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Paragraph 4 Protected species: licences under Part 5 of the Habitats Regulations 2017I1I2

England and Wales

(1)

Sub-paragraph (2) applies where—

(a)

an environmental feature identified in an EDP in accordance with section 61(1)(a) is a species listed in Schedule 2, 4 or 5 to the Habitats Regulations 2017, and

(b)

a developer has committed to pay, in respect of a development, such amount of the nature restoration levy set out in a charging schedule to the EDP as applies in relation to an environmental impact of the development on that protected species.

(2)

A licence under regulation 55(1) of the Habitats Regulations 2017, relating to the protected species and on the terms set out in the EDP, is to be treated as having been granted to the developer by the relevant licensing body (see regulation 58(4A) of those Regulations).

Annotations

Commencement

I1

Sch. 3 para. 4 not in force at Royal Assent, see s. 118(3)

I2

Sch. 3 para. 4 in force at 18.2.2026 by S.I. 2025/1370, reg. 4(1)(l)