UK Statutory Instrument SI 1994 United Kingdom

Conservation (Natural Habitats, &c.) Regulations 1994

These Regulations make provision for implementing Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.

Read it on legislation.gov.uk (opens in a new tab)
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 4 of 22 obligations carry a criminal penalty. 7 carry different penalties and 11 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person10 Occupier1 Director or Officer1

Plus 10 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 2340 other Acts
Occupier — also bound by 235 other Acts
Highways Act 1980 23 duties
Director or Officer — also bound by 429 other Acts
Companies Act 2006 126 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

INTRODUCTORY PROVISIONS

1 of 10 sections shown
s.003 Duties in relation to wild bird habitat Regulated
Other duties (1) — Crown / regulator
  • Scottish public bodies must preserve wild bird habitat in exercising functionsCrown / Minister / Government department
9 other sections in this Part — procedural and definitional
s.001 Citation and commencement
s.002 Interpretation and application
s.002 Interpretation: the Directives
s.003 Duties relating to compliance with the Directives
s.003 Review and guidance
s.003 Reports
s.004 Nature conservation bodies
s.005 Relevant authorities in relation to marine areas and European marine sites
s.006 Competent authorities generally
Part 2

CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES

4 of 41 sections shown
s.007 Duty to designate special areas of conservation Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must designate national-importance sites as SACsCrown / Minister / Government department
s.011 Duty to compile and maintain register of European sites Regulated
Other duties (1) — Crown / regulator
  • Keep a public register of protected European sitesCrown / Minister / Government department
s.015 Local registers: Scotland Regulated
Other duties (1) — Crown / regulator
  • Planning authorities must keep public register of European sitesLocal authority
s.018 Notification of potentially damaging operations Prosecution
  • Damage natural features of a European protected siteAny Person

Unlimited fine

37 other sections in this Part — procedural and definitional
s.008 Priorities for designating special areas of conservation
s.009 Consultation as to inclusion of site omitted from the list
s.009 Special protection area: classification of sites
s.009 Special protection area: notification of proposal
s.009 Special protection area: hearing and representations in respect of a proposal
s.009 Management objectives of the UK site network
s.010 Meaning of “European site” in these Regulations
s.012 Notification to appropriate nature conservation body
s.013 Notice to landowners, relevant authorities, &c.
s.014 Local registration: England and Wales
s.016 Management agreements
s.017 Continuation in force of existing agreement, &c.
s.019 Application of Chapters 2, 3 and 4 of Part 2 of the 2004 Act
s.020 Chapter 2 of Part 2 of the 2004 Act
s.021 Chapter 3 of Part 2 of the 2004 Act
s.022 Chapter 4 of Part 2 of the 2004 Act
s.023 Restriction on carrying out operations specified in order
s.024 Supplementary provisions as to consents
s.025 Compensation for effect of notice
s.026 Restoration where order contravened
s.027 Continuation in force of existing orders, &c.
s.027 Interpretation
s.028 Power to make byelaws
s.029 Byelaws: limitation on effect
s.030 Compensation for effect of byelaws
s.031 Continuation in force of existing byelaws
s.032 Powers of compulsory acquisition
s.033 Marking of site and advice by nature conservation bodies
s.034 Management scheme for European marine site
s.035 Direction to establish or amend management scheme
s.036 Byelaws for protection of European marine site
s.037 Nature conservation policy in planning contexts
s.037 Surveillance of conservation status of habitats and species
s.037 Protection of certain animals and plants from exploitation
s.037 Introduction of new species from ships
s.037 Licensing the introduction of new species
s.037 False statements made for obtaining a licence under regulation 37D
Part 3

PROTECTION OF SPECIES

5 of 13 sections shown
s.039 Protection of wild animals of European protected species Prosecution
  • Harm or disturb European protected speciesAny Person

Unlimited fine

s.041 Prohibition of certain methods of taking or killing wild animals Prosecution
  • Use prohibited methods to take or kill wild animalsAny Person

Unlimited fine

s.043 Protection of certain wild plants Imprisonment
  • Damage or trade in protected wild plantsAny Person
s.046 False statements made for obtaining licence Prosecution
  • Make false statement to obtain conservation licenceAny Person

Unlimited fine

s.046 Offence of breaching licence condition Imprisonment
  • Breach conservation licence conditionAny Person
8 other sections in this Part — procedural and definitional
s.038 European protected species of animals
s.040 Exceptions from regulation 39
s.041 Monitoring incidental capture and killing
s.041 Protection from incidental capture and killing
s.042 European protected species of plants
s.044 Grant of licences for certain purposes
s.044 Delegation of licence granting power: Scotland
s.045 Licences: supplementary provisions
Part 4

ADAPTATION OF PLANNING AND OTHER CONTROLS

5 of 54 sections shown
s.048 Assessment of implications for European site Regulated
  • Provide information for habitat site assessment when applying for consentAny Person
s.048 Directions as regards plans and projects Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must ensure appropriate assessment of European site projectsCrown / Minister / Government department
s.049 Considerations of overriding public interest Regulated
Other duties (1) — Crown / regulator
  • Competent authority must follow consultation and notification procedures before approving projects with negative environmental assessmentStatutory regulator
s.055 Planning permission: duty to review Regulated
Other duties (1) — Crown / regulator
  • Local planning authority must review planning permissions affecting protected habitatsLocal authority
s.056 Planning permission: consideration on review Regulated
Other duties (1) — Crown / regulator
  • Planning authority must consider planning obligations before imposing restrictionsLocal authority
49 other sections in this Part — procedural and definitional
s.047 Application of provisions of this Part
s.050 Review of existing decisions and consents, &c.
s.051 Consideration on review
s.052 Co–ordination where more than one competent authority involved
s.053 Compensatory measures
s.053 Control of operations requiring consent
s.053 Marine licences: duty to review
s.053 Compensatory measures for relevant offshore wind activity
s.054 Grant of planning permission
s.057 Effect of orders made on review: England and Wales
s.058 Effect of orders made on review: Scotland
s.059 Planning permission: supplementary provisions as to compensation
s.060 General development orders
s.061 General development orders: opinion of appropriate nature conservation body
s.062 General development orders: approval of local planning authority
s.063 General development orders: supplementary
s.064 Special development orders
s.064 Local development orders
s.065 Simplified planning zones
s.065 Simplified planning zones and European offshore marine sites
s.066 Enterprise zones
s.066 Enterprise zones and European offshore marine sites
s.067 Simplified planning zones and enterprise zones: supplementary provisions as to compensation
s.067 Grant of development consent
s.067 Development consent: review
s.068 Interpretation
s.069 Construction or improvement of highways or roads
s.069 Core and other paths
s.070 Cycle tracks and other ancillary works
s.071 Consents under Electricity Act 1989: application of general requirements
s.072 Consents under the Electricity Act 1989: procedure on review
s.073 Consents under Electricity Act 1989: effect of review
s.074 Consents under Electricity Act 1989: compensation for revocation or variation
s.075 Authorisations under the Pipe–lines Act 1962: application of general requirements
s.076 Authorisations under the Pipe–lines Act 1962: procedure on review
s.077 Authorisations under the Pipe–lines Act 1962: effect of review
s.078 Authorisations under the Pipe–lines Act 1962: compensation for revocation or variation
s.079 Orders under the Transport and Works Act 1992: application of general requirements
s.080 Orders under the Transport and Works Act 1992: procedure on review
s.081 Order under the Transport and Works Act 1992: effect of review
s.082 Orders under the Transport and Works Act 1992: compensation for revocation or variation
s.083 Authorisations under Part I of the Environmental Protection Act 1990
s.084 Permits or registrations under the Environmental Authorisations (Scotland) Regulations 2018
s.084 Permits under the Pollution Prevention and Control (Scotland) Regulations 2012
s.084 Abstraction and works authorised under water legislation
s.084 Marine works
s.084 Derogations under the Nitrate Pollution Prevention Regulations 2008
s.084 Derogations under the Nitrate Pollution Prevention (Wales) Regulations 2008
s.085 Discharge consents under water pollution legislation
Part 4

APPROPRIATE ASSESSMENTS FOR LAND USE PLANS

1 of 6 sections shown
s.085 Assessment of implications for European site Regulated
Other duties (1) — Crown / regulator
  • Plan-making authorities must assess land use plans for impacts on protected European sitesLocal authority
5 other sections in this Part — procedural and definitional
s.085 Interpretation
s.085 Considerations of overriding public interest
s.085 Co-ordination for land use plan prepared by more than one planning authority
s.085 Compensatory measures
s.085 National Policy Statements
Part 5

SUPPLEMENTARY PROVISIONS

6 of 41 sections shown
s.095 Powers of entry Prosecution
  • Obstruct an authorised person carrying out land survey or valuationOccupier

Fine up to £1,000

s.100 Attempts and possession of means of committing offence Regulated
  • Attempt or possess equipment to commit habitat offenceAny Person
s.101 Offences in connection with constables’ powers to take samples Regulated
  • Obstruct constable taking samplesAny Person
s.101 Offences in connection with wildlife inspectors’ enforcement powers Regulated
  • Obstruct wildlife inspector or fail to comply with inspection requirementsAny Person
s.106 Offences by bodies corporate, &c. Regulated
  • Officer/partner liable for company's nature-conservation offenceDirector or Officer
s.111 Research Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must encourage research and scientific work for wildlifeCrown / Minister / Government department
35 other sections in this Part — procedural and definitional
s.086 Powers of limited owners, &c. to enter into management agreements
s.087 Carrying out of operation after expiry of period
s.088 Duties of agriculture Ministers with respect to European sites
s.089 Payments under certain agreements offered by authorities
s.090 Powers of entry
s.091 Compensation: amount and assessment
s.092 Compensation: other supplementary provisions
s.093 Compensation: procedural provisions
s.094 Procedure for making byelaws, penalties, &c.
s.096 Compensation: England and Wales
s.097 Compensation: Scotland
s.098 Supplementary provisions as to acquisition of land
s.099 Powers of entry
s.101 Enforcement
s.101 Application of sections 19ZC and 19ZD of the Wildlife and Countryside Act 1981
s.101 Wildlife inspectors
s.101 Powers of wildlife inspectors to enter premises
s.101 Wildlife inspectors’ powers for examining specimens and taking samples
s.101 Restrictions on taking samples from live specimens
s.101 Codes of practice
s.101 Advice and assistance from nature conservation bodies
s.102 Proceedings for offences: venue, time limits
s.103 Power of court to order forfeiture
s.104 Saving for other protective provisions
s.104 Application of criminal offences to the Crown
s.105 Powers of drainage authorities
s.106 Application of criminal offences to the Crown
s.107 Local inquiries
s.108 Service of notices
s.109 Advisory role of the JNCC
s.110 Advisory role of Natural England, the Countryside Council for Wales and Scottish Natural Heritage
s.112 Transitional provisions: EU exit
s.113 Amendment of Schedules
s.114 Amendment of the Annexes to the Directives
s.115 Regulations
Schedules

Schedules

0 of 11 shown
11 other schedules
s.sch001 (1) An original order or a restrictive amending order takes...
s.sch001 (1) The Secretary of State shall, where an order has...
s.sch001 (1) Where an order has taken effect immediately and no...
s.sch001 (1) If any representation or objection duly made with respect...
s.sch001 The Secretary of State shall not by virtue of paragraphs...
s.sch001 (1) The Secretary of State shall as soon as practicable...
s.sch001 (1) This paragraph applies to any order which has taken...
s.sch001 In this Schedule– “amending order” and “revoking order” mean an...
s.sch003a The prohibited means of taking or killing mammals are—
s.sch003a The prohibited methods of capturing or killing fish are—
s.sch003a The prohibited modes of transport are— (a) aircraft; and
2 other provisions
s.para.174 Common Name Scientific Name Excluded countries and areas Beaver, Eurasian...
s.para.175 NOTE: The common name or names given in the first...

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