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STATUTORY INSTRUMENTS


2007 No. 1843

WILDLIFE

COUNTRYSIDE

The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007

  Made 22nd June 2007 
  Laid before Parliament 3rd July 2007 
  Coming into force in accordance with regulation 2

The Secretary of State is a Minister designated[1] for the purposes of making Regulations under section 2(2) of the European Communities Act 1972[2] in relation to measures relating to the conservation of natural habitats and of fauna and flora.

     These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972.

     It appears to the Secretary of State that it is expedient for any reference to an Annex to Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna[3] or to Council Directive 79/409/EEC on the conservation of wild birds[4] to be construed as a reference to that Annex as amended from time to time.

     In the exercise of powers conferred upon him by section 2(2)[5] of, and paragraph 1A[6] of Schedule 2 to, the European Communities Act 1972 and by section 307(3) and (5) of the Criminal Justice Act 2003[7], he makes the following Regulations:

Citation
     1. These Regulations may be cited as the Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007.

Commencement
     2. —(1) Subject to paragraph (2), these Regulations come into force on 21st August 2007.

    (2) Paragraph (21) of regulation 5 comes into force on 21st November 2007.

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

    (2) Regulations 1, 2 and 4 and this regulation also extend to Scotland so far as necessary.

    (3) In regulation 5, paragraphs (2)(a), (2)(d) (except in respect of the definitions "premises" and "sample"), (3) (in respect of the insertion of paragraph (2B) only), (6), (22), (23)(a), (c) and (d), (24)(b), (25) to (27), (29)(c) and (d), (30), (33) to (35), (37) to (39), (41), (42), (44), (45) and (61) also extend to Scotland.

    (4) Paragraphs (28), (29)(b), (32), (40), (47), (49) and (51) to (54) of regulation 5 extend to Scotland only.

    (5) Regulations 6 and 7 also extend to any place (except Scotland) to which the enactments they amend extend.

Interpretation
    
4. In these Regulations, "the 1994 Regulations" means the Conservation (Natural Habitats, &c.) Regulations 1994[8].

Amendments of the 1994 Regulations
     5. —(1) The 1994 Regulations are amended as follows.

    (2) In regulation 2[
9] (interpretation and application), in paragraph (1)—

    (3) After paragraph (2) of regulation 2 (interpretation and application) insert—

    (4) In paragraph (5)(b) of regulation 2 (interpretation and application), omit the words from "or, for any purpose" to the end.

    (5) In paragraph (2) of regulation 3 (implementation of Directive), omit the words ", the Minister of Agriculture, Fisheries and Food".

    (6) For regulation 4 (nature conservation bodies) substitute the following regulation—

    (7) In regulation 5 (relevant authorities in relation to marine areas and European marine sites)—

    (8) For regulation 9 (consultation as to inclusion of site omitted from the list) substitute the following regulation—

    (9) In regulation 10[19] (meaning of "European site" in the 1994 Regulations)—

    (10) In regulation 11[20] (duty to compile and maintain register of European sites), in paragraph (2), for sub-paragraph (e) substitute the following sub-paragraph—

    (11) In regulation 35 (direction to establish or amend management scheme), for paragraph (5) substitute the following paragraph—

    (12) After regulation 37 (nature conservation in planning contexts) insert the following regulations—

    (13) For regulation 39 (protection of wild animals of European protected species) substitute the following regulation—

    (14) For regulation 40[23] (exceptions from regulation 39) substitute the following regulation—

    (15) In regulation 41 (prohibition of certain methods of taking or killing wild animals)—

    (16) After regulation 41 (prohibition of certain methods of taking or killing wild animals) insert the following regulations—

    (17) For regulation 43 (protection of wild plants of European protected species) substitute the following regulation—

    (18) In regulation 44 (grant of licences for certain purposes)—

    (19) In regulation 45 (licences: supplementary provisions)—

    (20) In regulation 46 (false statements made for obtaining licence), in paragraph (2),—

    (21) After regulation 46 (false statements made for obtaining licence) insert the following regulation—

    (22) In regulation 47 (application of provisions of this Part)—

    (23) In regulation 48 (assessment of implications for European site)—

    (24) In regulation 49 (considerations of overriding public interest)—

    (25) In regulation 50 (review of existing decisions and consents, &c), in paragraph (1), after "European site" insert "or a European offshore marine site".

    (26) In regulation 52 (co-ordination where more than one competent authority involved), in sub-paragraphs (a) and (b) of paragraph (3), after "European site" insert "or a European offshore marine site".

    (27) In regulation 53 (compensatory measures), in paragraph (a), after "European site" insert "or European offshore marine site".

    (28) In regulation 53A[
33] (control of operations requiring consent)—

    (29) In regulation 54 (grant of planning permission)—

    (30) In regulation 56(3) (planning permission: consideration on review), after "European site" insert "or European offshore marine site".

    (31) In regulation 57(6) (effect of orders made on review: England and Wales), after "European site" insert "or European offshore marine site".

    (32) In regulation 58(6) (effect of orders made on review: Scotland), after "European site" insert "or European offshore marine site".

    (33) In regulation 60 (general development orders), in paragraph (1)(a), after "Great Britain" insert "or a European offshore marine site".

    (34) In regulation 62 (general development orders: approval of local planning authority), in paragraph (6)—

    (35) In regulation 64 (special development orders)—

    (36) After regulation 64 (special development orders) insert the following regulation—

    (37) After regulation 65 (simplified planning zones) insert the following regulation—

    (38) After regulation 66 (enterprise zones) insert the following regulation—

    (39) In regulation 69 (construction or improvement of highways or roads)—

    (40) In regulation 69A(1)[34] (core and other paths) for "European site" substitute "European sites in Great Britain and European offshore marine sites".

    (41) In regulation 71 (consents under Electricity Act 1989: application of general requirements)—

    (42) In regulation 75 (authorisations under the Pipe-lines Act 1962: application of general requirements)—

    (43) In regulation 79 (orders under the Transport and Works Act 1992: application of general requirements)—

    (44) In regulation 83 (authorisations under Part I of the Environmental Protection Act 1990)—

    (45) In regulation 84 (licences under Part II of the Environmental Protection Act 1990)—

    (46) In regulation 84A[36] (permits under the Pollution Prevention and Control (England and Wales) Regulations 2000) as it has effect in England and Wales—

    (47) In regulation 84A[37] (permits under the Pollution Prevention and Control (Scotland) Regulations 2000) as it has effect in Scotland—

    (48) After regulation 84A (permits under the Pollution Prevention and Control (England and Wales) Regulations 2000) insert the following regulation—

    (49) In regulation 84B[48] (abstraction and works authorised under water legislation) as it has effect in Scotland—

    (50) In regulation 85 (discharge consents under water pollution legislation)—

    (51) In regulation 85B[49] (assessment of implications for European site) as it has effect in Scotland—

    (52) In regulation 85C[50] (considerations of overriding public interest) as it has effect in Scotland—

    (53) In regulation 85D[51] (co-ordination for land use plan prepared by more than one planning authority) as it has effect in Scotland, in sub-paragraphs (a) and (b) of paragraph (3), after "European site", insert "or a European offshore marine site".

    (54) In regulation 85E[52] as it has effect in Scotland, after "European site" insert "or a European offshore marine site".

    (55) After Part IV (adaptation of planning and other controls), insert Part IVA as set out in Schedule 1.

    (56) In regulation 89 (payments under certain agreements offered by authorities), in paragraph (2)(a), omit the words "the Minister of Agriculture, Fisheries and Food and".

    (57) In regulation 101 (enforcement)—

    (58) After regulation 101[53] (enforcement) insert the following regulations—

    (59) In regulation 102 (proceedings for offences: venue, time limits), in paragraph (2), after "Summary proceedings for"—

    (60) After regulation 106 (offences by bodies corporate, &c) insert the following regulation—

    (61) After regulation 108 (service of notices) add the following regulations—

    (62) After Schedule 2 (European protected species of animals), insert Schedule 2A set out in Schedule 2 to these Regulations.

Amendment of the Conservation of Seals Act 1970
     6. In section 10 (power to grant licences) of the Conservation of Seals Act 1970[54]—

Amendment of the Wildlife and Countryside Act 1981
     7. —(1) The Wildlife and Countryside Act 1981[55] is amended as follows.

    (2) In section 1 (protection of wild birds, their nests and eggs)—

    (3) In section 6 (sale etc of live or dead wild birds, eggs etc), in subsection (5A), for the words "the Directive of the Council of the European Communities dated 2nd April 1979 (No 1979/409/EEC) on the conservation of wild birds" substitute "the Wild Birds Directive".

    (4) In section 9[56] (protection of certain wild animals), for subsection (4) substitute the following subsection—

    (5) In section 16 (power to grant licences), in subsection (9A), for the words "the Directive of the Council of the European Communities dated 2nd April 1979 (No 1979/409/EEC) on the conservation of wild birds" substitute "the Wild Birds Directive".

    (6) In section 27 (interpretation of Part I), before the definition of "wild plant" insert the following definition—

    (7) In Schedule 5[58] (animals which are protected)—

    (8) In Schedule 8[59] (plants which are protected)—

Amendment of the Countryside and Rights of Way Act 2000
     8. Omit sub-paragraph (a) of paragraph 5 of Schedule 12 to the Countryside and Rights of Way Act 2000[60].

Transitional provisions
     9. —(1) In relation to any offence alleged to have been committed under regulation 39(2)(a) of the 1994 Regulations before 21st November 2007, it shall be a defence for any person to show—

    (2) In relation to any offence alleged to have been committed under regulation 43(2)(a) of the 1994 Regulations before 21st November 2007, it shall be a defence for any person to show—

    (3) In this regulation—


Barry Gardiner
Parliamentary Under Secretary of State, Department for Environment, Food and Rural Affairs

22nd June 2007



SCHEDULE 1
Regulation 5(55)


Part IVA of the 1994 Regulations








SCHEDULE 2
Regulation 5(62)







EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Conservation (
Natural Habitats, &c.) Regulations 1994 ("the 1994 Regulations"), which make provision implementing Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna ("the Habitats Directive") (O.J. No. L206, 22.07.92, p.7). These Regulations generally extend only to England and Wales, and, in so far as they amend the 1994 Regulations in relation to England and Wales, corresponding amendments to the 1994 Regulations have been made in respect of Scotland by S.S.I. 2007/80. These Regulations make certain amendments, however, which extend to Scotland as well as to England and Wales; and certain other amendments which only extend to Scotland.

The definitions of "the Habitats Directive" and "the Wild Birds Directive" in regulation 2(1) of the 1994 Regulations are amended. References in the 1994 Regulations to the annexes to the Habitats Directive are now ambulatory.

Regulation 2(1) is also amended to include a definition of "European offshore marine site" and there are related amendments in regulations 5(22) to 5(54) which, amongst other things, insert references to European offshore marine sites and provide for the Joint Nature Conservation Committee to be consulted where such sites are involved. These amendments ensure that Part IV of the 1994 Regulations (and Part IVA as it applies to Scotland) apply in respect of certain plans and projects that are likely to have an adverse effect on a European offshore marine site. The effects of plans and projects that are carried out on or in the offshore marine area or on or in relation to an offshore marine installation are governed by the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007. Regulation 2(1) of the 1994 Regulations is amended to include related definitions.

Regulation 5 of the 1994 Regulations is amended so that National Park authorities become relevant authorities in relation to marine areas and European marine sites.

Regulation 5(8) substitutes a new regulation 9, which specifies the status of a site that has been omitted from the national list and which has subsequently been the subject of an agreement between the Secretary of State and the European Commission, following a consultation process, or the subject of a decision of the Council of the European Communities, in each case pursuant to Article 5 of the Habitats Directive.

Regulation 5(9) amends the definition of "European site" so that the provisions in the 1994 Regulations relating to European sites apply in relation to all sites in Great Britain in the list sent to the European Commission under Article 4(1) of the Habitats Directive (and not just such sites in England). Regulation 5(10) makes an amendment requiring such sites in Wales to be registered under regulation 11 of the 1994 Regulations.

Regulation 5(12) inserts new regulations 37A to 37E into the 1994 Regulations. New regulations 37A and 37B impose, amongst other things, duties on the Secretary of State and the Welsh Ministers to make arrangements for surveillance of the conservation status of natural habitat types of Community interest and species of Community interest and to take action in the light of that surveillance. Similarly, regulation 5(16) inserts new regulations 41A and 41B creating duties to make arrangements to monitor the incidental capture and killing of animals of the species listed in Annex IV(a) to the Habitats Directive and to take conservation measures in the light of that monitoring.

New regulation 37C makes it an offence for any person on board a ship to introduce into territorial waters any live animal or plant that is not native to Great Britain. New regulation 37D provides for licences to be granted in respect of such introductions, and new regulation 37E creates an offence of knowingly or recklessly furnishing false information for the purposes of obtaining such a licence.

Regulation 5(13) replaces regulation 39 of the 1994 Regulations. The principal changes here are as follows:

Regulation 5(14) substitutes a new regulation 40. The principal changes here are that the pre-existing defences in regulation 40 of the 1994 Regulations (with the exception of those relating to mercy killing and tending injured animals) are removed. New defences are provided relating to action taken for investigating etc offences under Part 3 of the 1994 Regulations and certain other enactments. The new regulation 43 (which is substituted by regulation 5(17)) also contains similar defences to offences relating to plants.

Regulation 5(15) amends regulation 41 of the 1994 Regulations to make it an offence to use any indiscriminate means of capturing or killing an animal of the species protected by regulation 41, which is capable of causing the local disappearance of, or serious disturbance to, such species.

Regulation 5(18) provides a new power to grant licences under regulation 44 of the 1994 Regulations for the taking or keeping of animals or plants of a European protected species under strictly supervised conditions.

Regulation 5(21) creates a new offence of breaching a licence condition.

Regulation 49(2)(b) of the 1994 Regulations is amended by regulation 5(24) to provide that, in the determination of whether there are imperative reasons of overriding public interest justifying a plan or project, the opinion of the European Commission is a matter to which the competent authority must have regard.

Regulation 5(48) inserts new regulation 84B into the 1994 Regulations so that certain authorisations under the Water Industry Act 1991 and the Water Resources Act 1991 are covered by Part IV.

Regulation 5(55) inserts a new Part IVA (appropriate assessments for land use plans) into the 1994 Regulations, containing new regulations 85A to 85E.

New regulation 85A provides that Part IVA extends to England and Wales only and defines "land-use plan" and "plan-making authority".

A plan-making authority must consider whether their land-use plan is likely to have a significant effect on a European site in Great Britain or a European offshore marine site. If any significant effect is not directly connected with or necessary to the management of the site, an appropriate assessment must be made of the implications for the site in view of that site's conservation objectives, undertaking any necessary consultation (new regulation 85B).

The plan-making authority is to give effect to the plan only after having ascertained that it will not adversely affect the integrity of the site (new regulation 85B(4)), unless they are satisfied that there are no alternative solutions and there are imperative reasons of overriding public interest as set out in new regulation 85C.

Where a plan-making authority propose to give effect to a plan notwithstanding a negative assessment, they must notify, in England, the Secretary of State or, in Wales, the Welsh Ministers (new regulation 85C(8)). The subsequent procedure is set out in new regulation 85C(9) and (10).

New regulation 85D provides for co-ordination where two or more local planning authorities prepare a joint local development document under section 28 of the Planning and Compulsory Act 2004.

In the event of a plan being given effect despite a negative assessment for reasons of overriding public interest, new regulation 85E requires that any necessary compensatory measures are to be taken to ensure that the overall coherence of Natura 2000 is protected.

Regulations 5(57) to 5(59) make amendments changing how the offences under Part 3 of the 1994 Regulations are to be enforced. For example, the powers of constables are extended to so that samples can be taken. Provision is made for the appointment of wildlife inspectors and they are given powers to investigate offences and whether licence conditions are being met. Finally, the time limit for bringing summary proceedings under regulation 102(1) is extended to cover all Part III offences.

Regulation 5(60) deals with application of criminal offences under Part III of the 1994 Regulations in relation to the Crown.

Regulation 6 amends section 10 of the Conservation of Seals Act 1970 to make it clear that there are other restrictions under the Habitats Directive on methods of killing or taking seals.

Regulations 7(7) and 7(8) respectively amend Schedules 5 and 8 to the Wildlife and Countryside Act 1981 to remove certain species from the protection given by sections 9(1), (2) and 13(1), and part of the protection provided under section 9(4), of that Act. Sections 9(1), (2) and (4) of the Wildlife and Countryside Act 1981 prohibit the killing, injuring and taking, possession and control and (in certain circumstances) disturbance of certain animals and protect their places of shelter and protection. Section 13(1) prohibits the uprooting of protected plants and, in some cases, also picking and destruction.

Regulation 7(6) updates the references to the Wild Birds Directive in the Wildlife and Countryside Act 1981 so that the Act refers to that Directive as last amended on the date these Regulations are made.

A number of other minor or consequential amendments are made, as well as a transitional provision, in regulation 9, relating to offences in regulation 39(2)(a) and 43(2)(a) of the 1994 Regulations.

A full Regulatory Impact Assessment of the effect that this instrument will have on the costs of business and the voluntary sector has been prepared in respect of these Regulations. A transposition note setting out how the amendments transpose the provisions of the Habitats Directive has also been prepared. Copies of both documents are available from the Wildlife Habitats and Biodiversity Division, Defra, Temple Quay, Bristol, BS1 6EB. In addition, copies of these documents have been placed in the libraries of both Houses of Parliament.


Notes:

[1] European Communities (Designation) (No. 4) Order 1992 (S.I. 1992/2870).back

[2] 1972 c.68.back

[3] Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora was last amended by Council Directive 2006/105/EC of 20 November 2006 adapting Directives 79/409/EEC, 92/43/EEC, 97/68/EC, 2001/80/EC and 2001/81/EC in the field of environment, by reason of the accession of Bulgaria and Romania (O.J. No. L363, 20.12.2006, p. 368; and see O.J. L80, 21.3.2007, p. 15, for the Corrigendum amending the original title).back

[4] Council Directive 79/409/EEC on the conservation of wild birds was last amended by Council Directive 2006/105/EC of 20 November 2006 adapting Directives 79/409/EEC, 92/43/EEC, 97/68/EC, 2001/80/EC and 2001/81/EC in the field of environment, by reason of the accession of Bulgaria and Romania (O.J. No. L363, 20.12.2006, p. 368; and see O.J. L80, 21.3.2007, p. 15, for the Corrigendum amending the original title).back

[5] In so far as these Regulations deal with matters that are within the devolved competence of Scottish Ministers (by virtue of section 53 of the Scotland Act 1998 (c.46)), the power of the Secretary of State to make regulations in relation to those matters in or as regards Scotland is preserved by section 57(1) of the Scotland Act 1998 .back

[6] Paragraph 1A was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).back

[7] 2003 c.44.back

[8] S.I. 1994/2716. The 1994 Regulations make provision for the purpose of implementing, for Great Britain, Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora. In relation to Wales, the functions of the Secretary of State under the 1994 Regulations were transferred to the National Assembly for Wales (with the exception of those under regulations 71 to 78) by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I 1999/672). By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c. 32), the relevant functions were transferred from the National Assembly for Wales to the Welsh Ministers. In relation to Scotland, the functions of the Secretary of State under the 1994 Regulations were, so far as they are exercisable within devolved competence, transferred to the Scottish Ministers by section 53 of the Scotland Act 1998. Relevant amendments to the 1994 Regulations are noted in footnotes below.back

[9] The definition of "the Habitats Directive" in regulation 2(1) of the 1994 Regulations was previously amended by regulation 2(2) of the Conservation (Natural Habitats, & c.) (Amendment) Regulations 1997 (S.I. 1997/3055).back

[10] S.I. 2007/1842.back

[11] Council Directive 92/43/EEC (OJ No. L206, 22.7.92, p.7).back

[12] 1976 c.86.back

[13] A consolidated version can be found at O.J. No. C321E, 29.12.06.back

[14] 1964 c.29. Section 1(7) was amended by the Oil and Gas (Enterprise) Act 1982 (c.23) section 37 and Schedule 3, paragraph 1. Areas have been designated under section 1(7) by S.I. 2000/3062 and 2001/3670.back

[15] 2004 c.20. An area has been designated under section 84(4) by S.I. 2004/2668.back

[16] Council Directive 79/409/EEC (OJ No. L103, 25.4.1979, p.1).back

[17] Council Directive 92/43/EEC (OJ No. L206, 22.7.92, p.7). The Directive was last amended by Council Directive 2006/105/EC of 20 November 2006 adapting Directives 79/409/EEC, 92/43/EEC, 97/68/EC, 2001/80/EC and 2001/81/EC in the field of environment, by reason of the accession of Bulgaria and Romania (O.J. No. L363, 20.12.2006, p. 368; and see O.J. L80, 21.3.2007, p. 15, for the Corrigendum amending the original title).back

[18] Council Directive 79/409/EEC (OJ No. L103, 25.4.1979, p.1). The Directive was last amended by Council Directive 2006/105/EC (referred to above).back

[19] Regulation 10(1)(e) was inserted by regulation 2 of the Conservation (Natural Habitats, &c.) (Amendment) (England) Regulations 2000 (S.I. 2000/192).back

[20] Regulation 11(2)(e) was inserted by regulation 2 of the Conservation (Natural Habitats, &c.) (Amendment) (England) Regulations 2000 (S.I. 2000/192).back

[21] 1981 c. 69. Section 14(5) and (6) of the Wildlife and Countryside Act 1981 were repealed by section 102 of, and Part IV of Schedule 16 to, the Countryside and Rights of Way Act 2000 (c.37).back

[22] O.J. No. L358, 31.12.02, p. 59.back

[23] Regulation 40(7) was amended by article 3 of, and paragraph 18(3) of the Schedule to, the Local Government Reorganisation (Wales) (Consequential Amendments) Order 1996 (S.I. 1996/525).back

[24] Sections 18C, 18E and 19XA were inserted into the 1981 Act by section 52 of, and paragraphs 1 and 3 of Schedule 5 to, the Natural Environment and Rural Communities Act 2006 (c.14).back

[25] Section 9(4) of the 1981 Act was amended by section 81(1) of, and paragraph 5(a) of Schedule 12 to, the Countryside and Rights of Way Act 2000 (c.37). Section 9(4A) was inserted by section 81(1) of, and paragraph 5(b) of Schedule 12 to, the Countryside and Rights of Way Act 2000. Section 11(1) of the 1981 Act was amended by section 2(2) of the Wildlife and Countryside (Amendment) Act 1991 (c.39). Section 11(1) was also amended by section 50 of, and paragraphs 1 and 10(1) to (5) of Schedule 6 to, the Nature Conservation (Scotland) Act 2004. Section 11(2) was amended by section 2(3) of the Wildlife and Countryside (Amendment) Act 1991 and by section 50 of, and paragraphs 1 and 10(5) and (6) of Schedule 6 to, the Nature Conservation (Scotland) Act 2004. Section 11(3) was substituted and subsections (3A) to (3E) were inserted by section 50 of, and paragraphs 1 and 10(1) and (6) of Schedule 6 to, the Nature Conservation (Scotland) Act 2004. Finally, section 17 was amended by section 102 of, and Part IV of Schedule 16, to the Countryside and Rights of Way Act 2000.back

[26] Regulation 39 was substituted in relation to Scotland by regulation 10 of the Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80). Regulation 41 was amended in relation to Scotland by regulation 12 of the same Regulations.back

[27] 1981 c.69.back

[28] S.I. 1997/1372. Regulation 8, which contains offences relating to the purchase and sale etc of specimens of certain species of animals and plants, was substituted by regulation 3 of the Control in Trade in Endangered Species (Enforcement) (Amendment) Regulations 2005 (S.I. 2005/1674).back

[29] Sections 18C, 18E and 19XA were inserted into the 1981 Act by section 52 of, and paragraphs 1 and 3 of Schedule 5 to, the Natural Environment and Rural Communities Act 2006 (c.16).back

[30] Regulation 43 was substituted in relation to Scotland by regulation 14 of the Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80).back

[31] 1981 c.69.back

[32] Regulation 8, which contains offences relating to the purchase and sale etc of specimens of certain species of animals and plants, was substituted by regulation 3 of the Control in Trade in Endangered Species (Enforcement) (Amendment) Regulations 2005 (S.I. 2005/1674).back

[33] Regulation 53A was inserted by regulations 3 and 16(b) of the Conservation (Natural Habitats. &c) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475).back

[34] Regulation 69A was inserted by section 99 of, and paragraphs 14 and 16 of Schedule 2 to, the Land Reform (Scotland) Act 2003 (asp2).back

[35] 1989 c.29.back

[36] Regulation 84A (as it has effect in England and Wales) was inserted by regulation 39, and paragraph 37 of Part 2 of Schedule 10 to, the Pollution Prevention and Control (England and Wales) Regulations 2000 (S.I. 2000/1973).back

[37] Regulation 84A (as it has effect in Scotland) was inserted by regulation 36 of, and paragraph 12 of Part 2 of Schedule 10 to, the Pollution Prevention and Control (Scotland) Regulations 2000 (S.S.I. 2000/323).back

[38] Section 27A of the WRA was inserted by section 6 of the Water Act 2003 (c..37).back

[39] Section 33A of the WRA was inserted by section 9 of the Water Act 2003 (c.37).back

[40] Section 24 of the WRA was amended by section 120 of, and paragraph 128 of Schedule 22 to, the Environment Act 1995 (c.25) and by section 60 of the Water Act 2003 (c.37).back

[41] Section 73 was amended by section 120 of, and paragraphs 128 and 139(2) and (3) of Schedule 22 to, the Environment Act 1995 (c.25).back

[42] Section 79A was inserted by section 120 of, and paragraph 140 of Schedule 22 to, the Environment Act 1995 (c.25), and amended by sections 64(3) and 101(2) of, and Schedule 9 to, the Water Act 2003 (c.37).back

[43] Section 166 of the WIA was amended by section 120 of, and paragraph 118 of Schedule 22 to, the Environment Act 1995 (c.25).back

[44] Section 164 of the WRA was amended by section 120 of, and paragraph 128 of Schedule 22 to, the Environment Act 1995 (c.25).back

[45] Section 168 of the WRA was amended by section 120 of, and paragraph 128 of Schedule 22, to the Environment Act 1995 (c.25).back

[46] 1991 c.56.back

[47] 1991 c.57.back

[48] Regulation 84B (as it has effect in Scotland) was inserted by regulation 20 of the Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80).back

[49] Regulation 85B (as it has effect in Scotland) was inserted by regulation 22 of and Schedule 1 to the Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80).back

[50] Regulation 85C (as it has effect in Scotland) was inserted by regulation 22 of and Schedule 1 to the Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80).back

[51] Regulation 85D (as it has effect in Scotland) was inserted by regulation 22 of and Schedule 1 to the Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80).back

[52] Regulation 85E (as it has effect in Scotland) was inserted by regulation 22 of and Schedule 1 to the Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80).back

[53] Regulation 101(2) was amended by article 9 of the Serious Organised Crime and Police Act 2005 (Powers of Arrest) (Consequential Amendments) Order 2005 (S.I. 2005/3389).back

[54] 1970 c.30. Section 10 has been amended by section 1(1)(b) and (7) of, and paragraph 10 of Schedule 1 to, the Nature Conservancy Act 1973 (c.54); sections 12 and 73 of, and paragraph 7 of Schedule 7 and Schedule 17 to, the Wildlife and Countryside Act 1981 (c.69); section 132 of, and paragraph 5 of Schedule 9 to, the Environmental Protection Act 1990 (c. 43); sections 76(1) and 102 of, and paragraph 4 of Part 2 of Schedule 10 to, and Part 3 of Schedule 16 to the Countryside and Rights of Way Act 2000 (c.37); section 57 of, and paragraph 3(a) of Schedule 7 to, the Nature Conservation (Scotland) Act 2004 (asp6); and section 105(1) of, and paragraph 57(1), (2) and (3) of Part 1 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c.14).back

[55] 1981 c.69. There are amendments to the Wildlife and Countryside Act 1981 (c.69) that are not relevant for the purposes of these Regulations, though relevant amendment are noted in footnotes below.back

[56] Section 9(4) of the Wildlife and Countryside Act 1981 (c.69) was amended by section 81(1) of, and paragraph 5(a) of Schedule 12 to, the Countryside and Rights of Way Act 2000 (c.37). Section 9(4A) was inserted into the Wildlife and Countryside Act 1981 (c. 69) by section 81(1) of, and paragraph 5(b) of Schedule 12 to, the Countryside and Rights of Way Act 2000 (c.37).back

[57] Council Directive 79/409/EEC (OJ No. L103, 25.4.1979, p.1). The Directive was last amended by Council Directive 2006/105/EC of 20 November 2006 adapting Directives 79/409/EEC, 92/43/EEC, 97/68/EC, 2001/80/EC and 2001/81/EC in the field of environment, by reason of the accession of Bulgaria and Romania (O.J. No. L363, 20.12.2006, p. 368; and see O.J. L80, 21.3.2007, p. 15, for the Corrigendum amending the original title).back

[58] The entries relating to the wild cat, dolphins (all species), the dormouse, porpoises (all species) and marine turtles (all species) were inserted by article 2 of the Wildlife and Countryside Act 1981 (Variation of Schedules) Order 1988, S.I. 1988/288. The entry relating to the sturgeon was inserted by article 2 of the Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) Order 1992 (S.I. 1992/2350).back

[59] The entry relating to the creeping marshwort was inserted by article 3 of the Wildlife and Countryside Act 1981 (Variation of Schedules) Order 1988 (S.I. 1988/288). The entries relating to the shore dock, the early gentian, the slender naiad, the floating water plantain and the marsh saxifrage were inserted by article 3 of the Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) Order 1992 (S.I. 1992/2350).back

[60] 2000 c.37.back

[61] 1990 c.8.back

[62] 1999 c.29.back

[63] 2004 c.5.back

[64] S.I. 2005/1229 (W.87) (C.56) has been amended. See, the Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential, Transitional and Savings Provisions) (Wales) Order 2005 (S.I. 2005/2722) (W.193) (C.110) and the Planning and Compulsory Purchase Act 2004 (Commencement No.4 and Consequential, Transitional and Savings Provisions) (Wales) (Amendment) Order 2006 (S.I. 2006/842) (W.77).back

[65] Sections 32 to 40 in Part 2 of the 1990 Act were substituted by section 27 of, and paragraph 17 of Schedule 4 to, the Planning and Compulsory Purchase Act 1991 (c.34). Part 2 of the 1990 Act was repealed by section 120 of, and Schedule 9 to, the Planning and Compulsory Purchase Act 2004, subject to transitional provisions in section 119 of, and Schedule 8 to, that Act.back

[66] The functions of the Secretary of State under sections 19(1), 35A(4) and 45(1) were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2; see entry in Schedule 1 for the Town and Country Planning Act 1990. Section 35A was inserted by section 27 of, and paragraphs 1 and 17 of Schedule 4 to, the Planning and Compensation Act 1991 (c.34). By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c. 32), the relevant functions were transferred from the National Assembly for Wales to the Welsh Ministers.back

[67] As substituted by section 27 of, and paragraphs 1 and 6 of Schedule 4 to, the Planning and Compensation Act 1991 (c.34).back

[68] As amended by sections 27 and 84(6) of, and paragraph 12(2) of Schedule 4 and Schedule 19 to, the Planning and Compensation Act 1991 (c.34).back

[69] As amended by section 27 of, and paragraphs 1 and 19(1) of Schedule 4 to, the Planning and Compensation Act 1991 (c.34).back

[70] A copy of this Finnish Act can be obtained from the Wildlife Species Conservation Division, Defra, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6EB.back


[a] Amended by Correction Slip. Page 9, regulation 5(13), in the substituted regulation 39(6)(a): paragraph (iii) should be re-numbered as paragraph (ii); and back
[b] Amended by Correction Slip. Page 29, regulation 7(7)(h), line nine, in the inserted entry of the amended Schedule 5, for the latin name for the Hawksbill Turtle: "Eretmochelys imbricate", should read, "Eretmochelys imbricata". back



ISBN 978 0 11 077716 0


 © Crown copyright 2007

Prepared 5 July 2007


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