Regulation 16 Additional requirements relating to the Habitats RegulationsI1

England and Wales

(1)

The Welsh Ministers must not grant consent for a project which would be unlawful under F1regulations 43, 45 or 47 of the Habitats Regulations.

(2)

But that does not include anything for which a licence has been granted under F2regulation 55 of the Habitats Regulations.

(3)

Paragraphs (4) to (7) apply when the Welsh Ministers are deciding whether to grant consent for a project which is likely to have a significant effect on a European site, whether alone or in combination with another project (referred to in those paragraphs as “the project”).

(4)

The Welsh Ministers may only grant consent for a project if they have considered the implications of the project for the European site (including an appropriate assessment of the implications in the view of that site’s conservation objectives) and are satisfied that the project will not adversely affect the integrity of the site, unless paragraph (5) applies.

(5)

If the Welsh Ministers are satisfied that the project must be carried out for imperative reasons of overriding public interest (which may be of a social or economic nature, subject to paragraph (6)) and that there is no alternative solution, they may grant consent for the project even though the assessment of its implications for a European site is negative.

(6)

If the European site hosts a priority natural habitat type or a priority species, the reasons in paragraph (5) must be either—

(a)

reasons relating to human health, public safety or beneficial consequences or primary importance to the environment, or

(b)

other reasons which in the opinion of F3the Welsh Ministers are, in the case of the site concerned, imperative reasons of overriding public interest.

F4(6A)

Before deciding whether the reasons are imperative reasons of overriding public interest, the Welsh Ministers must—

(a)

consult—

(i)

the Joint Nature Conservation Committee;

(ii)

the Secretary of State and the other devolved administrations;

(iii)

any other person they consider appropriate; and

(b)

have regard to the national interest.

(7)

If the Welsh Ministers decide to grant consent for a project in accordance with paragraph (5), they must secure any necessary compensatory measures are taken to ensure that the overall coherence of Natura 2000^f1 is protected.

Annotations

Textual amendments

F1: Words in reg. 16(1) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 77(4)(a)(i)
F2: Words in reg. 16(2) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 77(4)(b)(i)
F3: Words in reg. 16(6)(b) substituted (31.12.2020) by The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), regs. 1(2)(3), 5(9)(a); 2020 c. 1, Sch. 5 para. 1(1)
F4: Reg. 16(6A) inserted (31.12.2020) by The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), regs. 1(2)(3), 5(9)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1: Reg. 16 in force at 16.5.2017, see reg. 1(3)

Footnotes

f1: See regulation 3(1) of the Habitats Regulations for the definition of “Natura 2000”.