OpenLegislation

Article 2 Interpretation

Original text. Later amendments are not shown.

(1)

In this Order—

  • “the 1981 Act” means the Wildlife and Countryside Act 1981f1;

  • “the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017f2;

  • “the 2018 Order” means the Wildlife Licence Charges (England) Order 2018f3;

  • “application” includes a notification to Natural Englandf4 under a class licencef5 of a particular site where an applicant intends to carry out licensed activities, and in this context “applicant” means a person intending to rely on the class licence;

  • “bats” means all species of—

    1. (a)

      horseshoe bats (Rhinolophidae);

    2. (b)

      typical bats (Vespertilionidae);

  • “complex application” means an application for a licence which requires Natural England to spend, prior to its issue, 5 hours or more assessing the impact on conservation of the licensable activities;

  • “protected species or habitat” means—

    1. (a)

      species protected under—

      1. (i)

        Schedule 1, Part 1 of Schedule 2, Schedule 5, Schedule 6 or Schedule 8 to the 1981 Actf6;

      2. (ii)

        the Protection of Badgers Act 1992f7; or

      3. (iii)

        Schedule 2, Schedule 4 or Schedule 5 to the 2017 Regulationsf8;

    2. (b)

      species and habitats set out in the biodiversity list published by the Secretary of State in August 2010 under section 41 of the Natural Environment and Rural Communities Act 2006f9; and

  • “simple application” means an application for a licence which requires Natural England to spend, prior to its issue, fewer than 5 hours assessing the impact on conservation of the licensable activities.

(2)

In this Order, the issue of a licence includes—

(a)

renewal or modification of a licence;

(b)

registration under a class licence for the purpose of reliance on that licence;

(c)

authorisation under a licence to carry out licensed activities at a particular site.

Annotations

Footnotes

f1

1981 c. 69 (“the 1981 Act”).

f2

S.I. 2017/1012.

f3

S.I. 2018/771.

f4

See sections 1 and 2 of the 2006 Act for the constitution and general purpose of Natural England.

f5

See for example section 16(5)(b) and (8) of the 1981 Act for the power to issue a licence to persons of a class.

f6

Relevant amending instruments are, in relation to Schedule 2, the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), section 3; S.I. 1992/310 and S.I. 2020/245; in relation to Schedule 5 the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020, S.I. 1991/367, 1988/288, 1989/906, 1992/2350, 1998/878, 2007/1843, 2008/431, 1927 and 2172; and in relation to Schedule 8, S.I. 1988/288, 1992/2350, 2007/1843 and 2011/2015.

f7

1992 c. 51.

f8

Relevant amending instrument in relation to Schedule 2 is S.I. 2022/858.

f9

The list is available at the following link: https://www.gov.uk/government/publications/habitats-and-species-of-principal-importance-in-england. A hard copy of the list is available from Natural England, County Hall, Spetchley Road, Worcester, WR5 2NP.