Statutory Rule 1995 No. 380

      The Conservation (Nature Habitats, etc.) Regulations (Northern Ireland) 1995


      © Crown Copyright 1995

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STATUTORY RULES OF NORTHERN IRELAND

1995 No. 380

EUROPEAN COMMUNITIES

NATURE CONSERVATION

The Conservation (Nature Habitats, etc.) Regulations (Northern Ireland) 1995

Made 5th October 1995
Coming into operation 13th November 1995


ARRANGEMENT OF REGULATIONS

PART I
INTRODUCTORY PROVISIONS
1.  Citation and commencement.
2.  Interpretation and application.
3.  Implementation of Directive.
4.  Relevant authorities in relation to marine areas and European marine sites.
5.  Competent authorities generally.
PART II
CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES
European sites
6.  Selection of sites eligible for identification as of Community importance.
7.  Adoption of list of sites: designation of special areas of conservation.
8.  Consultation as to inclusion of site omitted from the list.
9.  Meaning of "European site" in these Regulations.
Register of European sites
10.  Duty to compile and maintain a register of European sites.
11.  Notice to landowners, district councils, etc.
12.  Entry in Statutory Charges Register.
Management agreements
13.  Management agreements.
14.  Continuation in force of existing agreements, etc.
Control of potentially damaging operations
15.  Declaration of potentially damaging operations.
16.  Restriction on carrying out operations specified in declaration.
17.  Supplementary provisions as to consents.
18.  Provision as to existing notices and consents.
Compensation
19.  Compensation: payment.
20.  Compensation: amount and assessment.
21.  Compensation: procedural provisions.
22.  Restoration where person convicted of an offence under regulation 16.
Byelaws
23.  Power to make byelaws.
24.  Byelaws: limitation on effect.
25.  Compensation for effect of byelaws.
26.  Continuation in force of existing byelaws.
Power of acquisition
27.  Power of acquisition.
Special provisions as to European marine sites
28.  Marking of site and advice by the Secretary of State.
29.  Management scheme for European marine site.
30.  Direction to establish or amend management scheme.
31.  Byelaws for protection of European marine site.
Miscellaneous
32.  Nature conservation policy in planning contexts.
PART III
PROTECTION OF SPECIES
Protection of animals
33.  European protected species of animals.
34.  Protection of wild animals of European protected species.
35.  Exceptions from regulation 34.
36.  Prohibition of certain methods of taking or killing wild animals.
Protection of plants
37.  European protected species of plants.
38.  Protection of wild plants of European protected species.
Power to grant licences
39.  Grant of licences for certain purposes.
40.  Licences: supplementary provisions.
41.  False statements made for obtaining licence.
PART IV
ADAPTATION OF PLANNING AND OTHER CONTROLS
Introductory
42.  Application of the provisions of this Part.
General provisions for protection of European sites
43.  Assessment of implications for European site.
44.  Considerations of overriding public interest.
45.  Review of existing decisions and consents, etc.
46.  Consideration on review.
47.  Co-ordination where more than one competent authority involved.
48.  Compensatory measures.
Planning
49.  Planning decisions.
50.  Planning permission: duty on review.
51.  Planning permission: consideration on review.
52.  Effect of revocation or modification orders made on review.
53.  Effect of discontinuance orders made on review.
54.  Planning permission: supplementary provisions as to compensation.
55.  General development orders.
56.  General development orders: determination by Department.
57.  Special development orders.
58.  Simplified planning zones.
59.  Enterprise zones.
60.  Simplified planning zones and enterprise zones: supplementary provisions as to compensation.
61.  Construction as one with planning legislation.
Roads
62.  Construction of roads.
Environmental controls
63.  Licences under Part II of the Pollution Control and Local Government (Northern Ireland) Order 1978.
64.  Discharge consents under water pollution legislation.
PART V
SUPPLEMENTARY PROVISIONS
Supplementary provisions as to potentially damaging operations
65.  Duties of Department of Agriculture with respect to European sites.
Supplementary provisions as to byelaws
66.  Enforcement of byelaws.
Supplementary provisions as to protection of species
67.  Enforcement.
68.  Proceedings for offences: venue, time limits.
69.  Power of court to order forfeiture.
70.  Saving for other protective provisions.
General Supplementary provisions
71.  Public inquiries.
72.  Amendments.


  Schedule 1—  Modifications of Schedule 6 to Local Government Act (Northern Ireland) 1972 for the purposes of Regulation 27(3).

  Schedule 2—  European Protected Species of Animals.

  Schedule 3—  Animals which may not be taken or killed in certain ways.

  Schedule 4—  European Protected Species of Plants.

 

Explanatory Note


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