Office of Public Sector Information
Statutory Instruments
wildlife
countryside
Made
22nd June 2007
Laid before Parliament
3rd July 2007
Coming into force in accordance with regulation 2
The Secretary of State is a Minister designated(1) for the purposes of making Regulations under section 2(2) of the European Communities Act 1972(2) in relation to measures relating to the conservation of natural habitats and of fauna and flora.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972.
It appears to the Secretary of State that it is expedient for any reference to an Annex to Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna(3) or to Council Directive 79/409/EEC on the conservation of wild birds(4) to be construed as a reference to that Annex as amended from time to time.
1. These Regulations may be cited as the Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007.
2.—(1) Subject to paragraph (2), these Regulations come into force on 21st August 2007.
(2) Paragraph (21) of regulation 5 comes into force on 21st November 2007.
3.—(1) Except as provided for in this regulation, these Regulations extend to England and Wales only.
(2) Regulations 1, 2 and 4 and this regulation also extend to Scotland so far as necessary.
(3) In regulation 5, paragraphs (2)(a), (2)(d) (except in respect of the definitions “premises” and “sample”), (3) (in respect of the insertion of paragraph (2B) only), (6), (22), (23)(a), (c) and (d), (24)(b), (25) to (27), (29)(c) and (d), (30), (33) to (35), (37) to (39), (41), (42), (44), (45) and (61) also extend to Scotland.
(4) Paragraphs (28), (29)(b), (32), (40), (47), (49) and (51) to (54) of regulation 5 extend to Scotland only.
(5) Regulations 6 and 7 also extend to any place (except Scotland) to which the enactments they amend extend.
4. In these Regulations, “the 1994 Regulations” means the Conservation (Natural Habitats, &c.) Regulations 1994(8).
5.—(1) The 1994 Regulations are amended as follows.
(2) In regulation 2(9) (interpretation and application), in paragraph (1)—
(a) before the definition of “agriculture Minister” insert the following definition—
“ “the 2007 Regulations” means the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007(10);”;
(b) in the definition of “agriculture Minister” omit the words “the Minister of Agriculture, Fisheries and Food or”;
(c) for the definition of “the Habitats Directive”(11) substitute—
“ “the Habitats Directive” has the meaning given by paragraph (2A);”;
(d) in the appropriate places insert the following definitions—
“ “British fishery limits” has the meaning given by the Fishery Limits Act 1976(12);”;
“ “the EC Treaty” means the Treaty establishing the European Community(13);”;
“ “European offshore marine site” means a European offshore marine site within the meaning of regulation 15 (meaning of European offshore marine site) of the 2007 Regulations;”;
“ “the offshore marine area” means—
any part of the seabed and subsoil situated in any area designated under section 1(7) of the Continental Shelf Act 1964(14); and
any part of the waters within British fishery limits (except the internal waters of, and the territorial sea adjacent to, the United Kingdom, the Channel Islands and the Isle of Man);”;
“ “offshore marine installation” means any artificial island, installation or structure (other than a ship) which is situated—
in any part of the waters in any area designated under section 1(7) of the Continental Shelf Act 1964; or
in any part of the waters in any area designated under section 84(4) of the Energy Act 2004(15);”;
“ “premises” includes land (including buildings), movable structures, vehicles, vessels, aircraft and other means of transport;”;
“ “sample” means a sample of blood, tissue or other biological material;”; and
(e) for the definition of “the Wild Birds Directive”(16) substitute—
“ “the Wild Birds Directive” has the meaning given by paragraph (2A);”.
(3) After paragraph (2) of regulation 2 (interpretation and application) insert—
“(2A) In these Regulations—
(a) subject to sub-paragraph (b)—
(i) “the Habitats Directive” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(17); and
(ii) “the Wild Birds Directive” means Council Directive 79/409/EEC on the conservation of wild birds(18);
(b) any reference to any Annex to the Habitats Directive is a reference to that Annex as amended from time to time.
(2B) Any reference to a numbered provision of these Regulations is—
(a) in relation to England and Wales, to the provision of that number which has effect in England and Wales; and
(b) in relation to Scotland, to the provision of that number which has effect in Scotland.”.
(4) In paragraph (5)(b) of regulation 2 (interpretation and application), omit the words from “or, for any purpose” to the end.
(5) In paragraph (2) of regulation 3 (implementation of Directive), omit the words “, the Minister of Agriculture, Fisheries and Food”.
(6) For regulation 4 (nature conservation bodies) substitute the following regulation—
4.—(1) Subject to paragraph (2), in these Regulations “nature conservation body” means Natural England, the Countryside Council for Wales or Scottish Natural Heritage; and references to “the appropriate nature conservation body”, in relation to England, Wales or Scotland shall be construed accordingly.
(2) In Parts IV and IVA of these Regulations, “nature conservation body” also includes the Joint Nature Conservation Committee, and references to “the appropriate nature conservation body” in relation to a European offshore marine site shall be construed as meaning the Joint Nature Conservation Committee.”.
(7) In regulation 5 (relevant authorities in relation to marine areas and European marine sites)—
(a) at the end of sub-paragraph (h) for the full stop substitute “; and”; and
(b) after sub-paragraph (h), add the following sub-paragraph—
“(i) a National Park authority.”.
(8) For regulation 9 (consultation as to inclusion of site omitted from the list) substitute the following regulation—
9. If consultation is initiated by the Commission in accordance with Article 5(1) of the Habitats Directive with respect to a site in Great Britain hosting a priority natural habitat type or priority species, and—
(a) the Secretary of State and the Commission agree, within the six-month period mentioned in Article 5(2) of the Habitats Directive, that the site should be selected as a site of Community importance, or
(b) the Council, acting on a proposal from the Commission in pursuance of Article 5(2) of the Habitats Directive, decides that the site should be so selected,
for the purposes of these Regulations the site is to be treated as having been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive as from the date of the agreement referred to in paragraph (a) or the decision referred to in paragraph (b).”.
(9) In regulation 10(19) (meaning of “European site” in the 1994 Regulations)—
(a) in paragraph (1), for sub-paragraph (e) substitute the following sub-paragraph—
“(e) a site in Great Britain which has been proposed to the Commission by a devolved administration or the Secretary of State as a site eligible for designation as a special area of conservation for the purposes of meeting the United Kingdom’s obligations under Article 4(1) of the Habitats Directive, until such time as—
(i) the site is placed on the list of sites of Community importance referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive; or
(ii) agreement is reached or a decision is taken pursuant to Article 4(2) of that Directive not to place the site on that list.”; and
(b) after paragraph (2) add the following paragraph—
“(3) In this regulation, “a devolved administration” means the Welsh Ministers or the Scottish Ministers.”.
(10) In regulation 11(20) (duty to compile and maintain register of European sites), in paragraph (2), for sub-paragraph (e) substitute the following sub-paragraph—
“(e) any site in England or Wales which has been proposed to the Commission by the Welsh Ministers or the Secretary of State as a site eligible for designation as a special area of conservation for the purposes of meeting the United Kingdom’s obligations under Article 4(1) of the Habitats Directive, until such time as paragraph (i) or (ii) of regulation 10(1)(e) applies.”.
(11) In regulation 35 (direction to establish or amend management scheme), for paragraph (5) substitute the following paragraph—
“(5) In this regulation “the relevant Minister” means the Secretary of State.”.
(12) After regulation 37 (nature conservation in planning contexts) insert the following regulations—
37A.—(1) The Secretary of State (in relation to England) and the Welsh Ministers (in relation to Wales) shall make arrangements for the surveillance of the conservation status of natural habitats of Community interest and species of Community interest, and in particular priority natural habitat types and priority species.
(2) The Secretary of State shall, from time to time—
(a) consult the devolved administrations about the arrangements he has made under paragraph (1);
(b) provide the devolved administrations with such information as he considers appropriate that has been derived from the surveillance arranged by him under paragraph (1); and
(c) review the arrangements he has made under paragraph (1) and, if he thinks it appropriate, revise those arrangements.
(3) The Welsh Ministers shall, from to time—
(a) consult the Secretary of State and the other devolved administrations about the arrangements they have made under paragraph (1);
(b) provide the Secretary of State and the other devolved administrations with such information as they consider appropriate that has been derived from the surveillance arranged by them under paragraph (1); and
(c) review the arrangements they have made under paragraph (1) and, if they think it appropriate, revise those arrangements.
(4) In this regulation “the devolved administrations” means the Welsh Ministers, the Department of the Environment in Northern Ireland and the Scottish Ministers.
37B.—(1) If the Secretary of State considers it necessary, in the light of information derived from surveillance arranged under regulation 37A or otherwise arranged for the purpose of Article 11 of the Habitats Directive, he shall ensure that measures are taken (in England) for the purpose mentioned in paragraph (2).
(2) The purpose referred to in paragraph (1) is to ensure that—
(a) the taking in the wild in England of specimens of a species listed in Annex V to the Habitats Directive, and
(b) the exploitation of such specimens in England,
are compatible with the maintenance of that species at a favourable conservation status.
(3) Where the Secretary of State considers that measures are necessary under paragraph (1) he shall make arrangements (in England) for surveillance for the purpose of establishing whether the taking in the wild of specimens of the species concerned, and the exploitation of specimens of that species, are compatible with the maintenance of that species at a favourable conservation status.
(4) If the Welsh Ministers consider it necessary, in the light of information derived from surveillance arranged under regulation 37A or otherwise arranged for the purpose of Article 11 of the Habitats Directive, they shall ensure that measures are taken (in Wales) for the purpose mentioned in paragraph (5).
(5) The purpose referred to in paragraph (4) is to ensure that—
(a) the taking in the wild in Wales of specimens of a species listed in Annex V to the Habitats Directive, and
(b) the exploitation of such specimens in Wales,
are compatible with the maintenance of that species at a favourable conservation status.
(6) Where the Welsh Ministers consider that measures are necessary under paragraph (4) they shall make arrangements (in Wales) for surveillance for the purpose of establishing whether the taking in the wild of specimens of the species concerned, and the exploitation of specimens of that species, are compatible with the maintenance of that species at a favourable conservation status.
37C.—(1) Subject to regulation 37D, it is an offence for any person on board a ship in any relevant part of the coastal sea deliberately to introduce into those waters, other than in accordance with paragraph (3), any live animal or plant of a kind having a natural range that does not include any area in Great Britain.
(2) For the purposes of paragraph (1), “relevant part” means any part where the introduction would give rise to a risk of prejudice to natural habitats within their natural range or a risk of prejudice to wild native flora or fauna (whether in the place of introduction or elsewhere).
(3) An introduction is in accordance with this paragraph if—
(a) it resulted from a discharge of water carried as ballast and the discharge was necessary for the purpose of protecting the safety of any person or ship; and
(b) all reasonably practicable steps were taken—
(i) to avoid its occurring in an area where it would give rise to a risk of prejudice to natural habitats within their natural range or a risk of prejudice to wild native flora or fauna (whether in the place of introduction or elsewhere); and
(ii) to minimise any risk of such prejudice.
(4) In any proceedings for an offence under this regulation, it is for the defendant to show that the introduction in question was in accordance with paragraph (3).
(5) The Secretary of State (in relation to England) and the Welsh Ministers (in relation to Wales) may issue guidance about steps which may be taken to avoid committing an offence under this regulation.
(6) In any proceedings for an offence under this regulation—
(a) where the offence is alleged to have been committed in England, a court shall have regard to any guidance issued by the Secretary of State under paragraph (5); and
(b) where the offence is alleged to have been committed in Wales, a court shall have regard to any guidance issued by the Welsh Ministers under paragraph (5).
(7) A person guilty of an offence under this regulation is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum; or
(b) on conviction on indictment, to a fine.
(8) Regulations 101 and 102(1) apply in relation to an offence under this regulation as if the references in those regulations to an offence under Part III of these Regulations included a reference to an offence under this regulation.
(9) Section 14 of the Wildlife and Countryside Act 1981(21) shall not apply in relation to any act which is an offence under this regulation.
(10) In this regulation—
“the coastal sea” means any part of the sea within the seawards limits of the territorial waters of the United Kingdom adjacent to England or Wales;
“sea” includes any area submerged at mean high water springs and also includes, so far as the tide flows at mean high water springs, an estuary or arm of the sea and the waters of any channel, creek, bay or river; and
“ship” means any vessel (including hovercraft, submersible craft and other floating craft) other than one which permanently rests on, or is permanently attached to, the seabed.
37D.—(1) Regulation 37C does not apply to—
(a) anything done in England which is done under and in accordance with the terms of a licence granted by the Secretary of State; or
(b) anything done in Wales which is done under and in accordance with the terms of a licence granted by the Welsh Ministers.
(2) The Secretary of State and the Welsh Ministers must not grant a licence under this regulation unless they are satisfied that the action authorised by the licence will not prejudice natural habitats within their natural range or wild native flora and fauna.
(3) A licence under this regulation—
(a) may be, to any degree, general or specific;
(b) may be subject to compliance with any specified conditions;
(c) may be granted either to persons of a class or to a particular person;
(d) may be modified or revoked at any time by the Secretary of State (if it was granted by him) or by the Welsh Ministers (if it was granted by them); and
(e) is valid for the period stated in the licence.
(4) For the purposes of a licence under this regulation the definition of a class of persons may be framed by reference to any circumstances whatever including, in particular, their being authorised by any other person.
(5) The Secretary of State and the Welsh Ministers may charge for a licence under this regulation such reasonable sum as they may determine.
37E.—(1) A person commits an offence if, for the purposes of obtaining, whether for himself or another, the grant of a licence under regulation 37D, he—
(a) makes a statement or representation, or furnishes a document or information, which he knows to be false in a material particular, or
(b) recklessly makes a statement or representation, or furnishes a document or information, which is false in a material particular.
(2) A person guilty of an offence under this regulation is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
(3) Regulations 101 and 102 of these Regulations apply in relation to an offence under this regulation as if the references in those regulations to an offence under Part III of these Regulations included an offence under this regulation.”.
(13) For regulation 39 (protection of wild animals of European protected species) substitute the following regulation—
39.—(1) A person commits an offence if he—
(a) deliberately captures, injures or kills any wild animal of a European protected species;
(b) deliberately disturbs wild animals of any such species in such a way as to be likely significantly to affect—
(i) the ability of any significant group of animals of that species to survive, breed, or rear or nurture their young; or
(ii) the local distribution or abundance of that species;
(c) deliberately takes or destroys the eggs of such an animal; or
(d) damages or destroys a breeding site or resting place of such an animal.
(2) It is an offence for any person—
(a) to have in his possession or control;
(b) to transport;
(c) to sell or exchange; or
(d) to offer for sale or exchange,
anything to which this paragraph applies.
(3) Paragraph (2) applies to—
(a) any live or dead animal or part of an animal—
(i) which has been taken from the wild; and
(ii) which is of a species or subspecies listed in Annex IV(a) to the Habitats Directive; and
(b) any part of, or anything derived from, such an animal or any such part of an animal.
(4) Paragraphs (1) and (2) apply regardless of the stage of the life of the animal in question.
(5) Subject to paragraph (6), a person shall not be guilty of an offence under paragraph (2) if he shows that the animal or part of the animal in question, or the animal or part of the animal from which the part or the thing in question is derived, was lawfully taken from the wild.
(6) The defence in paragraph (5) does not apply—
(a) in respect of the offences in paragraph (2)(a) and (b) if—
(i) the animal in question is an animal of a European protected species or of the species Gortyna borelii lunata (Fisher’s estuarine moth), Lacerta vivipara pannonica (viviparous lizard) or Lycaena dispar (the large copper butterfly), or the part or thing in question is derived from such an animal; and
(ii) the animal, part or thing in question was in the defendant’s possession, or transported by the defendant, for the purpose of sale or exchange; or
(b) in respect of the offences in paragraph (2)(c) and (d), if the animal is an animal of any of the species referred to in sub-paragraph (a), or the part or thing in question is derived from such an animal.
(7) For the purposes of paragraph (5) an animal, or part of an animal, shall be treated as having been lawfully taken from the wild if—
(a) it was taken from the wild in the European territory of a member State, being territory to which the EC Treaty applies, without contravention of the law of that member State and before the implementation date; or
(b) it was taken from the wild elsewhere.
(8) A person shall not be guilty of an offence under paragraph (2) if he shows that the animal, or the animal from which the part or thing in question is derived—
(a) is of a species listed in the second column of Schedule 2A and was from a population occurring in a country or area which is specified in respect of that species in the third column of that Schedule;
(b) is of the species Capra aegagrus (wild goat) and was not from a naturally occurring population;
(c) is of the subspecies Ovis gmelini musimon (European mouflon) and was not from a naturally occurring population in Corsica or Sardinia; or
(d) is of the species Coregonus oxyrhynchus (houting) and either was from Finland or was not from an anadromous population.
(9) Unless the contrary is shown, in any proceedings for an offence under paragraph (1) the animal in question is to be presumed to have been a wild animal.
(10) In any proceedings for an offence under paragraph (2), where it is alleged that an animal or a part of an animal was taken from the wild, it is to be presumed, unless the contrary is shown, that that animal or part of an animal was taken from the wild.
(11) A person guilty of an offence under this regulation is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
(12) In paragraph (1)(b)(i), “significant” means significant in relation to the objectives of the Habitats Directive.
(13) In any proceedings in which a person is charged with an offence under sub-paragraph (b) of paragraph (1) by reason of an effect mentioned in paragraph (i) of that sub-paragraph, the court shall have regard to any guidance given by the appropriate nature conservation body as to the criteria for determining whether a group is significant.
(14) In any proceedings for an offence under paragraph (1), where this paragraph applies the defendant shall not be taken deliberately to have done anything mentioned in sub-paragraph (a), (b) or (c) of that paragraph merely because—
(a) his actions had the result that he did the thing in question; and
(b) he intended those actions and knew that they might have that result.
(15) Paragraph (14) applies where the defendant shows that—
(a) the actions in question were for the purpose, and in the course, of sea fishing;
(b) he did not intend those actions to have the result in question; and
(c) he had taken any steps that could reasonably be taken to ensure compliance with the requirements or conditions of any relevant Community instrument.
(16) In paragraph (15), “any relevant Community instrument” means any instrument relating to sea fishing which—
(a) regulates such fishing for the purpose (whether or not the sole purpose) of minimising the extent to which it has a result of the kind referred to in paragraph (14) or the risk that it may have a result of that kind; and
(b) is adopted by any Community instrument under—
(i) Article 37(2) of the EC Treaty; or
(ii) Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy(22) or any instrument adopted thereunder.
(17) In deciding upon the sentence for a person convicted of an offence under paragraph (1)(d), the court shall in particular have regard to whether that person could reasonably have avoided the damage to or destruction of the breeding site or resting place concerned.
(18) For the purposes of any proceedings for an offence under paragraph (2), the common names given in parentheses in paragraphs (6) and (8) shall be disregarded.
(19) In this regulation—
“the implementation date” means—
where the relevant State became a member State before 10th June 1994, the 10th June 1994; and
in any other case, the date on which the relevant State became a member State; and
“relevant State” means the State in whose territory the animal, or part of it, was taken from the wild.”.
(14) For regulation 40(23) (exceptions from regulation 39) substitute the following regulation—
40.—(1) A person shall not be guilty of the offence under regulation 39(1) of deliberately capturing a wild animal of a European protected species, or an offence under regulation 39(2)(a) or regulation 39(2)(b), if he shows that the act in question—
(a) was in relation to an animal that had been disabled otherwise than by his unlawful act, and
(b) was done solely for one or both of the purposes of—
(i) tending it and releasing it when no longer disabled; or
(ii) releasing it after it had been tended.
(2) A person shall not be guilty of an offence under regulation 39(1)(a), regulation 39(2)(a) or regulation 39(2)(b) if he shows that the act in question—
(a) was in relation to an animal that had been seriously disabled otherwise than by his unlawful act and that there was no reasonable chance of its recovering; and
(b) was done solely for one or both of the purposes of—
(i) ending the animal’s life; or
(ii) disposing of it (otherwise than by sale or exchange) as soon as practicable after it was dead.
(3) A person shall not be guilty of the offence under regulation 39(1) of deliberately injuring a wild animal of a European protected species if he shows that this was done solely—
(a) for the purpose of taking a sample by virtue of—
(i) section 18C, 18E or 19XA of the 1981 Act(24);
(ii) regulation 101A or 101E of these Regulations;
(iii) regulation 9(3) or (5) of the 1997 Regulations; or
(iv) regulation 56(2) of the 2007 Regulations; or
(b) for the purpose of taking a sample to be used in evidence in any criminal proceedings in respect of the following offences (wherever the offence was committed)—
(i) an offence under section 9, 11 or 17 of the 1981 Act or an offence under section 18 of that Act which relates to an offence under section 9 or 11(25);
(ii) an offence under regulation 39, 41 or 46 of these Regulations or an offence under regulation 100 of these Regulations which relates to an offence under regulation 39 or 41(26);
(iii) an offence under the 1997 Regulations or an offence of attempting to commit such an offence; or
(iv) an offence under regulation 39, 41 or 51 of the 2007 Regulations, an offence of attempting to commit an offence under regulation 39 or 41 of those Regulations, or an offence under regulation 64 of those Regulations which relates to an offence under regulation 39 or 41 of those Regulations.
(4) A person shall not be guilty of an offence under regulation 39(2)(a) or (b) if he shows that the act in question was done solely for one or more of the purposes of—
(a) investigating whether any of the following offences is being or has been committed (wherever the offence was committed)—
(i) an offence under section 9, 11 or 17 of the 1981 Act or an offence under section 18 of that Act which relates to an offence under section 9 or 11;
(ii) an offence under regulation 39, 41, or 46 of these Regulations or an offence under regulation 100 of these Regulations which relates to an offence under regulation 39 or 41;
(iii) an offence under the 1997 Regulations or an offence of attempting to commit such an offence; or
(iv) an offence under regulation 39, 41 or 51 of the 2007 Regulations, an offence of attempting to commit an offence under regulation 39 or 41 of those Regulations, or an offence under regulation 64 of those Regulations which relates to an offence under regulation 39 or 41 of those Regulations;
(b) bringing, conducting, or giving evidence in, any criminal proceedings in respect of any such offence; or
(c) giving effect to an order under—
(i) section 21(6) of the 1981 Act;
(ii) regulation 103 of these Regulations; or
(iii) regulation 11 of the 1997 Regulations.
(5) In this regulation—
“the 1981 Act” means the Wildlife and Countryside Act 1981(27); and
“the 1997 Regulations” means the Control of Trade in Endangered Species (Enforcement) Regulations 1997(28).”.
(15) In regulation 41 (prohibition of certain methods of taking or killing wild animals)—
(a) in paragraph (1) substitute “capturing” for “taking” in both cases;
(b) in paragraph (2) substitute “capturing” for “taking” in both cases;
(c) omit “or” at the end of paragraph (2)(a);
(d) in paragraph (2)(b) for “below.” substitute “below, or”;
(e) after paragraph (2)(b) add the following sub-paragraph—
“(c) any other means of capturing or killing which is indiscriminate and capable of causing the local disappearance of, or serious disturbance to, a population of any species of animal listed in Schedule 3 to these Regulations or any European protected species of animal.”;
(f) in paragraph (3) substitute “capturing” for “taking”;
(g) in paragraph (4) substitute “capturing” for “taking”; and
(h) in paragraph (6)—
(i) after “summary conviction” insert “to imprisonment for a term not exceeding six months or”; and
(ii) after “standard scale” insert “, or to both”.
European Communities (Designation) (No. 4) Order 1992 (S.I. 1992/2870). Back [1]
Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora was last amended by Council Directive 2006/105/EC of 20 November 2006 adapting Directives 79/409/EEC, 92/43/EEC, 97/68/EC, 2001/80/EC and 2001/81/EC in the field of environment, by reason of the accession of Bulgaria and Romania (O.J. No. L363, 20.12.2006, p. 368; and see O.J. L80, 21.3.2007, p. 15, for the Corrigendum amending the original title). Back [3]
Council Directive 79/409/EEC on the conservation of wild birds was last amended by Council Directive 2006/105/EC of 20 November 2006 adapting Directives 79/409/EEC, 92/43/EEC, 97/68/EC, 2001/80/EC and 2001/81/EC in the field of environment, by reason of the accession of Bulgaria and Romania (O.J. No. L363, 20.12.2006, p. 368; and see O.J. L80, 21.3.2007, p. 15, for the Corrigendum amending the original title). Back [4]
In so far as these Regulations deal with matters that are within the devolved competence of Scottish Ministers (by virtue of section 53 of the Scotland Act 1998 (c.46)), the power of the Secretary of State to make regulations in relation to those matters in or as regards Scotland is preserved by section 57(1) of the Scotland Act 1998 . Back [5]
Paragraph 1A was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51). Back [6]
S.I. 1994/2716. The 1994 Regulations make provision for the purpose of implementing, for Great Britain, Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora. In relation to Wales, the functions of the Secretary of State under the 1994 Regulations were transferred to the National Assembly for Wales (with the exception of those under regulations 71 to 78) by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I 1999/672). By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c. 32), the relevant functions were transferred from the National Assembly for Wales to the Welsh Ministers. In relation to Scotland, the functions of the Secretary of State under the 1994 Regulations were, so far as they are exercisable within devolved competence, transferred to the Scottish Ministers by section 53 of the Scotland Act 1998. Relevant amendments to the 1994 Regulations are noted in footnotes below. Back [8]
The definition of “the Habitats Directive” in regulation 2(1) of the 1994 Regulations was previously amended by regulation 2(2) of the Conservation (Natural Habitats, & c.) (Amendment) Regulations 1997 (S.I. 1997/3055). Back [9]
S.I. 2007/1842. Back [10]
Council Directive 92/43/EEC (OJ No. L206, 22.7.92, p.7). Back [11]
1976 c.86. Back [12]
A consolidated version can be found at O.J. No. C321E, 29.12.06. Back [13]
1964 c.29. Section 1(7) was amended by the Oil and Gas (Enterprise) Act 1982 (c.23) section 37 and Schedule 3, paragraph 1. Areas have been designated under section 1(7) by S.I. 2000/3062 and 2001/3670. Back [14]
Council Directive 79/409/EEC (OJ No. L103, 25.4.1979, p.1). Back [16]
Council Directive 92/43/EEC (OJ No. L206, 22.7.92, p.7). The Directive was last amended by Council Directive 2006/105/EC of 20 November 2006 adapting Directives 79/409/EEC, 92/43/EEC, 97/68/EC, 2001/80/EC and 2001/81/EC in the field of environment, by reason of the accession of Bulgaria and Romania (O.J. No. L363, 20.12.2006, p. 368; and see O.J. L80, 21.3.2007, p. 15, for the Corrigendum amending the original title). Back [17]
Council Directive 79/409/EEC (OJ No. L103, 25.4.1979, p.1). The Directive was last amended by Council Directive 2006/105/EC (referred to above). Back [18]
Regulation 10(1)(e) was inserted by regulation 2 of the Conservation (Natural Habitats, &c.) (Amendment) (England) Regulations 2000 (S.I. 2000/192). Back [19]
Regulation 11(2)(e) was inserted by regulation 2 of the Conservation (Natural Habitats, &c.) (Amendment) (England) Regulations 2000 (S.I. 2000/192). Back [20]
1981 c. 69. Section 14(5) and (6) of the Wildlife and Countryside Act 1981 were repealed by section 102 of, and Part IV of Schedule 16 to, the Countryside and Rights of Way Act 2000 (c.37). Back [21]
O.J. No. L358, 31.12.02, p. 59. Back [22]
Regulation 40(7) was amended by article 3 of, and paragraph 18(3) of the Schedule to, the Local Government Reorganisation (Wales) (Consequential Amendments) Order 1996 (S.I. 1996/525). Back [23]
Sections 18C, 18E and 19XA were inserted into the 1981 Act by section 52 of, and paragraphs 1 and 3 of Schedule 5 to, the Natural Environment and Rural Communities Act 2006 (c.14). Back [24]
Section 9(4) of the 1981 Act was amended by section 81(1) of, and paragraph 5(a) of Schedule 12 to, the Countryside and Rights of Way Act 2000 (c.37). Section 9(4A) was inserted by section 81(1) of, and paragraph 5(b) of Schedule 12 to, the Countryside and Rights of Way Act 2000. Section 11(1) of the 1981 Act was amended by section 2(2) of the Wildlife and Countryside (Amendment) Act 1991 (c.39). Section 11(1) was also amended by section 50 of, and paragraphs 1 and 10(1) to (5) of Schedule 6 to, the Nature Conservation (Scotland) Act 2004. Section 11(2) was amended by section 2(3) of the Wildlife and Countryside (Amendment) Act 1991 and by section 50 of, and paragraphs 1 and 10(5) and (6) of Schedule 6 to, the Nature Conservation (Scotland) Act 2004. Section 11(3) was substituted and subsections (3A) to (3E) were inserted by section 50 of, and paragraphs 1 and 10(1) and (6) of Schedule 6 to, the Nature Conservation (Scotland) Act 2004. Finally, section 17 was amended by section 102 of, and Part IV of Schedule 16, to the Countryside and Rights of Way Act 2000. Back [25]
Regulation 39 was substituted in relation to Scotland by regulation 10 of the Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80). Regulation 41 was amended in relation to Scotland by regulation 12 of the same Regulations. Back [26]
1981 c.69. Back [27]
S.I. 1997/1372. Regulation 8, which contains offences relating to the purchase and sale etc of specimens of certain species of animals and plants, was substituted by regulation 3 of the Control in Trade in Endangered Species (Enforcement) (Amendment) Regulations 2005 (S.I. 2005/1674). Back [28]
Amended by correction slip on 01 October 2007
The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007