The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019
Draft 2019, ISBN 9780111179512
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
Contents
- Part 1: Introduction
- 1Citation and commencement
- Part 2: Amendment of primary legislation
- 2Amendment of the Wildlife and Countryside Act 1981: England and Wales
- Part 3: Amendments to the Conservation of Habitats and Species Regulations 2017
- 3Amendment of the Conservation of Habitats and Species Regulations 2017
- 4Amendment of regulation 3 (interpretation)
- 5Insertion of new regulation 3A
- 6Amendments of regulation 8 (European sites and European marine sites)
- 7Amendment to regulation 9 (duties relating to compliance with the Directives)
- 8New regulation 9A
- 9Amendment of regulation 10 (duties in relation to wild bird habitat)
- 10Amendments of regulations 12 to 13
- 11Omission of Regulation 14 (consultation as to inclusion of site omitted from the list)
- 12Amendment of regulation 15 (classification of sites as special protection areas)
- 13Insertion of new regulation 16A
- 14Amendment of regulation 17 (register of European sites)
- 15Amendment of regulation 24 (assessment of implications for European sites)
- 16Amendment of regulation 29 (assessment of implications for European sites after service of stop notice)
- 17Amendment of regulation 44 (protection of certain wild animals: defences)
- 18Amendment of regulation 45 (prohibition of certain methods of capturing or killing wild animals)
- 19Amendment of regulation 48 (protection of certain wild plants: defences)
- 20Amendment of regulation 50 (surveillance of conservation status of habitats and species)
- 21Amendment to regulation 51 (protection of certain animals and plants from exploitation)
- 22Amendment of regulation 53 (protection from incidental capture and killing)
- 23Amendment of regulation 55 (licences for certain activities relating to animals or plants)
- 24Amendment of regulation 63 (assessment of implications for European sites and European offshore marine sites)
- 25Amendment of regulation 64 (considerations of overriding public interest)
- 26Amendment of regulation 107 (considerations of overriding public interest)
- 27Amendment of regulation 116 (powers of entry: wildlife inspectors)
- 28Amendment to regulation 136 (research)
- 29Insertion of new regulation 141A
- 30Insertion of new regulations 143 to 145
- 31Insertion of new Schedule 4A
- Part 4: Amendments to the Conservation of Offshore Marine Habitats and Species Regulations 2017
- 32Amendment of the Conservation of Offshore Marine Habitats and Species Regulations 2017
- 33Amendment of regulation 2 (interpretation)
- 34Amendment of regulation 6 (duty of competent authorities)
- 35Amendment of regulation 7 (list of sites eligible for identification as of Community importance)
- 36New regulation 7A
- 37Amendment of regulation 8 (notification of a proposal)
- 38Amendment of regulations 9 to 11
- 39Amendment of regulation 12 (classification of sites as special protection areas)
- 40Amendment of regulation 13 (classification of sites in the Scottish offshore region and the Welsh offshore region as special protection areas)
- 41Amendment to regulations 15 to 17 (hearings)
- 42Amendment of regulation 18 (meaning of “European offshore marine site”)
- 43Insertion of new regulation 18A
- 44Amendment of regulation 19 (register of European offshore marine sites)
- 45Amendment of regulation 20 (notification of changes to the register)
- 46Amendment of regulation 24 (co-ordinated management of sites)
- 47Amendment of regulation 26 (prevention of deterioration of habitats and disturbance of species)
- 48Amendment of regulation 27 (meaning of “European site”)
- 49Amendment of regulation 28 (protection of European offshore marine sites and European sites)
- 50Amendment of regulation 29 (considerations of overriding public interest)
- 51Amendment of regulation 33 (review of existing decisions and consents)
- 52Amendment of regulation 37 (notification of compensatory measures)
- 53Amendment of regulation 38 (offences relating to European offshore marine sites)
- 54Amendment of regulation 39 (application of offences in Part 3)
- 55Amendment of regulation 40 (protection of wild birds, their eggs and nests)
- 56Amendment of regulation 41 (defences to the offences in regulation 40)
- 57Amendment of regulation 42 (prohibition of certain methods of capturing or killing wild birds)
- 58Amendment of regulation 43 (sale etc. of live or dead wild birds, eggs etc.)
- 59Amendment of regulation 45 (protection of wild animals listed in Annex IV(a) to the Habitats Directive)
- 60Amendment of regulation 46 (defences to the offences in regulation 45)
- 61Amendment of regulation 47 (prohibition of certain methods of capturing and killing wild animals)
- 62Amendment of regulation 49 (offences relating to wild plants listed in Annex IV(b) to the Habitats Directive)
- 63Amendment of regulation 50 (surveillance of conservation status of habitats and species)
- 64Amendment of regulation 54 (introduction of new species)
- 65Insertion of new regulation 55A
- 66Amendment of regulation 74 (research)
- 67Amendment of regulation 76 (re-introduction of species)
- 68Omission of regulation 79 (reports to the Commission)
- 69Insertion of new regulations 84A and 84B
- 70New regulation 86A
- 71Insertion of new Schedule 2A
- 72Insertion of new Schedule 3A
- Part 5: Amendments to the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001
- 73Amendment of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001
- 74Amendment of regulation 2 (interpretation)
- 75Amendment of regulation 3 (application of the Directives)
- 76Amendment of regulation 6 (projects which should be carried out for imperative reasons of overriding public interest)—
- 77Amendment of regulation 7 (control of activities under licence)
- 78Amendment of regulation 20A (fees)
- Signature
- Schedule 1New Schedule 4A to the Conservation of Habitats and Species Regulations 2017
- Schedule 2New Schedule 2A to the Conservation of Offshore Marine Habitats and Species Regulations 2017
- Schedule 3New Schedule 3A to the Conservation of Offshore Marine Habitats and Species Regulations 2017
- Explanatory note