OpenLegislation

The Conservation of Habitats and Species Regulations 2010

S.I. 2010/490 · Made 1 March 2010

Up to date with all changes known to legislation.gov.uk, revised to 30 November 2017.

Wildlife

Countryside

Made 1st March 2010

Laid before Parliament 8th March 2010

Laid before the National Assembly for Wales 8th March 2010

Coming into force in accordance with regulation 1(2), (3) and (4)

The Secretary of State is designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to the environment, and the Welsh Ministers are designated M3 for those purposes in relation to the conservation of natural habitats and of wild fauna and flora.

In exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972 and paragraph 1A of Schedule 2 M4 to that Act, and by section 307(3) and (5) of the Criminal Justice Act 2003 M5, the Secretary of State and the Welsh Ministers make these Regulations, the Welsh Ministers in relation to Wales, to the extent that they are designated to do so, and the Secretary of State in relation to every other aspect.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State and to the Welsh Ministers that it is expedient for any reference in these Regulations to an Annex to Council Directive 92/43/EEC (on the conservation of natural habitats and of wild fauna and flora M6) to be construed as a reference to that Annex as amended from time to time.

Annotations to the whole text

Marginal citations

M1

S.I. 2008/301.

M2

1972 c. 68.

M3

S.I. 2002/248. The designation is subject to the exceptions set out in Schedule 2 to that Order. The functions conferred on the National Assembly for Wales by means of that Order are now exercisable by the Welsh Ministers, by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

M4

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

M5

2003 c. 44.

M6

OJ No L 206, 22.7.1992, p. 7, last amended by Council Directive 2006/105/EC (OJ No L 363, 20.12.2006, p. 368).

Contents

  1. Part 1: INTRODUCTORY AND GENERAL PROVISIONS
  2. 1Citation and commencement
  3. 2Extent
  4. 3Interpretation
  5. 4Plans or projects relating to offshore marine area or offshore marine installations Repealed
  6. 5Nature conservation bodies Repealed
  7. 6Relevant authorities in relation to marine areas and European marine sites Repealed
  8. 7Competent authorities Repealed
  9. 8European sites and European marine sites Repealed
  10. 9Duties relating to compliance with the Directives Repealed
  11. 9ADuties in relation to wild bird habitat Repealed
  12. 9BReview by appropriate nature conservation body Repealed
  13. Part 2: CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES
  14. European sites
  15. 10Selection of sites eligible for identification as of Community importance Repealed
  16. 11Designation of special areas of conservation Repealed
  17. 12Consultation as to inclusion of site omitted from the list Repealed
  18. 12AClassification of sites as special protection areas Repealed
  19. 12BNotification of a proposal to classify a special protection area Repealed
  20. Register of European sites
  21. 13Register of European sites Repealed
  22. 14Notification of changes to the register Repealed
  23. 15Notice to landowners and other bodies Repealed
  24. Management agreements
  25. 16Management agreements Repealed
  26. 17Existing agreements Repealed
  27. 18Certain payments under management agreements Repealed
  28. Control of potentially damaging operations
  29. 19Notification of potentially damaging operations Repealed
  30. 20Restriction on carrying out operations specified in notification Repealed
  31. 21Assessment of implications for European sites Repealed
  32. 22Notification of appropriate authority in case of risk Repealed
  33. 23Sites of special scientific interest which become European sites: duty to review Repealed
  34. 24Farm capital grants Repealed
  35. Special nature conservation orders
  36. 25Power to make special nature conservation order Repealed
  37. 26Restriction on carrying out operations specified in order Repealed
  38. 27Assessment of implications for European sites after service of stop notice Repealed
  39. 28Compensation for effect of stop notice Repealed
  40. 29Restoration orders Repealed
  41. Byelaws
  42. 30Power to make byelaws Repealed
  43. 31Byelaws: supplementary provisions Repealed
  44. 32Compensation for effect of byelaws Repealed
  45. 33Continuation in force of existing byelaws Repealed
  46. Powers of compulsory acquisition
  47. 34Powers of compulsory acquisition Repealed
  48. European marine sites
  49. 35Marking of site and advice by nature conservation bodies Repealed
  50. 36Management scheme for European marine site Repealed
  51. 37Direction to establish or amend management scheme Repealed
  52. 38European marine sites: byelaws and orders Repealed
  53. Nature conservation policy in planning contexts
  54. 39Nature conservation policy in planning contexts Repealed
  55. Part 3: PROTECTION OF SPECIES
  56. Protection of animals
  57. 40European protected species of animals Repealed
  58. 41Protection of certain wild animals: offences Repealed
  59. 42Protection of certain wild animals: defences Repealed
  60. 43Prohibition of certain methods of capturing or killing wild animals Repealed
  61. Protection of plants
  62. 44European protected species of plants Repealed
  63. 45Protection of certain wild plants: offences Repealed
  64. 46Protection of certain wild plants: defences Repealed
  65. Interpretation of Part 3
  66. 47Interpretation of Part 3 Repealed
  67. Part 4: ADDITIONAL PROTECTION OF HABITATS AND WILD ANIMALS AND PLANTS
  68. Surveillance and monitoring
  69. 48Surveillance of conservation status of habitats and species Repealed
  70. 49Protection of certain animals and plants from exploitation Repealed
  71. 50Monitoring of incidental capture and killing Repealed
  72. 51Protection from incidental capture and killing Repealed
  73. Introduction of new species
  74. 52Introduction of new species from ships Repealed
  75. Part 5: LICENCES
  76. Grant of licences
  77. 53Licences for certain activities relating to animals or plants Repealed
  78. 54Licences for the introduction of new species Repealed
  79. 55Licences: general provisions Repealed
  80. Relevant licensing body
  81. 56Relevant licensing body Repealed
  82. Offences
  83. 57False statements made for obtaining licence Repealed
  84. 58Offence of breaching licence condition Repealed
  85. Part 6: ASSESSMENT OF PLANS AND PROJECTS
  86. Chapter 1: GENERAL PROVISIONS
  87. Introductory provisions
  88. 59Interpretation of Part 6 Repealed
  89. 60Application of provisions of Chapter 1 Repealed
  90. General provisions for protection of European sites and European offshore marine sites
  91. 61Assessment of implications for European sites and European offshore marine sites Repealed
  92. 62Considerations of overriding public interest Repealed
  93. 63Review of existing decisions and consents Repealed
  94. 64Consideration on review Repealed
  95. 65Co-ordination where more than one competent authority involved Repealed
  96. 66Compensatory measures Repealed
  97. 67Modifications of regulations 61 to 66 in certain cases Repealed
  98. Chapter 2: PLANNING
  99. Planning permission
  100. 68Grant of planning permission Repealed
  101. 69Planning permission: duty to review Repealed
  102. 70Planning permission: consideration on review Repealed
  103. 71Planning permission: effect of orders made on review Repealed
  104. 72Planning permission: supplementary provisions as to compensation Repealed
  105. General development orders
  106. 73General development orders
  107. 74General development orders: opinion of appropriate nature conservation body Repealed
  108. 75General development orders: approval of local planning authority Repealed
  109. 76General development orders: supplementary Repealed
  110. Special development orders
  111. 77Special development orders
  112. Local development orders
  113. 78Local development orders
  114. Neighbourhood development orders
  115. 78ANeighbourhood development orders
  116. Simplified planning zones and enterprise zones
  117. 79Simplified planning zones
  118. 80Enterprise zones
  119. Development consent under Planning Act 2008
  120. 81Grant of development consent Repealed
  121. 82Development consent: review Repealed
  122. Interpretation of Chapter 2
  123. 83Interpretation of Chapter 2 Repealed
  124. Chapter 3: HIGHWAYS AND ROADS
  125. 84Construction or improvement of highways or roads Repealed
  126. 85Cycle tracks and other ancillary works Repealed
  127. Chapter 4: ELECTRICITY
  128. 86Consents under Electricity Act 1989: application of assessment and review provisions Repealed
  129. 87Consents under Electricity Act 1989: procedure on review Repealed
  130. 88Consents under Electricity Act 1989: effect of review Repealed
  131. 89Consents under Electricity Act 1989: compensation Repealed
  132. Chapter 5: PIPE-LINES
  133. 90Authorisations under Pipe-lines Act 1962: application of assessment and review provisions Repealed
  134. 91Authorisations under Pipe-lines Act 1962: procedure on review Repealed
  135. 92Authorisations under Pipe-lines Act 1962: effect of review Repealed
  136. 93Authorisations under Pipe-lines Act 1962: compensation Repealed
  137. Chapter 6: TRANSPORT AND WORKS
  138. 94Orders under Transport and Works Act 1992: application of assessment and review provisions Repealed
  139. 95Orders under Transport and Works Act 1992: procedure on review Repealed
  140. 96Orders under Transport and Works Act 1992: effect of review Repealed
  141. 97Orders under Transport and Works Act 1992: compensation Repealed
  142. Chapter 7: ENVIRONMENTAL CONTROLS
  143. 98Environmental permits Repealed
  144. 99Abstraction and works authorised under water legislation Repealed
  145. 100Marine works Repealed
  146. 101Derogations in relation to nitrate pollution prevention legislation Repealed
  147. Chapter 8: LAND USE PLANS
  148. Land use plans
  149. 102Assessment of implications for European sites and European offshore marine sites Repealed
  150. 102AAssessment of implications for European site: neighbourhood development plans Repealed
  151. 103Considerations of overriding public interest Repealed
  152. 104Co-ordination for land use plan prepared by more than one authority Repealed
  153. 105Compensatory measures Repealed
  154. Planning Act 2008
  155. 106National policy statements Repealed
  156. Interpretation of Chapter 8
  157. 107Interpretation of Chapter 8 Repealed
  158. Chapter 9: Marine policy statement and marine plans
  159. 107AMarine policy statement Repealed
  160. 107BMarine plan Repealed
  161. Part 7: ENFORCEMENT
  162. Wildlife inspectors
  163. 108Wildlife inspectors Repealed
  164. Powers of entry
  165. 109Powers of entry: constables Repealed
  166. 110Powers of entry: wildlife inspectors Repealed
  167. 111Powers of entry: other authorised persons Repealed
  168. Powers of search, etc.
  169. 112Constables' powers of search, etc. Repealed
  170. Powers in relation to specimens and samples
  171. 113Powers in relation to samples: constables Repealed
  172. 114Powers in relation to specimens and samples: wildlife inspectors Repealed
  173. 115Restrictions on taking samples from live specimens Repealed
  174. Offences
  175. 116Attempts and possession of means of committing offence Repealed
  176. 117Obstruction of persons exercising powers of entry under regulation 111 Repealed
  177. 118Obstruction in connection with constables' powers to take samples Repealed
  178. 119Offences in connection with wildlife inspectors' enforcement powers Repealed
  179. Codes of practice
  180. 120Codes of practice Repealed
  181. Miscellaneous
  182. 121Advice and assistance from nature conservation bodies Repealed
  183. 122Forfeiture Repealed
  184. 123Proceedings for offences: venue and time limits Repealed
  185. 124Offences by bodies corporate etc. Repealed
  186. 125Application of criminal offences to the Crown Repealed
  187. Interpretation of Part 7
  188. 126Interpretation of Part 7 Repealed
  189. Part 8: FINAL PROVISIONS
  190. 127Powers of drainage authorities Repealed
  191. 128Advisory role of the Joint Nature Conservation Committee Repealed
  192. 129Advisory role of Natural England, the Natural Resources Body for Wales and Scottish Natural Heritage Repealed
  193. 129AResearch Repealed
  194. 130Local inquiries Repealed
  195. 131Notices Repealed
  196. 132Amendments of legislation
  197. 133Revocations Repealed
  198. 134Transitional provisions Repealed
  199. 135Review Repealed
  200. Signature
  201. Schedule 1: SPECIAL NATURE CONSERVATION ORDERS: PROCEDURE Repealed
  202. Part: Coming into operation Repealed
  203. 1Paragraph 1 Repealed
  204. Part: Publicity for orders Repealed
  205. 2Paragraph 2 Repealed
  206. Part: Unopposed orders Repealed
  207. 3Paragraph 3 Repealed
  208. Part: Opposed orders Repealed
  209. 4Paragraph 4 Repealed
  210. Part: Restriction on power to amend orders or confirm them with modifications Repealed
  211. 5Paragraph 5 Repealed
  212. Part: Notice of final decision on order Repealed
  213. 6Paragraph 6 Repealed
  214. Part: Proceedings for questioning validity of orders Repealed
  215. 7Paragraph 7 Repealed
  216. Part: Interpretation Repealed
  217. 8Paragraph 8 Repealed
  218. Schedule 2EUROPEAN PROTECTED SPECIES OF ANIMALS Repealed
  219. Paragraph Repealed
  220. Schedule 3EXCLUDED POPULATIONS OF CERTAIN SPECIES Repealed
  221. Paragraph Repealed
  222. Schedule 4ANIMALS WHICH MAY NOT BE CAPTURED OR KILLED IN CERTAIN WAYS Repealed
  223. Paragraph Repealed
  224. Schedule 5EUROPEAN PROTECTED SPECIES OF PLANTS Repealed
  225. Paragraph Repealed
  226. Schedule 6: AMENDMENTS OF LEGISLATION
  227. Part 1: PRIMARY LEGISLATION
  228. 1Amendment of the Harbours Act 1964
  229. 2Amendment of the Conservation of Seals Act 1970
  230. 3Amendment of the Highways Act 1980
  231. 4Amendment of the Constitutional Reform Act 2005
  232. 5Amendment of the Marine Act
  233. Part 2: SUBORDINATE LEGISLATION
  234. 6Amendment of the 1994 Regulations
  235. 7Amendment of the 2007 Regulations
  236. Schedule 7: REVOCATIONS Repealed
  237. 1REVOCATIONS Repealed
  238. 2REVOCATIONS NOT EXTENDING TO SCOTLAND Repealed
  239. Explanatory note