The Conservation of Habitats and Species Regulations 2017
S.I. 2017/1012 · Made 30 October 2017 · Extends to United Kingdom
Wildlife
Countryside
Made 30th October 2017
Laid before Parliament 31st October 2017
Laid before the National Assembly for Wales 31st October 2017
Coming into force 30th November 2017
M1M2M3The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the environment, and the Welsh Ministers are designated for those purposes in relation to the conservation of natural habitats and of wild fauna and flora.
M4M5The Secretary of State and the Welsh Ministers make these Regulations in exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972 and paragraph 1A of Schedule 2 to that Act , and by section 307(3) and (5) of the Criminal Justice Act 2003 .
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.C1
Annotations to the whole text
Marginal citations
- M1
- M2
1972 c. 68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1); and the European Union (Amendment) Act 2008 (c. 7), Part 1 of the Schedule.
- 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 the Legislative and Regulatory Reform Act 2006, section 28. It was amended by the European Union (Amendment) Act 2008, Part 1 of the Schedule, and by S.I. 2007/1388.
- M5
2003 c. 44. Section 307(3) and (5) was amended by S.I. 2011/1043.
- M6
OJ No. L 206, 22.7.1992, p.7, as last amended by Council Directive 2013/17/EU (OJ No. L 158, 10.6.2013, p.193).
Modifications
- C1
Regulations: power to amend conferred (24.1.2022) by Environment Act 2021 (c. 30), ss. 112, 147(3) (with s. 144); S.I. 2022/48, reg. 2(p)
Contents
- Part 1: Introductory and General Provisions
- 1Citation and commencement
- 2Extent
- 3Interpretation
- 3AInterpretation: the Directives
- 4Plans or projects relating to offshore marine area or offshore marine installations
- 5Nature conservation bodies
- 6Relevant authorities in relation to marine areas and European marine sites
- 7Competent authorities
- 8European sites and European marine sites
- 9Duties relating to compliance with the Directives
- 9AReports
- 10Duties in relation to wild bird habitat
- 11Review by appropriate nature conservation body
- Part 2: Conservation of Natural Habitats and Habitats of Species
- European sites
- 12Duty to designate special areas of conservation
- 13Priorities for designating special areas of conservation
- 14Consultation as to inclusion of site omitted from the list Repealed
- 15Classification of sites as special protection areas
- 16Notification of a proposal to classify a special protection area
- 16AManagement objectives of the national site network
- Register of European sites
- 17Register of European sites
- 18Notification of changes to the register
- 19Notice to landowners and other bodies
- Management agreements
- 20Management agreements
- 21Existing agreements
- 22Certain payments under management agreements
- Control of potentially damaging operations
- 23Notification of potentially damaging operations
- 24Assessment of implications for European sites and certain Ramsar sites
- 25Sites of special scientific interest which become European sites or Ramsar sites: duty to review
- 26Farm capital grants
- Special nature conservation orders
- 27Power to make special nature conservation order
- 28Restriction on carrying out operations specified in order
- 29Assessment of implications for European sites after service of stop notice
- 30Compensation for effect of stop notice
- 31Restoration orders
- Byelaws
- 32Power to make byelaws
- 33Byelaws: supplementary provisions
- 34Compensation for effect of byelaws
- 35Continuation in force of existing byelaws
- Powers of compulsory acquisition
- 36Powers of compulsory acquisition
- European marine sites
- 37Marking of site and advice by nature conservation bodies
- 38Management scheme for European marine site
- 39Direction to establish or amend management scheme
- 40European marine sites: byelaws and orders
- Nature conservation policy in planning contexts
- 41Nature conservation policy in planning contexts
- Part 3: Protection of species
- Protection of animals
- 42European protected species of animals
- 43Protection of certain wild animals: offences
- 44Protection of certain wild animals: defences
- 45Prohibition of certain methods of capturing or killing wild animals
- Protection of plants
- 46European protected species of plants
- 47Protection of certain wild plants: offences
- 48Protection of certain wild plants: defences
- Interpretation of Part 3
- 49Interpretation of Part 3
- Part 4: Additional protection of habitats and wild animals and plants
- Surveillance and monitoring
- 50Surveillance of conservation status of habitats and species
- 51Protection of certain animals and plants from exploitation
- 52Monitoring of incidental capture and killing
- 53Protection from incidental capture and killing
- Introduction of new species
- 54Introduction of new species from ships
- Part 5: Licences
- Grant of licences
- 55Licences for certain activities relating to animals or plants
- 56Licences for the introduction of new species
- 57Licences: general provisions
- Relevant licensing body
- 58Relevant licensing body
- Offences
- 59False statements made for obtaining licence
- 60Offence of breaching licence condition
- Part 6: Assessment of plans and projects
- Chapter 1: General provisions
- Introductory provisions
- 61Interpretation of Part 6
- 62Application of provisions of Chapter 1
- General provisions for protection of European sites, European offshore marine sites and certain Ramsar sites
- 63Assessment of implications for European sites , European offshore marine sites and certain Ramsar sites
- 64Considerations of overriding public interest
- 65Review of existing decisions and consents
- 66Consideration on review
- 67Co-ordination where more than one competent authority involved
- 68Compensatory measures
- 68ACompensatory measures for relevant offshore wind activity in the Scottish inshore region
- 68ZACompensatory measures: relevant offshore wind plans or projects
- 69Modifications of regulations 63 to 68 in certain cases
- Chapter 2: Planning
- Planning permission
- 70Grant of planning permission
- 71Planning permission: duty to review
- 72Planning permission: consideration on review
- 73Planning permission: effect of orders made on review
- 74Planning permission: compensation
- General development orders
- 75General development orders
- 76General development orders: opinion of appropriate nature conservation body
- 77General development orders: approval of local planning authority
- 78General development orders: supplementary
- Special development orders
- 79Special development orders
- Local development orders
- 80Local development orders
- Neighbourhood development orders
- 81Neighbourhood development orders
- Simplified planning zones and enterprise zones
- 82Simplified planning zones
- 83Enterprise zones
- Development consent under Planning Act 2008
- 84Grant of development consent
- 85Development consent: review
- 85AAssumptions to be made about nutrient pollution standards: general
- 85BAssumptions to be made about nutrient pollution standards: general development orders
- 85CDirection that assumptions are not to apply
- 85DRegulations 85A to 85C: interpretation
- Interpretation of Chapter 2
- 86Interpretation of Chapter 2
- Chapter 3: Highways and roads
- 87Construction or improvement of highways or roads
- 88Cycle tracks and other ancillary works
- Chapter 4: Electricity
- 89Consents under Electricity Act 1989: application of assessment and review provisions
- 90Consents under Electricity Act 1989: procedure on review
- 91Consents under Electricity Act 1989: effect of review
- 92Consents under Electricity Act 1989: compensation
- Chapter 5: Pipe-lines
- 93Authorisations under Pipe-lines Act 1962: application of assessment and review provisions
- 94Authorisations under Pipe-lines Act 1962: procedure on review
- 95Authorisations under Pipe-lines Act 1962: effect of review
- 96Authorisations under Pipe-lines Act 1962: compensation
- Chapter 6: Transport and Works
- 97Orders under Transport and Works Act 1992: application of assessment and review provisions
- 98Orders under Transport and Works Act 1992: procedure on review
- 99Orders under Transport and Works Act 1992: effect of review
- 100Orders under Transport and Works Act 1992: compensation
- Chapter 7: Environmental Controls
- 101Environmental permits
- 102Abstraction and works authorised under water legislation
- 103Marine works
- 104Derogations in relation to nitrate pollution prevention legislation
- Chapter 8: Land Use Plans
- Land use plans
- 105Assessment of implications for European sites , European offshore marine sites and certain Ramsar sites
- 106Assessment of implications for European sites and Ramsar sites: neighbourhood development plans
- 107Considerations of overriding public interest
- 108Co-ordination for land use plan prepared by more than one authority
- 109Compensatory measures
- Planning Act 2008
- 110National policy statements
- 110AAssessments under this Chapter: required assumptions
- 110BDirection that assumptions are not to apply
- 110CRegulations 110A and 110B: interpretation
- Interpretation of Chapter 8
- 111Interpretation of Chapter 8
- Chapter 9: MARINE POLICY STATEMENTS AND MARINE PLANS
- 112Marine policy statement
- 113Marine plan
- Part 7: Enforcement
- Wildlife inspectors
- 114Wildlife inspectors
- Powers of entry
- 115Powers of entry: constables
- 116Powers of entry: wildlife inspectors
- 117Powers of entry: other authorised persons
- Powers of search etc.
- 118Constables' powers of search, etc.
- Powers in relation to specimens and samples
- 119Powers in relation to samples: constables
- 120Powers in relation to specimens and samples: wildlife inspectors
- 121Restrictions on taking samples from live specimens
- Offences
- 122Attempts and possession of means of committing offence
- 123Obstruction of persons exercising powers of entry under regulation 117
- 124Obstruction in connection with constables' powers to take samples
- 125Offences in connection with wildlife inspectors' enforcement powers
- Codes of practice
- 126Codes of practice
- Miscellaneous
- 127Advice and assistance from nature conservation bodies
- 128Forfeiture
- 129Proceedings for offences: venue and time limits
- 130Offences by bodies corporate etc.
- 131Application of criminal offences to the Crown
- Interpretation of Part 7
- 132Interpretation of Part 7
- Part 8: Final Provisions
- 133Powers of drainage authorities
- 134Advisory role of the Joint Nature Conservation Committee
- 135Advisory role of Natural England, the Natural Resources Body for Wales and Scottish Natural Heritage
- 136Research
- 137Local inquiries
- 138Notices
- 139Consequential Amendments
- 140Revocations
- 141Transitional provisions
- 141ATransitional provisions: EU exit
- 142Review: England
- 143Amendment of Schedules
- 144Amendment of the Annexes to the Directives
- 145Statutory instruments
- Signature
- Schedule 1: Special Nature Conservation Orders: Procedure
- 1Coming into operation
- 2Publicity for orders
- 3Unopposed orders
- 4Opposed orders
- 5Restriction on power to amend orders or confirm them with modifications
- 6Notice of final decision on order
- 7Proceedings for questioning validity of orders
- 8Interpretation
- Schedule 2European Protected Species of animals
- Schedule 3Excluded populations of certain species
- Schedule 4Animals which may not be captured or killed in certain ways.
- Schedule 4A: Prohibited Methods of Capturing or Killing Wild Animals
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 5European Protected Species of plants
- Schedule 6: Consequential Amendments
- Part 1: Primary Legislation
- 1Harbours Act 1964
- 2Sea Fisheries (Shellfish) Act 1967
- 3Conservation of Seals Act 1970
- 4Highways Act 1980
- 5Town and Country Planning Act 1990
- 6Planning Act 2008
- 7Constitutional Reform Act 2005
- 8Marine and Coastal Access Act 2009
- Part 2: Subordinate Legislation
- 9Public Gas Transporter Pipe-Line Works (Environmental Impact Assessment) Regulations 1999
- 10Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999
- 11Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999
- 12Pipe-line Works (Environmental Impact Assessment) Regulations 2000
- 13Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001
- 14Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003
- 15Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006
- 16Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009
- 17Marine Management Organisation (Prescription of Powers to Fix Fees and Charges) Order 2010
- 18Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 Repealed
- 19Marine Strategy Regulations 2010
- 20Port of Bristol (Deep Sea Container Terminal) Harbour Revision Order 2010
- 21Marine Licensing (Exempted Activities) Order 2011
- 22Marine Licensing (Exempted Activities) (Wales) Order 2011
- 23Marine and Coastal Access Act 2009 (Transitional and Savings Provisions) Order 2011
- 24Associated British Ports (Grimsby Riverside Ro-Ro Terminal) Harbour Revision Order 2011
- 25The Town and Country Planning (Environmental Impact Assessment) Regulations 2011
- 26Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012
- 27Neighbourhood Planning (General) Regulations 2012
- 28Hinkley Point Harbour Empowerment Order 2012
- 29Brechfa Forest West Wind Farm Order 2013
- 30Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013
- 31The Natural Resources Body for Wales (Functions) Order 2013
- 32Galloper Wind Farm Order 2013
- 33Nitrate Pollution Prevention (Wales) Regulations 2013
- 34Marine Licensing (Application Fees) Regulations 2014
- 35Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014
- 36Rampion Offshore Wind Farm Order 2014
- 37A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014
- 38Clocaenog Forest Wind Farm Order 2014
- 39Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014
- 40Associated British Ports (Fisher Fleet Quay) Harbour Revision Order 2014
- 41Able Marine Energy Park Development Consent Order 2014
- 42Walney Extension Offshore Wind Farm Order 2014
- 43Keeping and Introduction of Fish (Wales) Regulations 2014
- 44Willington C Gas Pipeline Order 2014
- 45Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015
- 46A160/A180 (Port of Immingham Improvement) Development Consent Order 2015
- 47Cornwall Council (A30 Temple to Higher Carblake Improvement) Order 2015
- 48Dogger Bank Creyke Beck Offshore Wind Farm Order 2015
- 49Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015
- 50Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015
- 51Town and Country Planning (Development Management Procedure) (England) Order 2015
- 52Town and Country Planning (General Permitted Development) (England) Order 2015
- 53Nitrate Pollution Prevention Regulations 2015
- 54Knottingley Power Plant Order 2015
- 55Environmental Damage (Prevention and Remediation) (England) Regulations 2015
- 56White Moss Landfill Order 2015
- 57Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015
- 58Poole Harbour (Works) Revision Order 2015
- 59Preesall Underground Gas Storage Facility Order 2015
- 60Progress Power (Gas Fired Power Station) Order 2015
- 61Dogger Bank Teeside A and B Offshore Wind Farm Order 2015
- 62Ferrybridge Multifuel 2 Power Station Order 2015
- 63Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2015
- 64A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016
- 65Palm Paper Mill Generating Station Order 2016
- 66Thorpe Marsh Gas Pipeline Order 2016
- 67A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016
- 68Fal Fishery Order 2016
- 69York Potash Harbour Facilities Order 2016
- 70River Humber Gas Pipeline Replacement Order 2016
- 71Triton Knoll Electrical System Order 2016
- 72M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016
- 73Environmental Permitting (England and Wales) Regulations 2016
- 74Economic Growth (Regulatory Functions) Order 2017
- 75Town and Country Planning (Brownfield Land Register) Regulations 2017
- 76Keuper Underground Gas Storage Facility Order 2017
- 77Environmental Impact Assessment (Agriculture) (Wales) Regulations 2017
- 78Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017
- 79Town and Country Planning (Environmental Impact Assessment) Regulations 2017
- 80Infrastructure Planning (Environmental Impact Assessment) Regulations 2017
- 81Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017
- Schedule 7Revocations
- Explanatory note