Regulation 18 Notification of potentially damaging operationsF1F2I1
England, Wales and Scotland
Any person who intentionally or recklessly damages any natural feature by reason of which land is a European site is, subject to paragraph (2), guilty of an offence.
Any person who does anything which would, but for this paragraph, amount to an offence under paragraph (1) is not guilty of the offence if it is shown that–
the act was the incidental result of a lawful operation,
the person who carried out the lawful operation–
took reasonable precautions for the purpose of avoiding carrying out the act, or
did not foresee, and could not reasonably have foreseen, that the act would be an incidental result of the carrying out of the lawful operation, and
that person took such steps as were reasonably practicable in all the circumstances to minimise the damage caused.
Any person guilty of an offence under paragraph (1) is liable–
on summary conviction, to a fine not exceeding level 5 on the standard scale,
on conviction on indictment, to a fine.
Annotations
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)
- F2
Regs. 18-22 substituted (S.) for regs. 18-22 and cross-headings (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20, 21)
Commencement
- I1
Reg. 18 in force at 30.10.1994, see reg. 1(2)
Notes on Control of potentially damaging operations
Textual amendments
- F2
Regs. 18-22 substituted (S.) for regs. 18-22 and cross-headings (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20, 21)