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The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995

S.R. 1995/380 · Made 5 October 1995

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

EUROPEAN COMMUNITIES

NATURE CONSERVATION

Made 5th October 1995

Coming into operation 13th November 1995

The Department of the Environment being a Department designatedf1for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to matters relating to the conservation of natural habitats and of wild fauna and flora, in exercise of the powers enabling it in that behalf, hereby makes the following Regulations:

Annotations to the whole text

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. 3Implementation of Directive
  5. 4Relevant authorities in relation to marine areas and European marine sites
  6. 5Competent authorities generally
  7. Part II: CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES
  8. European sites
  9. 6Selection of sites eligible for identification as of Community importance
  10. 7Adoption of list of sites: designation of special areas of conservation
  11. 8Consultation as to inclusion of site omitted from the list
  12. 9Meaning of “European site” in these Regulations
  13. Register of European sites
  14. 10Duty to compile and maintain a register of European sites
  15. 11Notice to landowners, district councils, etc.
  16. 12Entry in Statutory Charges Register
  17. Management agreements
  18. 13Management agreements
  19. 14Continuation in force of existing agreements, etc.
  20. Control of potentially damaging operations
  21. 15Declaration of potentially damaging operations
  22. 16Restriction on carrying out operations specified in declaration
  23. 17Supplementary provisions as to consents
  24. 18Provision as to existing notices and consents
  25. Compensation
  26. 19Compensation: payment
  27. 20Compensation: amount and assessment
  28. 21Compensation: procedural provisions
  29. 22Restoration where person convicted of an offence under regulation 16
  30. Byelaws
  31. 23Power to make byelaws
  32. 24Byelaws: limitation on effect
  33. 25Compensation for effect of byelaws
  34. 26Continuation in force of existing byelaws
  35. Power of acquisition
  36. 27Power of acquisition
  37. Special provisions as to European marine sites
  38. 28Marking of site and advice by the Secretary of State
  39. 29Management scheme for European marine site
  40. 30Direction to establish or amend management scheme
  41. 31Byelaws for protection of European marine site
  42. Miscellaneous
  43. 32Nature conservation policy in planning contexts
  44. Part III: PROTECTION OF SPECIES
  45. Protection of animals
  46. 33European protected species of animals
  47. 34Protection of wild animals of European protected species
  48. 35Exceptions from regulation 34
  49. 36Prohibition of certain methods of taking or killing wild animals
  50. Protection of plants
  51. 37European protected species of plants
  52. 38Protection of wild plants of European protected species
  53. Power to grant licences
  54. 39Grant of licences for certain purposes
  55. 40Licences: supplementary provisions
  56. 41False statements made for obtaining licence
  57. Part IV: ADAPTATION OF PLANNING AND OTHER CONTROLS
  58. Introductory
  59. 42Application of the provisions of this Part
  60. General provisions for protection of European sites
  61. 43Assessment of implications for European site
  62. 44Considerations of overriding public interest
  63. 45Review of existing decisions and consents, etc.
  64. 46Consideration on review
  65. 47Co-ordination where more than one competent authority involved
  66. 48Compensatory measures
  67. Planning
  68. 49Planning decisions
  69. 50Planning permission: duty to review
  70. 51Planning permission: consideration on review
  71. 52Effect of revocation or modification orders made on review
  72. 53Effect of discontinuance orders made on review
  73. 54Planning permission: supplementary provisions as to compensation
  74. 55General development orders
  75. 56General development orders: determination by Department
  76. 57Special development orders
  77. 58Simplified planning zones
  78. 59Enterprise zones
  79. 60Simplified planning zones and enterprise zones: supplementary provisions as to compensation
  80. 61Construction as one with planning legislation
  81. Roads
  82. 62Construction of roads
  83. Environmental controls
  84. 63Licences under Part II of the Pollution Control and Local Government (Northern Ireland) Order 1978
  85. 64Discharge consents under water pollution legislation
  86. Part V: SUPPLEMENTARY PROVISIONS
  87. Supplementary provisions as to potentially damaging operations
  88. 65Duties of Department of Agriculture with respect to European sites
  89. Supplementary provisions as to byelaws
  90. 66Enforcement of byelaws
  91. Supplementary provisions as to protection of species
  92. 67Enforcement
  93. 68Proceedings for offences: venue, time limits
  94. 69Power of court to order forfeiture
  95. 70Saving for other protective provisions
  96. General supplementary provisions
  97. 71Public inquiries
  98. 72Amendments
  99. Signature
  100. Schedule 1: Modifications of Schedule 6 to Local Government Act (Northern Ireland) 1972 for the purposes of Regulation 27(3)
  101. 1Paragraph 1
  102. 2Paragraph 2
  103. 3Paragraph 3
  104. 4Paragraph 4
  105. 5Paragraph 5
  106. 6Paragraph 6
  107. 7Paragraph 7
  108. 8Paragraph 8
  109. 9Paragraph 9
  110. 10Paragraph 10
  111. 11Paragraph 11
  112. 12Paragraph 12
  113. 13Paragraph 13
  114. 14Paragraph 14
  115. Schedule 2European Protected Species of Animals
  116. Schedule 3Animals which may not be taken or killed in certain ways
  117. Schedule 4European Protected Species of Plants
  118. Explanatory note