guidance as to the interpretation of the requirements of the Directives.
(5) Any guidance issued under paragraph (4) must be published by the appropriate authority in such manner as it considers appropriate.”.
Amendments of regulation 8 (European sites and European marine sites)
6. In regulation 8(1)—
(a) in sub-paragraph (b), at the end insert “before exit day”;
(b) omit sub-paragraph (c);
(c) in sub-paragraph (d), after “classified”, insert “before exit day”, and after the closing parenthesis, insert “or classified after exit day under the retained transposing regulations”;
(d) in sub-paragraph (e)—
(i) after “which”, insert “before exit day”, and for “under regulation 12” substitute “ in accordance with Article 4(1) of the Habitats Directive”; and
(ii) for sub-paragraphs (i) and (ii) substitute—
“(i)
“(i) the site is designated as a special area of conservation under regulation 12 or under a corresponding provision in the other retained transposing regulations; or
(ii)
(ii) the appropriate authority gives the appropriate nature conservation body notice of its intention not to designate the site, setting out the reasons for its decision, in accordance with regulation 141A(3).”.
Amendment to regulation 9 (duties relating to compliance with the Directives)
7. In regulation 9, after paragraph (4) insert—
“4A In complying with their duties under paragraphs (1) and (3), the nature conservation body and a competent authority must have regard to any guidance issued under regulation 3A(4)—
(a) by the Secretary of State, in relation to England; or
(b) by the Welsh Ministers, in relation to Wales.”.
New regulation 9A
8. After regulation 9, insert—
“Reports
9A.—(1) Within six years from exit day, and at least every six years thereafter, the appropriate authority must publish, in such form as it sees fit, a report on the implementation of the measures taken for the purpose of giving effect to the provisions of the Directives, and the achievement of the objectives set out in Article 2 of the Habitats Directive and Articles 2 and 3 of the new Wild Birds Directive.
(2) The report under paragraph (1) must include in particular—
(a)
(a) information concerning conservation measures taken under Article 6(1) of the Habitats Directive;
(b)
(b) information on provisions mentioned in Article 12 of the new Wild Birds Directive;
(c)
(c) an evaluation of the impact of those conservation measures on the conservation status of the natural habitat types listed in Annex I of the Habitats Directive, and of the species listed in Annex II of that Directive; and
(d)
(d) the main results of the surveillance undertaken under Part 4 of these Regulations.
(3) Within, two years from the later of the date of publication of the last of the reports to be published—
(a)
(a) under paragraph (1); or
(b)
(b) within the relevant six-year period under any corresponding requirement of the other retained transposing regulations.
the Secretary of State must, publish a composite report.
(4) A composite report published under paragraph (3) must—
(a)
(a) be in such form as the Secretary of State sees fit;
(b)
(b) include an appropriate evaluation of the progress achieved and, in particular, of the contribution of the national site network to the achievement of the objective of enabling the natural habitat types listed in Annex I to the Habitats Directive, and the species listed in Annex II to that Directive, to be maintained at or, where appropriate, restored to, a favourable conservation status in their natural range; and
(c)
(c) be submitted in draft to the devolved administrations for verification.”.
Amendment of regulation 10 (duties in relation to wild bird habitat)
9. In regulation 10(8), for “area to which the new Wild Birds Directive applies” substitute “seaward limits of the...
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