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The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2019, ISBN 9780111179512

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.

Draft Regulations laid before Parliament under paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, for approval by resolution of each House of Parliament.

Exiting The European Union

Wildlife

Made ***

Coming into force in accordance with regulation 1

The Secretary of State, with the consent of the Treasury, makes these Regulations in exercise of the powers conferred by section 8(1) and section 14(1) of, paragraph 1 of Schedule 4 and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 2018f1.

In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2018 c. 16.

Contents

  1. Part 1: Introduction
  2. 1Citation and commencement
  3. Part 2: Amendment of primary legislation
  4. 2Amendment of the Wildlife and Countryside Act 1981: England and Wales
  5. Part 3: Amendments to the Conservation of Habitats and Species Regulations 2017
  6. 3Amendment of the Conservation of Habitats and Species Regulations 2017
  7. 4Amendment of regulation 3 (interpretation)
  8. 5Insertion of new regulation 3A
  9. 6Amendments of regulation 8 (European sites and European marine sites)
  10. 7Amendment to regulation 9 (duties relating to compliance with the Directives)
  11. 8New regulation 9A
  12. 9Amendment of regulation 10 (duties in relation to wild bird habitat)
  13. 10Amendments of regulations 12 to 13
  14. 11Omission of Regulation 14 (consultation as to inclusion of site omitted from the list)
  15. 12Amendment of regulation 15 (classification of sites as special protection areas)
  16. 13Insertion of new regulation 16A
  17. 14Amendment of regulation 17 (register of European sites)
  18. 15Amendment of regulation 24 (assessment of implications for European sites)
  19. 16Amendment of regulation 29 (assessment of implications for European sites after service of stop notice)
  20. 17Amendment of regulation 44 (protection of certain wild animals: defences)
  21. 18Amendment of regulation 45 (prohibition of certain methods of capturing or killing wild animals)
  22. 19Amendment of regulation 48 (protection of certain wild plants: defences)
  23. 20Amendment of regulation 50 (surveillance of conservation status of habitats and species)
  24. 21Amendment to regulation 51 (protection of certain animals and plants from exploitation)
  25. 22Amendment of regulation 53 (protection from incidental capture and killing)
  26. 23Amendment of regulation 55 (licences for certain activities relating to animals or plants)
  27. 24Amendment of regulation 63 (assessment of implications for European sites and European offshore marine sites)
  28. 25Amendment of regulation 64 (considerations of overriding public interest)
  29. 26Amendment of regulation 107 (considerations of overriding public interest)
  30. 27Amendment of regulation 116 (powers of entry: wildlife inspectors)
  31. 28Amendment to regulation 136 (research)
  32. 29Insertion of new regulation 141A
  33. 30Insertion of new regulations 143 to 145
  34. 31Insertion of new Schedule 4A
  35. Part 4: Amendments to the Conservation of Offshore Marine Habitats and Species Regulations 2017
  36. 32Amendment of the Conservation of Offshore Marine Habitats and Species Regulations 2017
  37. 33Amendment of regulation 2 (interpretation)
  38. 34Amendment of regulation 6 (duty of competent authorities)
  39. 35Amendment of regulation 7 (list of sites eligible for identification as of Community importance)
  40. 36New regulation 7A
  41. 37Amendment of regulation 8 (notification of a proposal)
  42. 38Amendment of regulations 9 to 11
  43. 39Amendment of regulation 12 (classification of sites as special protection areas)
  44. 40Amendment of regulation 13 (classification of sites in the Scottish offshore region and the Welsh offshore region as special protection areas)
  45. 41Amendment to regulations 15 to 17 (hearings)
  46. 42Amendment of regulation 18 (meaning of “European offshore marine site”)
  47. 43Insertion of new regulation 18A
  48. 44Amendment of regulation 19 (register of European offshore marine sites)
  49. 45Amendment of regulation 20 (notification of changes to the register)
  50. 46Amendment of regulation 24 (co-ordinated management of sites)
  51. 47Amendment of regulation 26 (prevention of deterioration of habitats and disturbance of species)
  52. 48Amendment of regulation 27 (meaning of “European site”)
  53. 49Amendment of regulation 28 (protection of European offshore marine sites and European sites)
  54. 50Amendment of regulation 29 (considerations of overriding public interest)
  55. 51Amendment of regulation 33 (review of existing decisions and consents)
  56. 52Amendment of regulation 37 (notification of compensatory measures)
  57. 53Amendment of regulation 38 (offences relating to European offshore marine sites)
  58. 54Amendment of regulation 39 (application of offences in Part 3)
  59. 55Amendment of regulation 40 (protection of wild birds, their eggs and nests)
  60. 56Amendment of regulation 41 (defences to the offences in regulation 40)
  61. 57Amendment of regulation 42 (prohibition of certain methods of capturing or killing wild birds)
  62. 58Amendment of regulation 43 (sale etc. of live or dead wild birds, eggs etc.)
  63. 59Amendment of regulation 45 (protection of wild animals listed in Annex IV(a) to the Habitats Directive)
  64. 60Amendment of regulation 46 (defences to the offences in regulation 45)
  65. 61Amendment of regulation 47 (prohibition of certain methods of capturing and killing wild animals)
  66. 62Amendment of regulation 49 (offences relating to wild plants listed in Annex IV(b) to the Habitats Directive)
  67. 63Amendment of regulation 50 (surveillance of conservation status of habitats and species)
  68. 64Amendment of regulation 54 (introduction of new species)
  69. 65Insertion of new regulation 55A
  70. 66Amendment of regulation 74 (research)
  71. 67Amendment of regulation 76 (re-introduction of species)
  72. 68Omission of regulation 79 (reports to the Commission)
  73. 69Insertion of new regulations 84A and 84B
  74. 70New regulation 86A
  75. 71Insertion of new Schedule 2A
  76. 72Insertion of new Schedule 3A
  77. Part 5: Amendments to the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001
  78. 73Amendment of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001
  79. 74Amendment of regulation 2 (interpretation)
  80. 75Amendment of regulation 3 (application of the Directives)
  81. 76Amendment of regulation 6 (projects which should be carried out for imperative reasons of overriding public interest)—
  82. 77Amendment of regulation 7 (control of activities under licence)
  83. 78Amendment of regulation 20A (fees)
  84. Signature
  85. Schedule 1New Schedule 4A to the Conservation of Habitats and Species Regulations 2017
  86. Schedule 2New Schedule 2A to the Conservation of Offshore Marine Habitats and Species Regulations 2017
  87. Schedule 3New Schedule 3A to the Conservation of Offshore Marine Habitats and Species Regulations 2017
  88. Explanatory note