Paragraph 5 Express authorisationF1

(1)

Damage to a protected species or natural habitat and damage to a site of special scientific interest does 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 Conservation of Habitats and Species Regulations 2010;

(d)

the Conservation of Habitats and Species Regulations 2017;

(e)

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 the Conservation of Habitats and Species Regulations 2017.

Annotations

Textual amendments

F1: Sch. 1 para. 5 substituted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 8(3)