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The Conservation (Natural Habitats, &c.) Regulations 1994 in England

S.I. 1994/2716 · Made 20 October 1994 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 10 October 2026.

WILDLIFE

COUNTRYSIDE

Made 20th October 1994

Coming into force 30th October 1994

The Secretary of State for the Environment, as respects England, the Secretary of State for Wales, as respects Wales, and the Secretary of State for Scotland, as respects Scotland, being designatedf1 Ministers for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to measures relating to the conservation of natural habitats and of wild fauna and flora, in exercise of the powers conferred upon them by the said section 2 and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has been laid before and approved by a resolution of each House of Parliament:–C1C2C3C4

Annotations to the whole text

Textual amendments

F1

Regulations revoked (E.W.) (1.4.2010 except so far as relating to the revocation in relation to W. of reg. 36 and specified words in reg. 3(3), 12.12.2014 in so far as not already in force) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2)(4)(b), 133(3) (with regs. 125, 134)

Modifications

C1

Regulations applied (with modifications) by S.I. 1995/2803, Sch. 5 para. 20 (as inserted (E.W.) (1.4.1996) by The National Park Authorities (Wales) (Amendment) Order 1996 (S.I. 1996/534), art. 1, Sch. para. 2)

C2

Regulations: certain functions transferred (1.7.1999 immediately after the coming into force of Scotland Act 1998 (c. 46), s. 53) by The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), arts. 1(2), 2, Sch. 1

C3

Regulations applied (with modifications) (24.3.2005) by The New Forest National Park Authority (Establishment) Order 2005 (S.I. 2005/421), art. 1, Sch. 3 para. 11

C4

Regulations applied (with modifications) (12.6.2006) by The Town and Country Planning (Application of Subordinate Legislation to the Crown) (Scotland) Order 2006 (S.S.I. 2006/270), arts. 1(1), 15

Footnotes

f1

S.I. 1992/2870.

f2

1972 c. 68.

Contents

  1. Part I: INTRODUCTORY PROVISIONS
  2. 1Citation and commencement
  3. 2Interpretation and application
  4. 3Duties relating to compliance with the Directives
  5. 4Nature conservation bodies
  6. 5Relevant authorities in relation to marine areas and European marine sites
  7. 6Competent authorities generally
  8. Part II: CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES
  9. European sites
  10. 8Priorities for designating special areas of conservation
  11. 9Consultation as to inclusion of site omitted from the list Repealed
  12. 10Meaning of “European site” in these Regulations
  13. Register of European sites
  14. 11Duty to compile and maintain register of European sites
  15. 12Notification to appropriate nature conservation body
  16. 13Notice to landowners, relevant authorities, &c.
  17. 14Local registration: England and Wales
  18. 15Local registers: Scotland
  19. Management agreements
  20. 16Management agreements
  21. 17Continuation in force of existing agreement, &c.
  22. Control of potentially damaging operations
  23. 18Notification of potentially damaging operations
  24. 19Application of Chapters 2, 3 and 4 of Part 2 of the 2004 Act
  25. 20Chapter 2 of Part 2 of the 2004 Act
  26. 21Chapter 3 of Part 2 of the 2004 Act
  27. Special nature conservation orders
  28. 22Chapter 4 of Part 2 of the 2004 Act
  29. 23Restriction on carrying out operations specified in order Repealed
  30. 24Supplementary provisions as to consents Repealed
  31. 25Compensation for effect of notice Repealed
  32. 26Restoration where order contravened Repealed
  33. 27Continuation in force of existing orders, &c. Repealed
  34. 27AInterpretation Repealed
  35. Byelaws
  36. 28Power to make byelaws
  37. 29Byelaws: limitation on effect
  38. 30Compensation for effect of byelaws
  39. 31Continuation in force of existing byelaws
  40. Powers of compulsory acquisition
  41. 32Powers of compulsory acquisition Repealed
  42. Special provisions as to European marine sites
  43. 33Marking of site and advice by nature conservation bodies
  44. 34Management scheme for European marine site
  45. 35Direction to establish or amend management scheme
  46. 36Byelaws for protection of European marine site
  47. Miscellaneous
  48. 37Nature conservation policy in planning contexts
  49. 37ASurveillance of conservation status of habitats and species
  50. 37BProtection of certain animals and plants from exploitation Repealed
  51. 37CIntroduction of new species from ships Repealed
  52. 37DLicensing the introduction of new species Repealed
  53. 37EFalse statements made for obtaining a licence under regulation 37D Repealed
  54. Part III: PROTECTION OF SPECIES
  55. Protection of animals
  56. 38European protected species of animals
  57. 39Protection of wild animals of European protected species
  58. 40Exceptions from regulation 39
  59. 41Prohibition of certain methods of taking or killing wild animals
  60. 41AMonitoring incidental capture and killing
  61. 41BProtection from incidental capture and killing Repealed
  62. Protection of plants
  63. 42European protected species of plants
  64. 43Protection of certain wild plants
  65. Power to grant licences
  66. 44Grant of licences for certain purposes
  67. 45Licences: supplementary provisions
  68. 46False statements made for obtaining licence
  69. 46AOffence of breaching licence condition
  70. Part IV: ADAPTATION OF PLANNING AND OTHER CONTROLS
  71. Introductory
  72. 47Application of provisions of this Part
  73. General provisions for protection of European sites
  74. 48Assessment of implications for European site
  75. 49Considerations of overriding public interest
  76. 50Review of existing decisions and consents, &c.
  77. 51Consideration on review
  78. 52Co–ordination where more than one competent authority involved
  79. 53Compensatory measures
  80. Planning
  81. 54Grant of planning permission
  82. 55Planning permission: duty to review
  83. 56Planning permission: consideration on review
  84. 57Effect of orders made on review: England and Wales Repealed
  85. 58Effect of orders made on review: Scotland
  86. 59Planning permission: supplementary provisions as to compensation
  87. 60General development orders
  88. 61General development orders: opinion of appropriate nature conservation body
  89. 62General development orders: approval of local planning authority
  90. 63General development orders: supplementary
  91. 64Special development orders
  92. 64ALocal development orders Repealed
  93. 65Simplified planning zones
  94. 65ASimplified planning zones and European offshore marine sites
  95. 66Enterprise zones
  96. 66AEnterprise zones and European offshore marine sites
  97. 67Simplified planning zones and enterprise zones: supplementary provisions as to compensation
  98. 67AGrant of development consent Repealed
  99. 67BDevelopment consent: review Repealed
  100. 68Interpretation
  101. Highways and roads
  102. 69Construction or improvement of highways or roads
  103. 70Cycle tracks and other ancillary works
  104. Electricity
  105. 71Consents under Electricity Act 1989: application of general requirements Repealed
  106. 72Consents under the Electricity Act 1989: procedure on review Repealed
  107. 73Consents under Electricity Act 1989: effect of review Repealed
  108. 74Consents under Electricity Act 1989: compensation for revocation or variation Repealed
  109. Pipe–lines
  110. 75Authorisations under the Pipe–lines Act 1962: application of general requirements Repealed
  111. 76Authorisations under the Pipe–lines Act 1962: procedure on review Repealed
  112. 77Authorisations under the Pipe–lines Act 1962: effect of review Repealed
  113. 78Authorisations under the Pipe–lines Act 1962: compensation for revocation or variation Repealed
  114. Transport and works
  115. 79Orders under the Transport and Works Act 1992: application of general requirements
  116. 80Orders under the Transport and Works Act 1992: procedure on review
  117. 81Order under the Transport and Works Act 1992: effect of review
  118. 82Orders under the Transport and Works Act 1992: compensation for revocation or variation
  119. Environmental controls
  120. 83Authorisations under Part I of the Environmental Protection Act 1990 Repealed
  121. 84Permits or registrations under the Environmental Authorisations (Scotland) Regulations 2018
  122. 84APermits under the Pollution Prevention and Control (Scotland) Regulations 2012
  123. 84BAbstraction and works authorised under water legislation
  124. 84CMarine works Repealed
  125. 84DDerogations under the Nitrate Pollution Prevention Regulations 2008
  126. 84EDerogations under the Nitrate Pollution Prevention (Wales) Regulations 2008 Repealed
  127. 85Discharge consents under water pollution legislation
  128. Part IVA: APPROPRIATE ASSESSMENTS FOR LAND USE PLANS
  129. 85AInterpretation
  130. 85BAssessment of implications for European site
  131. 85CConsiderations of overriding public interest
  132. 85DCo-ordination for land use plan prepared by more than one planning authority
  133. 85ECompensatory measures
  134. 85FNational Policy Statements Repealed
  135. Part V: SUPPLEMENTARY PROVISIONS
  136. Supplementary provisions as to management agreements
  137. 86Powers of limited owners, &c. to enter into management agreements
  138. Supplementary provisions as to potentially damaging operations
  139. 87Carrying out of operation after expiry of period Repealed
  140. 88Duties of agriculture Ministers with respect to European sites Repealed
  141. 89Payments under certain agreements offered by authorities Repealed
  142. 90Powers of entry Repealed
  143. 91Compensation: amount and assessment Repealed
  144. 92Compensation: other supplementary provisions Repealed
  145. 93Compensation: procedural provisions Repealed
  146. Supplementary provisions as to byelaws
  147. 94Procedure for making byelaws, penalties, &c.
  148. 95Powers of entry
  149. 96Compensation: England and Wales Repealed
  150. 97Compensation: Scotland
  151. Supplementary provisions as to compulsory acquisition
  152. 98Supplementary provisions as to acquisition of land Repealed
  153. 99Powers of entry Repealed
  154. Supplementary provisions as to protection of species
  155. 100Attempts and possession of means of committing offence
  156. 101Enforcement
  157. 101AApplication of sections 19ZC and 19ZD of the Wildlife and Countryside Act 1981
  158. 101BOffences in connection with constables’ powers to take samples Repealed
  159. 101CWildlife inspectors Repealed
  160. 101DPowers of wildlife inspectors to enter premises Repealed
  161. 101EWildlife inspectors’ powers for examining specimens and taking samples Repealed
  162. 101FOffences in connection with wildlife inspectors’ enforcement powers Repealed
  163. 101GRestrictions on taking samples from live specimens Repealed
  164. 101HCodes of practice Repealed
  165. 101IAdvice and assistance from nature conservation bodies Repealed
  166. 102Proceedings for offences: venue, time limits
  167. 103Power of court to order forfeiture
  168. 104Saving for other protective provisions
  169. General supplementary provisions
  170. 105Powers of drainage authorities
  171. 106Offences by bodies corporate, &c.
  172. 106AApplication of criminal offences to the Crown Repealed
  173. 107Local inquiries
  174. 108Service of notices
  175. 109Advisory role of the JNCC
  176. 110Advisory role of Natural England, the Countryside Council for Wales and Scottish Natural Heritage
  177. Signature
  178. Schedule 1: PROCEDURE IN CONNECTION WITH ORDERS UNDER REGULATION 22 Repealed
  179. Coming into operation Repealed
  180. 1Paragraph 1 Repealed
  181. Publicity for orders Repealed
  182. 2Paragraph 2 Repealed
  183. Unopposed orders Repealed
  184. 3Paragraph 3 Repealed
  185. Opposed orders Repealed
  186. 4Paragraph 4 Repealed
  187. Restriction on power to amend orders or confirm them with modifications Repealed
  188. 5Paragraph 5 Repealed
  189. Notice of final decision on order Repealed
  190. 6Paragraph 6 Repealed
  191. Proceedings for questioning validity of orders Repealed
  192. 7Paragraph 7 Repealed
  193. Interpretation Repealed
  194. 8Paragraph 8 Repealed
  195. Schedule 2EUROPEAN PROTECTED SPECIES OF ANIMALS
  196. Schedule 2AEXCLUDED POPULATIONS OF CERTAIN SPECIES
  197. 1Paragraph 1
  198. 2Paragraph 2
  199. 3Paragraph 3
  200. Schedule 4EUROPEAN PROTECTED SPECIES OF PLANTS
  201. Explanatory note