Paragraph 5 Express authorisationF1

United Kingdom

(1)

Damage to a protected site or natural habitat and damage to a site of special scientific interest do not include damage caused by an act expressly authorised by the relevant authorities in accordance with—

(a)

the Conservation (Natural Habitats, &c.) Regulations 1994;

(b)

the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001;

(c)

the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007;

(d)

the Conservation of Habitats and Species Regulations 2010;

(e)

the Conservation of Habitats and Species Regulations 2017;

(f)

the Conservation of Offshore Marine Habitats and Species Regulations 2017.

(2)

Damage to sites of special scientific interest does not include, in the case of a site that is not a European site, damage caused by an act expressly authorised by the relevant authorities in accordance with Part 2 of the Wildlife and Countryside Act 1981.

(3)

In sub-paragraph (2), “European site” has the same meaning as in regulation 8 of F2the Conservation of Habitats and Species Regulations 2017.

Annotations

Textual amendments

F1: Sch. 1 para. 5 substituted (1.4.2018) by The Environmental Damage (Prevention and Remediation) (England) (Amendment) Regulations 2017 (S.I. 2017/1177), regs. 1, 7 (with reg. 9)
F2: Words in Sch. 1 para. 5(3) substituted (1.6.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018 (S.I. 2018/575), art. 1(2), reg. 11(2)