UK Statutory Instrument SI 2010/490 United Kingdom

The Conservation of Habitats and Species Regulations 2010

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Enforced by
TPR
Status
In Force
Penalty ceiling
Imprisonment 2 of 8 obligations carry an unlimited fine. 3 carry different penalties and 3 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person5 Operator1

Plus 2 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

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Any Person — also bound by 2340 other Acts
Operator — also bound by 746 other Acts

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.

Schedules

Schedules

0 of 22 shown
22 other schedules
s.sch001 SPECIAL NATURE CONSERVATION ORDERS: PROCEDURE (opens in a new tab)
s.sch001 (1) An original order or a restrictive amending order takes...
s.sch001 (1) The appropriate authority must, where an order has been...
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 appropriate authority may not, by virtue of paragraph 3(1)...
s.sch001 (1) The appropriate authority must, as soon as practicable after...
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.sch002 EUROPEAN PROTECTED SPECIES OF ANIMALS (opens in a new tab)
s.sch003 EXCLUDED POPULATIONS OF CERTAIN SPECIES (opens in a new tab)
s.sch004 ANIMALS WHICH MAY NOT BE CAPTURED OR KILLED IN CERTAIN WAYS (opens in a new tab)
s.sch005 EUROPEAN PROTECTED SPECIES OF PLANTS (opens in a new tab)
s.sch006 AMENDMENTS OF LEGISLATION (opens in a new tab)
s.sch006 Amendment of the Harbours Act 1964
s.sch006 Amendment of the Conservation of Seals Act 1970
s.sch006 Amendment of the Highways Act 1980
s.sch006 Amendment of the Constitutional Reform Act 2005
s.sch006 Amendment of the Marine Act
s.sch006 Amendment of the 1994 Regulations
s.sch006 Amendment of the 2007 Regulations
s.sch007 REVOCATIONS (opens in a new tab)
s.023 Sites of special scientific interest which become European sites: duty to review Regulated
Other duties (1) — Crown / regulator
  • Regulator must review existing consents when a site becomes a European siteStatutory regulator
s.041 Protection of certain wild animals: offences Imprisonment
  • Harming or disturbing European protected speciesAny Person
s.045 Protection of certain wild plants: offences Imprisonment
  • Damage or destroy protected wild plantsAny Person
s.058 Offence of breaching licence condition Prosecution
  • Breach of licensing conditions for copyright collective managementAny Person

Unlimited fine

s.069 Planning permission: duty to review Regulated
Other duties (1) — Crown / regulator
  • Relevant authority must review planning permissions and conservationLocal authority
s.073 General development orders Regulated
  • Obtain approval before developing on or near European protected sitesOperator
s.116 Attempts and possession of means of committing offence Imprisonment
  • Attempting or possessing equipment to commit wildlife crimesAny Person
s.119 Offences in connection with wildlife inspectors' enforcement powers Prosecution
  • Obstruct or fail to assist a wildlife inspectorAny Person

Unlimited fine

136 other provisions
s.001 Citation and commencement
s.002 Extent
s.003 Interpretation
s.004 Plans or projects relating to offshore marine area or offshore marine installations
s.005 Nature conservation bodies
s.006 Relevant authorities in relation to marine areas and European marine sites
s.007 Competent authorities
s.008 European sites and European marine sites
s.009 Duties relating to compliance with the Directives
s.010 Selection of sites eligible for identification as of Community importance
s.011 Designation of special areas of conservation
s.012 Consultation as to inclusion of site omitted from the list
s.013 Register of European sites
s.014 Notification of changes to the register
s.015 Notice to landowners and other bodies
s.016 Management agreements
s.017 Existing agreements
s.018 Certain payments under management agreements
s.019 Notification of potentially damaging operations
s.020 Restriction on carrying out operations specified in notification
s.021 Assessment of implications for European sites
s.022 Notification of appropriate authority in case of risk
s.024 Farm capital grants
s.025 Power to make special nature conservation order
s.026 Restriction on carrying out operations specified in order
s.027 Assessment of implications for European sites after service of stop notice
s.028 Compensation for effect of stop notice
s.029 Restoration orders
s.030 Power to make byelaws
s.031 Byelaws: supplementary provisions
s.032 Compensation for effect of byelaws
s.033 Continuation in force of existing byelaws
s.034 Powers of compulsory acquisition
s.035 Marking of site and advice by nature conservation bodies
s.036 Management scheme for European marine site
s.037 Direction to establish or amend management scheme
s.038 European marine sites: byelaws and orders
s.039 Nature conservation policy in planning contexts
s.040 European protected species of animals
s.042 Protection of certain wild animals: defences
s.043 Prohibition of certain methods of capturing or killing wild animals
s.044 European protected species of plants
s.046 Protection of certain wild plants: defences
s.047 Interpretation of Part 3
s.048 Surveillance of conservation status of habitats and species
s.049 Protection of certain animals and plants from exploitation
s.050 Monitoring of incidental capture and killing
s.051 Protection from incidental capture and killing
s.052 Introduction of new species from ships
s.053 Licences for certain activities relating to animals or plants
s.054 Licences for the introduction of new species
s.055 Licences: general provisions
s.056 Relevant licensing body
s.057 False statements made for obtaining licence
s.059 Interpretation of Part 6
s.060 Application of provisions of Chapter 1
s.061 Assessment of implications for European sites and European offshore marine sites
s.062 Considerations of overriding public interest
s.063 Review of existing decisions and consents
s.064 Consideration on review
s.065 Co-ordination where more than one competent authority involved
s.066 Compensatory measures
s.067 Modifications of regulations 61 to 66 in certain cases
s.068 Grant of planning permission
s.070 Planning permission: consideration on review
s.071 Planning permission: effect of orders made on review
s.072 Planning permission: supplementary provisions as to compensation
s.074 General development orders: opinion of appropriate nature conservation body
s.075 General development orders: approval of local planning authority
s.076 General development orders: supplementary
s.077 Special development orders
s.078 Local development orders
s.079 Simplified planning zones
s.080 Enterprise zones
s.081 Grant of development consent
s.082 Development consent: review
s.083 Interpretation of Chapter 2
s.084 Construction or improvement of highways or roads
s.085 Cycle tracks and other ancillary works
s.086 Consents under Electricity Act 1989: application of assessment and review provisions
s.087 Consents under Electricity Act 1989: procedure on review
s.088 Consents under Electricity Act 1989: effect of review
s.089 Consents under Electricity Act 1989: compensation
s.090 Authorisations under Pipe-lines Act 1962: application of assessment and review provisions
s.091 Authorisations under Pipe-lines Act 1962: procedure on review
s.092 Authorisations under Pipe-lines Act 1962: effect of review
s.093 Authorisations under Pipe-lines Act 1962: compensation
s.094 Orders under Transport and Works Act 1992: application of assessment and review provisions
s.095 Orders under Transport and Works Act 1992: procedure on review
s.096 Orders under Transport and Works Act 1992: effect of review
s.097 Orders under Transport and Works Act 1992: compensation
s.098 Environmental permits
s.099 Abstraction and works authorised under water legislation
s.100 Marine works
s.101 Derogations in relation to nitrate pollution prevention legislation
s.102 Assessment of implications for European sites and European offshore marine sites
s.103 Considerations of overriding public interest
s.104 Co-ordination for land use plan prepared by more than one authority
s.105 Compensatory measures
s.106 National policy statements
s.107 Interpretation of Chapter 8
s.108 Wildlife inspectors
s.109 Powers of entry: constables
s.110 Powers of entry: wildlife inspectors
s.111 Powers of entry: other authorised persons
s.112 Constables' powers of search, etc.
s.113 Powers in relation to samples: constables
s.114 Powers in relation to specimens and samples: wildlife inspectors
s.115 Restrictions on taking samples from live specimens
s.117 Obstruction of persons exercising powers of entry under regulation 111
s.118 Obstruction in connection with constables' powers to take samples
s.120 Codes of practice
s.121 Advice and assistance from nature conservation bodies
s.122 Forfeiture
s.123 Proceedings for offences: venue and time limits
s.124 Offences by bodies corporate etc.
s.125 Application of criminal offences to the Crown
s.126 Interpretation of Part 7
s.127 Powers of drainage authorities
s.128 Advisory role of the Joint Nature Conservation Committee
s.129 Advisory role of Natural England, the Natural Resources Body for Wales and Scottish Natural Heritage
s.130 Local inquiries
s.131 Notices
s.132 Amendments of legislation
s.133 Revocations
s.134 Transitional provisions
s.135 Review
s.assessment of implications for european site: neig Assessment of implications for European site: neighbourhood development plans
s.classification of sites as special protection area Classification of sites as special protection areas
s.duties in relation to wild bird habitat Duties in relation to wild bird habitat
s.marine plan Marine plan
s.marine policy statement Marine policy statement
s.neighbourhood development orders Neighbourhood development orders
s.notification of a proposal to classify a special p Notification of a proposal to classify a special protection area
s.research Research
s.review by appropriate nature conservation body Review by appropriate nature conservation body

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