Article 2 Interpretation
In this Order—
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“the 1981 Act” means the Wildlife and Countryside Act 1981f1;
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“the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017f2;
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“the 2018 Order” means the Wildlife Licence Charges (England) Order 2018f3;
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“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;
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“bats” means all species of—
- (a)
horseshoe bats (Rhinolophidae);
- (b)
typical bats (Vespertilionidae);
- (a)
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“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;
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“protected species or habitat” means—
- (a)
- (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
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“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.
In this Order, the issue of a licence includes—
renewal or modification of a licence;
registration under a class licence for the purpose of reliance on that licence;
authorisation under a licence to carry out licensed activities at a particular site.
Annotations
Footnotes
- f1
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1981 c. 69 (“the 1981 Act”).
- f2
- f3
- f4
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See sections 1 and 2 of the 2006 Act for the constitution and general purpose of Natural England.
- f5
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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
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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
- f8
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Relevant amending instrument in relation to Schedule 2 is S.I. 2022/858.
- f9
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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.