OpenLegislation

Paragraph 1 Damage to a protected species or natural habitat

United Kingdom

In the case of a protected species or natural habitat (other than damage to a site of special scientific interest, to which paragraph 4 applies) the damage must be such that it has a significant adverse effect on reaching or maintaining the favourable conservation status of the protected species or natural habitat, taking into account—

(a)

the conservation status at the time of the damage;

(b)

the services provided by the amenities they produce;

(c)

their capacity for natural regeneration;

(d)

the number of individuals, their density or the area covered;

(e)

the role of the particular individuals or of the damaged area in relation to the species or to the habitat conservation and the rarity of the species or habitat assessed at the relevant level, whether local, regional F1, national or in their natural range;

(f)

the capacity of the species for propagation, its viability, or the capacity of the habitat for natural regeneration; and

(g)

the capacity of the species or habitat, within a short time of the damage being caused, to recover to a condition that leads to its state at the time of the damage or better without any intervention other than increased protection measures.

Annotations

Textual amendments

F1

Words in Sch. 1 para. 1(e) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 7(3); 2020 c. 1, Sch. 5 para. 1(1)