OpenLegislation

Paragraph 10 Protected speciesI1

England and Wales As made

(1)

In the event that any protected or notable species which were not previously identified in the environmental statement are found at any time when carrying out the authorised development the undertaker must—

(a)

cease the relevant parts of the relevant works and report it immediately to the Ecological Clerk of Works; and

(b)

prepare a written scheme for the protection and mitigation measures of such protected or notable species when carrying out the authorised development.

(2)

The undertaker must implement the written scheme prepared under sub-paragraph (1)(b) immediately and any works in the area specified in the written scheme must not recommence until any necessary licences are obtained to enable mitigation measures to be implemented.

(3)

In this paragraph—

  • “Ecological Clerk of Works” means the individual appointed as such by the undertaker, as required by the First Iteration EMP;

  • “European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017f1; and

  • “protected species” means species which are subject to protection under the laws of England or which are European protected species.

Annotations

Commencement

I1

Sch. 2 para. 10 in force at 22.10.2025, see art. 1

Footnotes

f1

S.I. 2017/1012.