Northern Ireland Statutory Rule SI 1995 Northern Ireland

Conservation (Natural Habitats, ) Regulations (Northern Ireland) 1995

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
OEP, NIEA
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 3 of 31 obligations carry an unlimited fine. 3 carry different penalties and 25 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person6 Operator1 Occupier1

Plus 23 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2684 other Acts
Operator — also bound by 803 other Acts
Occupier — also bound by 246 other Acts
Highways Act 1980 23 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

1 of 5 sections shown
s.003 reg.3 Regulated
Other duties (1) — Crown / regulator
  • Public authorities in NI must comply with Habitats Directive when exercising functionsCrown / Minister / Government department
4 other sections in this Part — procedural and definitional
s.001 reg.1
s.002 reg.2
s.004 reg.4
s.005 reg.5
Part 2

13 of 27 sections shown
s.006 reg.6 Regulated
Other duties (1) — Crown / regulator
  • Department must propose and transmit list of protected habitat sitesCrown / Minister / Government department
s.007 reg.7 Regulated
Other duties (1) — Crown / regulator
  • Department must designate adopted sites as special areas of conservation within six yearsCrown / Minister / Government department
s.010 reg.10 Regulated
Other duties (1) — Crown / regulator
  • Department must maintain a public register of European sitesCrown / Minister / Government department
s.011 reg.11 Regulated
Other duties (1) — Crown / regulator
  • Department must notify owners and councils of register changesCrown / Minister / Government department
s.015 reg.15 Regulated
Other duties (1) — Crown / regulator
  • Department must notify owners and occupiers of changes to protected site declarationsCrown / Minister / Government department
s.016 reg.16 Regulated
  • Get written consent before carrying out specified operations on a European protected siteOccupier
s.017 reg.17 Regulated
Other duties (1) — Crown / regulator
  • Department must assess protected-site impacts before granting consentCrown / Minister / Government department
s.018 reg.18 Regulated
Other duties (1) — Crown / regulator
  • Department must review existing European-site consents against conservation objectivesCrown / Minister / Government department
s.019 reg.19 Regulated
Other duties (1) — Crown / regulator
  • Department must pay compensation for land value loss from habitat declarationCrown / Minister / Government department
s.022 reg.22 Prosecution
  • Fail to comply with land restoration orderAny Person

Unlimited fine

s.023 reg.23 Regulated
Other duties (1) — Crown / regulator
  • Consult the Council before making byelaws for a European siteCrown / Minister / Government department
s.028 reg.28 Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must advise relevant authorities on marine site conservation objectivesCrown / Minister / Government department
s.032 reg.32 Regulated
Other duties (1) — Crown / regulator
  • Department must encourage management of key landscape features in planning policiesCrown / Minister / Government department
14 other sections in this Part — procedural and definitional
s.008 reg.8
s.009 reg.9
s.012 reg.12
s.013 reg.13
s.014 reg.14
s.020 reg.20
s.021 reg.21
s.024 reg.24
s.025 reg.25
s.026 reg.26
s.027 reg.27
s.029 reg.29
s.030 reg.30
s.031 reg.31
Part 3

4 of 9 sections shown
s.034 reg.34 Prosecution
  • Harm European protected species or their habitatsAny Person

Unlimited fine

s.036 reg.36 Prosecution
  • Use prohibited methods or transport to take or kill protected wild animalsAny Person

Unlimited fine

s.038 reg.38 Prosecution
  • Deliberately damage or trade European protected wild plantsAny Person

Fine up to £2,500

s.041 reg.41 Prosecution
  • Make false statement to obtain licenceAny Person

Fine up to £2,500

5 other sections in this Part — procedural and definitional
s.033 reg.33
s.035 reg.35
s.037 reg.37
s.039 reg.39
s.040 reg.40
Part 4

10 of 23 sections shown
s.043 reg.43 Regulated
Other duties (1) — Crown / regulator
  • Competent authority must assess impact on European sites before granting consentStatutory regulator
s.045 reg.45 Regulated
Other duties (1) — Crown / regulator
  • Competent authorities must review consents when sites become European sitesCrown / Minister / Government department
s.046 reg.46 Regulated
Other duties (1) — Crown / regulator
  • Reviewing authority must follow habitat-protection review process for consentsCrown / Minister / Government department
s.047 reg.47 Regulated
Other duties (1) — Crown / regulator
  • Competent authorities must seek and consider other authorities' viewsCrown / Minister / Government department
s.048 reg.48 Regulated
Other duties (1) — Crown / regulator
  • Department must secure compensatory measures for approved plans harming protected sitesCrown / Minister / Government department
s.050 reg.50 Regulated
Other duties (1) — Crown / regulator
  • Department must review qualifying planning permissions against habitats obligationsCrown / Minister / Government department
s.051 reg.51 Regulated
Other duties (1) — Crown / regulator
  • Department must consider planning agreements before enforcing against adverse effects on European sitesCrown / Minister / Government department
s.052 reg.52 Regulated
Other duties (1) — Crown / regulator
  • Department must follow procedure for provisional orders revoking mineral planning permissionCrown / Minister / Government department
s.053 reg.53 Regulated
Other duties (1) — Crown / regulator
  • Department must issue provisional orders before confirming land-use restrictionsCrown / Minister / Government department
s.055 reg.55 Regulated
  • Get written determination before development that may affect a European siteOperator
13 other sections in this Part — procedural and definitional
s.042 reg.42
s.044 reg.44
s.049 reg.49
s.054 reg.54
s.056 reg.56
s.057 reg.57
s.058 reg.58
s.059 reg.59
s.060 reg.60
s.061 reg.61
s.062 reg.62
s.063 reg.63
s.064 reg.64
Part 5

3 of 8 sections shown
s.065 reg.65 Regulated
Other duties (1) — Crown / regulator
  • Department must offer management agreements for refused farm capital grantsCrown / Minister / Government department
s.066 reg.66 Prosecution
  • Breach conservation byelaw or obstruct enforcement officerAny Person

Fine up to £500

s.069 reg.69 Regulated
Other duties (1) — Crown / regulator
  • Court must order forfeiture of items related to offences under Part IIITribunal / Court
5 other sections in this Part — procedural and definitional
s.067 reg.67
s.068 reg.68
s.070 reg.70
s.071 reg.71
s.072 reg.72
Schedules

Schedules

0 of 14 shown
14 other schedules
s.sch001 References to the Department or to the council shall be...
s.sch001 In paragraph 12— (a) in sub-paragraph (1) omit the words...
s.sch001 In paragraph 14(1) omit the words “in the prescribed form”....
s.sch001 In paragraph 15(1) for the words “in the prescribed form”...
s.sch001 Omit paragraph 19.
s.sch001 Omit paragraph 20(2).
s.sch001 References to Schedule 6 to the Local Government Act (Northern...
s.sch001 Omit paragraph 1.
s.sch001 In paragraph 2— (a) for the words from the beginning...
s.sch001 In paragraph 3(1)(ii) for the word “refuse” substitute “decide not”....
s.sch001 In paragraph 4 omit the words from “and may provide”...
s.sch001 In paragraph 5— (a) in sub-paragraph (1)(a) omit the words...
s.sch001 In paragraph 6(2) for the words “fund out of which...
s.sch001 In paragraph 11(3) omit the words “in the prescribed form”....

Help complying

Guvnor’s practical routes through this instrument.

1 more guide that reference this instrument
DAERA consents for radioactive substances and peat extraction

Connected legislation

The wider family of instruments made under the same parent Act.

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.