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

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. 2AInterpretation: the Directives
  5. 3Duties relating to compliance with the Directives
  6. 3ZAReports
  7. 3ADuties in relation to wild bird habitat
  8. 3BReview and guidance
  9. 4Nature conservation bodies
  10. 5Relevant authorities in relation to marine areas and European marine sites
  11. 6Competent authorities generally
  12. Part II: CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES
  13. European sites
  14. 7Duty to designate special areas of conservation
  15. 8Priorities for designating special areas of conservation
  16. 9Consultation as to inclusion of site omitted from the list Repealed
  17. 9ASpecial protection area: classification of sites
  18. 9BSpecial protection area: notification of proposal
  19. 9CSpecial protection area: hearing and representations in respect of a proposal
  20. 9DManagement objectives of the UK site network
  21. 10Meaning of “European site” in these Regulations
  22. Register of European sites
  23. 11Duty to compile and maintain register of European sites
  24. 12Notification to appropriate nature conservation body
  25. 13Notice to landowners, relevant authorities, &c.
  26. 14Local registration: England and Wales
  27. 15Local registers: Scotland
  28. Management agreements
  29. 16Management agreements
  30. 17Continuation in force of existing agreement, &c.
  31. Control of potentially damaging operations
  32. 18Notification of potentially damaging operations
  33. 19Application of Chapters 2, 3 and 4 of Part 2 of the 2004 Act
  34. 20Chapter 2 of Part 2 of the 2004 Act
  35. 21Chapter 3 of Part 2 of the 2004 Act
  36. Special nature conservation orders
  37. 22Chapter 4 of Part 2 of the 2004 Act
  38. Byelaws
  39. 28Power to make byelaws
  40. 29Byelaws: limitation on effect
  41. 30Compensation for effect of byelaws
  42. 31Continuation in force of existing byelaws
  43. Powers of compulsory acquisition
  44. Special provisions as to European marine sites
  45. 33Marking of site and advice by nature conservation bodies
  46. 34Management scheme for European marine site
  47. 35Direction to establish or amend management scheme
  48. Miscellaneous
  49. 37Nature conservation policy in planning contexts
  50. 37ASurveillance of conservation status of habitats and species
  51. Part III: PROTECTION OF SPECIES
  52. Protection of animals
  53. 38European protected species of animals
  54. 39Protection of wild animals of European protected species
  55. 40Exceptions from regulation 39
  56. 41Prohibition of certain methods of taking or killing wild animals
  57. 41AMonitoring incidental capture and killing
  58. Protection of plants
  59. 42European protected species of plants
  60. 43Protection of certain wild plants
  61. Power to grant licences
  62. 44Grant of licences for certain purposes
  63. 44ADelegation of licence granting power: Scotland
  64. 45Licences: supplementary provisions
  65. 46False statements made for obtaining licence
  66. 46AOffence of breaching licence condition
  67. Part IV: ADAPTATION OF PLANNING AND OTHER CONTROLS
  68. Introductory
  69. 47Application of provisions of this Part
  70. General provisions for protection of European sites
  71. 48Assessment of implications for European site
  72. 48ADirections as regards plans and projects
  73. 49Considerations of overriding public interest
  74. 50Review of existing decisions and consents, &c.
  75. 51Consideration on review
  76. 52Co–ordination where more than one competent authority involved
  77. 53Compensatory measures
  78. 53ZACompensatory measures for relevant offshore wind activity
  79. 53AControl of operations requiring consent
  80. Marine licences
  81. 53BMarine licences: duty to review
  82. Planning
  83. 54Grant of planning permission
  84. 55Planning permission: duty to review
  85. 56Planning permission: consideration on review
  86. 57Effect of orders made on review: England and Wales Repealed
  87. 58Effect of orders made on review: Scotland
  88. 59Planning permission: supplementary provisions as to compensation
  89. 60General development orders
  90. 61General development orders: opinion of appropriate nature conservation body
  91. 62General development orders: approval of local planning authority
  92. 63General development orders: supplementary
  93. 64Special development orders
  94. 65Simplified planning zones
  95. 65ASimplified planning zones and European offshore marine sites
  96. 66Enterprise zones
  97. 66AEnterprise zones and European offshore marine sites
  98. 67Simplified planning zones and enterprise zones: supplementary provisions as to compensation
  99. 67AGrant of development consent Repealed
  100. 67BDevelopment consent: review Repealed
  101. 68Interpretation
  102. Highways and roads
  103. 69Construction or improvement of highways or roads
  104. 69ACore and other paths
  105. 70Cycle tracks and other ancillary works
  106. Electricity
  107. 71Consents under Electricity Act 1989: application of general requirements Repealed
  108. 72Consents under the Electricity Act 1989: procedure on review Repealed
  109. 73Consents under Electricity Act 1989: effect of review Repealed
  110. 74Consents under Electricity Act 1989: compensation for revocation or variation Repealed
  111. Pipe–lines
  112. 75Authorisations under the Pipe–lines Act 1962: application of general requirements Repealed
  113. 76Authorisations under the Pipe–lines Act 1962: procedure on review Repealed
  114. 77Authorisations under the Pipe–lines Act 1962: effect of review Repealed
  115. 78Authorisations under the Pipe–lines Act 1962: compensation for revocation or variation Repealed
  116. Transport and works
  117. 79Orders under the Transport and Works Act 1992: application of general requirements
  118. 80Orders under the Transport and Works Act 1992: procedure on review
  119. 81Order under the Transport and Works Act 1992: effect of review
  120. 82Orders under the Transport and Works Act 1992: compensation for revocation or variation
  121. Environmental controls
  122. 83Authorisations under Part I of the Environmental Protection Act 1990 Repealed
  123. 84Permits or registrations under the Environmental Authorisations (Scotland) Regulations 2018
  124. 84APermits under the Pollution Prevention and Control (Scotland) Regulations 2012
  125. 84BAbstraction and works authorised under water legislation
  126. 84DDerogations under the Nitrate Pollution Prevention Regulations 2008
  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. Supplementary provisions as to byelaws
  140. 94Procedure for making byelaws, penalties, &c.
  141. 95Powers of entry
  142. 96Compensation: England and Wales Repealed
  143. 97Compensation: Scotland
  144. Supplementary provisions as to compulsory acquisition
  145. 98Supplementary provisions as to acquisition of land Repealed
  146. Supplementary provisions as to protection of species
  147. 100Attempts and possession of means of committing offence
  148. 101Enforcement
  149. 101AApplication of sections 19ZC and 19ZD of the Wildlife and Countryside Act 1981
  150. 102Proceedings for offences: venue, time limits
  151. 103Power of court to order forfeiture
  152. 104Saving for other protective provisions
  153. 104AApplication of criminal offences to the Crown
  154. General supplementary provisions
  155. 105Powers of drainage authorities
  156. 106Offences by bodies corporate, &c.
  157. 107Local inquiries
  158. 108Service of notices
  159. 109Advisory role of the JNCC
  160. 110Advisory role of Natural England, the Countryside Council for Wales and Scottish Natural Heritage
  161. 111Research
  162. 112Transitional provisions: EU exit
  163. 113Amendment of Schedules
  164. 114Amendment of the Annexes to the Directives
  165. 115Regulations
  166. Signature
  167. Schedule 1: PROCEDURE IN CONNECTION WITH ORDERS UNDER REGULATION 22 Repealed
  168. Coming into operation Repealed
  169. 1Paragraph 1 Repealed
  170. Publicity for orders Repealed
  171. 2Paragraph 2 Repealed
  172. Unopposed orders Repealed
  173. 3Paragraph 3 Repealed
  174. Opposed orders Repealed
  175. 4Paragraph 4 Repealed
  176. Restriction on power to amend orders or confirm them with modifications Repealed
  177. 5Paragraph 5 Repealed
  178. Notice of final decision on order Repealed
  179. 6Paragraph 6 Repealed
  180. Proceedings for questioning validity of orders Repealed
  181. 7Paragraph 7 Repealed
  182. Interpretation Repealed
  183. Schedule 2EUROPEAN PROTECTED SPECIES OF ANIMALS
  184. Schedule 2AEXCLUDED POPULATIONS OF CERTAIN SPECIES
  185. Schedule 3ANIMALS WHICH MAY NOT BE TAKEN OR KILLED IN CERTAIN WAYS
  186. Schedule 3A: PROHIBITED METHODS OF TAKING OR KILLING WILD ANIMALS
  187. 1Paragraph 1
  188. 2Paragraph 2
  189. 3Paragraph 3
  190. Schedule 4EUROPEAN PROTECTED SPECIES OF PLANTS
  191. Explanatory note