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Regulation 19 Application of Chapters 2, 3 and 4 of Part 2 of the 2004 ActF1F2I1

England, Wales and Scotland

(1)

Subject to paragraph (2) and regulations 20 to 22, the following provisions of Part 2 of the 2004 Act apply, for the purposes of these Regulations, in relation to European sites–

(a)

Chapter 2 (nature conservation orders) and schedule 2 (nature conservation orders and related orders: procedure);

(b)

Chapter 3 (land management orders) and schedule 3 (land management orders and related orders: procedure); and

(c)

in Chapter 4–

(i)

section 39 (acquisition of land by SNH);

(ii)

section 40 (restoration orders);

(iii)

section 41 (signs, etc.);

(iv)

section 43 (powers of investigation etc.: police);

(v)

section 44 (powers of entry: authorised persons) and schedule 4 (powers of entry of authorised persons: further provision); and

(vi)

section 46 (offences: penalties and time limits);

(2)

For the purposes of these Regulations, any reference in the provisions referred to in paragraph (1)(a) to (c)–

(a)

to a “natural feature” shall be construed as if it was a reference to a “natural feature” within the meaning of regulation 2 of these Regulations;

(b)

to a “site of special scientific interest” shall be construed as if it was a reference to a European site;

(c)

to the 2004 Act or any Part thereof, shall be construed as if it was a reference to these Regulations;

(d)

to a term defined in the 2004 Act shall, unless the context otherwise requires, bear the same meaning as in that Act.

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. 19 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)