The Conservation of Habitats and Species Regulations 2017

JurisdictionEngland & Wales
CitationSI 2017/1012

2017 No. 1012

Wildlife

Countryside

The Conservation of Habitats and Species Regulations 2017

Made 30th October 2017

Laid before Parliament 31th October 2017

Coming into force 30th November 2017

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.

The Secretary of State and the Welsh Ministers make these Regulations in exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972 and paragraph 1A of Schedule 2 to that Act4, and by section 307(3) and (5) of the Criminal Justice Act 20035.

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/EECon the conservation of natural habitats and of wild fauna and flora6to 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 2017.

(2) These Regulations come into force on 30th November 2017.

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) (meaning of adjacent sea);

(b)

(b) regulations 9 and 10 (duties relating to compliance with the Directive and wild bird habitat, respectively), in so far as those regulations apply in relation to the exercise of a function which relates to a reserved matter (within the meaning of Schedule 5 to the Scotland Act 1998 (reserved matters)7);

(c)

(c) regulation 41(4) (national policy statement under Planning Act 20088);

(d)

(d) Chapter 1 of Part 6 (assessment of plans and projects: general provisions), in so far as that Chapter applies in relation to plans and projects—

(i) which do not relate to a matter specified in Chapters 2 to 9 of that Part, and

(ii) which relate to a reserved matter (within the meaning of Schedule 5 to the Scotland Act 1998);

(e)

(e) in regulation 70 (grant of planning permission)—

(i) paragraph (1)(e)(ii) and (iii) (deemed grant of planning permission under section 57(2) and (2A) of the Town and Country Planning (Scotland) Act 19979and section 5(1) of the Pipe-lines Act 196210);

(ii) paragraph 1(f) (variation of permission deemed to be granted under section 57(2) of the Town and Country Planning (Scotland) Act 1997), in so far as that paragraph relates to a direction under section 57(2ZA) of the Town and Country Planning (Scotland) Act 1997 (development with government authorisation)11; and

(iii) paragraph (2) in so far as that paragraph relates to sub-paragraph (1)(e)(ii) or (iii), or (1)(f) of that regulation;

(f)

(f) in regulation 71 (planning permission: duty to review), in paragraph (4)—

(i) sub-paragraph (b);

(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;

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

and paragraph (3) in so far as it relates to directions specified in those sub-paragraphs;

(g)

(g) regulations 84, 85 and 86(2) (development consent under Planning Act 2008);

(h)

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

(i)

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

(j)

(j) regulation 103 (marine works) in so far as it applies to the granting of a licence under Part 2 of the Food and Environment Protection Act 198512;

(k)

(k) regulation 110 (national policy statements under Planning Act 2008), and regulations 105, 107 and 109 in so far as they apply in relation to a national policy statement by virtue of regulation 110;

(l)

(l) regulation 112 (marine policy statement), in so far as it applies in relation to the exercise of any power by the Secretary of State, and regulations 105, 107 and 109 in so far as they apply to marine policy statements by virtue of regulation 112; and

(m)

(m) in Part 1 of Schedule 6 (consequential amendments to primary legislation)—

(i) sub-paragraphs (2) and (4) of paragraph 8 (amendment of section 123 of the Marine Act); and

(ii) sub-paragraph (1) of paragraph 8 in so far as it relates to sub-paragraph (2) and (4);

and regulation 139 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 1 (citation and commencement), 2 (extent), 3 (interpretation), 5 (nature conservation bodies), 7 (competent authorities) and 8 (European sites and European marine sites);

(b)

(b) Chapter 1 of Part 6 (assessment of plans and projects); and

(c)

(c) regulations 134, 135(3) and 138 (advisory role of the Joint Nature Conservation Committee, advisory role of Scottish Natural Heritage, notices, respectively).

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

(a)

(a) regulations 9 and 10, in so far as those regulations apply in relation to the exercise of a function which relates to an excepted matter (within the meaning given by section 4(1) of the Northern Ireland Act 199813);

(b)

(b) Chapter 1 of Part 6, in so far as that Chapter applies in relation to plans and projects—

(i) which do not relate to a matter specified in Chapters 2 to 9 of that Part; and

(ii) which relate to an excepted matter (within the meaning given by section 4(1) of the Northern Ireland Act 1998);

(c)

(c) regulation 103, in so far as it applies in relation to a marine licence under Part 4 of the Marine Act in respect of anything done in the course of carrying on an activity which relates to a matter which is an excepted matter by virtue of paragraph 4 of Schedule 2 to the Northern Ireland Act 1998 (defence of the realm etc.);

(d)

(d) regulation 112, in so far as it applies in relation to the exercise of any power by the Secretary of State, and regulations 105, 107 and 109 in so far as they apply to marine policy statements by virtue of regulation 112; and

(e)

(e) in Part 1 of Schedule 6—

(i) sub-paragraphs (2) and (4) of paragraph 8;

(ii) sub-paragraph (1) of paragraph 8 in so far as it relates to sub-paragraphs (2) and (4);

and regulation 139 in so far as it relates to those provisions.

(5) This regulation and regulations 1, 3, 5, 7, 8, 134 and 138 also extend to Northern Ireland in so far as they have effect in relation to the provisions specified in paragraph (4).

(6) Chapter 1 of Part 6 also extends to Northern Ireland in so far as it has effect for the purposes of regulation 103, to the extent that that regulation extends to Northern Ireland by virtue of paragraph (4)(c).

(7) The amendment of any enactment by regulation 139 and Part 2 of Schedule 6 (consequential amendments to secondary legislation) has the same extent as the enactment amended.

(8) The revocation of any enactment by regulation 140 and Schedule 7 (revocations) has the same extent as the enactment revoked.

Interpretation
S-3 Interpretation

Interpretation

3.—(1) In these Regulations—

the 1949 Act” means the National Parks and Access to the Countryside Act 194914;

“the 2010 Regulations” means the Conservation of Habitats and Species Regulations 201015;

“the Offshore Marine Conservation Regulations” means the Conservation of Offshore Marine Habitats and Species Regulations 201716;

“the appropriate authority” means the Secretary of State in relation to England and the Welsh Ministers in relation to Wales (but see modifications of the meaning of that term in regulations 9(4) and 10(12)(a), and modifications of references to that term in regulations 69(1)(b), (3)(c), (5) and (8)(b), 97(6), 110(3)(b) and 112(3)(c)), and any person exercising any function of the Secretary of State or the Welsh Ministers;

“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 (definitions);

“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 Scottish Ministers, and, in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

“the Directives” means the Habitats Directive and the new Wild Birds Directive;

“enactment” includes a local enactment and an enactment contained in subordinate legislation, and “subordinate legislation” has the same meaning as in the Interpretation Act 197817;

“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 regulation 8(3) (European sites and European marine sites);

“European offshore marine site” means a European offshore marine site within the meaning of regulation 18 of the Offshore Marine Conservation Regulations (meaning of European offshore marine site);

“European site” has the meaning given by regulation 8;

“functions” includes powers and duties;

“the Habitats Directive” means Council Directive 92/43/EECon the conservation of natural habitats and of wild fauna and flora18;

“land” includes land covered by water;

“local planning authority”...

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