UK Statutory Instrument
2010
United Kingdom
The Conservation of Habitats and Species Regulations 2010
At a glance
Enforced by
What's here
8 compliance obligations
Penalty landscape
2 of 8 obligations carry an unlimited fine. 3 carry different penalties and 3 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 5
- Operator 1
Plus 2 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Operators also bound by 730 other Acts (top 5 shown)
- Regulation (EU) No 965/2012 (Air Operations) 2012 138 duties
- Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (Text with EEA relevance) 2018 121 duties
- Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance) (repealed) 2012 112 duties
- Space Industry Regulations 2021 2021 75 duties
- Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (Text with EEA relevance) 2016 66 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — INTRODUCTORY AND GENERAL PROVISIONS
Browse 11 other sections in this Part — procedural / definitional / commencement
Extent
Interpretation
Plans or projects relating to offshore marine area or offshore marine installations
Nature conservation bodies
Relevant authorities in relation to marine areas and European marine sites
Competent authorities
European sites and European marine sites
Duties relating to compliance with the Directives
Duties in relation to wild bird habitat
Review by appropriate nature conservation body
Part 2 — CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES
Browse 32 other sections in this Part — procedural / definitional / commencement
Selection of sites eligible for identification as of Community importance
Designation of special areas of conservation
Consultation as to inclusion of site omitted from the list
Classification of sites as special protection areas
Notification of a proposal to classify a special protection area
Register of European sites
Notification of changes to the register
Notice to landowners and other bodies
Management agreements
Existing agreements
Certain payments under management agreements
Notification of potentially damaging operations
Restriction on carrying out operations specified in notification
Assessment of implications for European sites
Notification of appropriate authority in case of risk
Sites of special scientific interest which become European sites: duty to review
Farm capital grants
Power to make special nature conservation order
Restriction on carrying out operations specified in order
Assessment of implications for European sites after service of stop notice
Compensation for effect of stop notice
Restoration orders
Power to make byelaws
Byelaws: supplementary provisions
Compensation for effect of byelaws
Continuation in force of existing byelaws
Powers of compulsory acquisition
Marking of site and advice by nature conservation bodies
Management scheme for European marine site
Direction to establish or amend management scheme
European marine sites: byelaws and orders
Nature conservation policy in planning contexts
Part 3 — PROTECTION OF SPECIES
Browse 8 other sections in this Part — procedural / definitional / commencement
European protected species of animals
Protection of certain wild animals: offences
Protection of certain wild animals: defences
Prohibition of certain methods of capturing or killing wild animals
European protected species of plants
Protection of certain wild plants: offences
Protection of certain wild plants: defences
Interpretation of Part 3
Part 4 — ADDITIONAL PROTECTION OF HABITATS AND WILD ANIMALS AND PLANTS
Browse 5 other sections in this Part — procedural / definitional / commencement
Surveillance of conservation status of habitats and species
Protection of certain animals and plants from exploitation
Monitoring of incidental capture and killing
Protection from incidental capture and killing
Introduction of new species from ships
Part 5 — LICENCES
Browse 6 other sections in this Part — procedural / definitional / commencement
Licences for certain activities relating to animals or plants
Licences for the introduction of new species
Licences: general provisions
Relevant licensing body
False statements made for obtaining licence
Offence of breaching licence condition
Part 6 — ASSESSMENT OF PLANS AND PROJECTS
Browse 53 other sections in this Part — procedural / definitional / commencement
Interpretation of Part 6
Application of provisions of Chapter 1
Assessment of implications for European sites and European offshore marine sites
Considerations of overriding public interest
Review of existing decisions and consents
Consideration on review
Co-ordination where more than one competent authority involved
Compensatory measures
Modifications of regulations 61 to 66 in certain cases
Grant of planning permission
Planning permission: duty to review
Planning permission: consideration on review
Planning permission: effect of orders made on review
Planning permission: supplementary provisions as to compensation
General development orders
General development orders: opinion of appropriate nature conservation body
General development orders: approval of local planning authority
General development orders: supplementary
Special development orders
Local development orders
Neighbourhood development orders
Simplified planning zones
Enterprise zones
Grant of development consent
Development consent: review
Interpretation of Chapter 2
Construction or improvement of highways or roads
Cycle tracks and other ancillary works
Consents under Electricity Act 1989: application of assessment and review provisions
Consents under Electricity Act 1989: procedure on review
Consents under Electricity Act 1989: effect of review
Consents under Electricity Act 1989: compensation
Authorisations under Pipe-lines Act 1962: application of assessment and review provisions
Authorisations under Pipe-lines Act 1962: procedure on review
Authorisations under Pipe-lines Act 1962: effect of review
Authorisations under Pipe-lines Act 1962: compensation
Orders under Transport and Works Act 1992: application of assessment and review provisions
Orders under Transport and Works Act 1992: procedure on review
Orders under Transport and Works Act 1992: effect of review
Orders under Transport and Works Act 1992: compensation
Environmental permits
Abstraction and works authorised under water legislation
Marine works
Derogations in relation to nitrate pollution prevention legislation
Assessment of implications for European sites and European offshore marine sites
Assessment of implications for European site: neighbourhood development plans
Considerations of overriding public interest
Co-ordination for land use plan prepared by more than one authority
Compensatory measures
National policy statements
Interpretation of Chapter 8
Marine policy statement
Marine plan
Part 7 — ENFORCEMENT
Browse 19 other sections in this Part — procedural / definitional / commencement
Wildlife inspectors
Powers of entry: constables
Powers of entry: wildlife inspectors
Powers of entry: other authorised persons
Constables' powers of search, etc.
Powers in relation to samples: constables
Powers in relation to specimens and samples: wildlife inspectors
Restrictions on taking samples from live specimens
Attempts and possession of means of committing offence
Obstruction of persons exercising powers of entry under regulation 111
Obstruction in connection with constables' powers to take samples
Offences in connection with wildlife inspectors' enforcement powers
Codes of practice
Advice and assistance from nature conservation bodies
Forfeiture
Proceedings for offences: venue and time limits
Offences by bodies corporate etc.
Application of criminal offences to the Crown
Interpretation of Part 7
Part 8 — FINAL PROVISIONS
Browse 10 other sections in this Part — procedural / definitional / commencement
Powers of drainage authorities
Advisory role of the Joint Nature Conservation Committee
Advisory role of Natural England, the Natural Resources Body for Wales and Scottish Natural Heritage
Research
Local inquiries
Notices
Amendments of legislation
Revocations
Transitional provisions
Review
Schedules
Browse 22 other Schedules — structural / supplementary
SPECIAL NATURE CONSERVATION ORDERS: PROCEDURE
(1) An original order or a restrictive amending order takes...
(1) The appropriate authority must, where an order has been...
(1) Where an order has taken effect immediately and no...
(1) If any representation or objection duly made with respect...
The appropriate authority may not, by virtue of paragraph 3(1)...
(1) The appropriate authority must, as soon as practicable after...
(1) This paragraph applies to any order which has taken...
In this Schedule— “amending order” and “revoking order” mean an...
EUROPEAN PROTECTED SPECIES OF ANIMALS
EXCLUDED POPULATIONS OF CERTAIN SPECIES
ANIMALS WHICH MAY NOT BE CAPTURED OR KILLED IN CERTAIN WAYS
EUROPEAN PROTECTED SPECIES OF PLANTS
AMENDMENTS OF LEGISLATION
Amendment of the Harbours Act 1964
Amendment of the Conservation of Seals Act 1970
Amendment of the Highways Act 1980
Amendment of the Constitutional Reform Act 2005
Amendment of the Marine Act
Amendment of the 1994 Regulations
Amendment of the 2007 Regulations
REVOCATIONS
Other sections — not classified into a Part
These sections sit outside the numbered Parts — usually provisions added or moved by later amendments.
Sites of special scientific interest which become European sites: duty to review
Other duties (1) — Crown / regulator
- Regulator must review existing consents when a site becomes a European site Statutory regulator
Protection of certain wild animals: offences
6 months imprisonment- Harming or disturbing European protected species Any Person
Protection of certain wild plants: offences
6 months imprisonment- Damage or destroy protected wild plants Any Person
Offence of breaching licence condition
Unlimited fine- Breach of licensing conditions for copyright collective management Any Person
Planning permission: duty to review
Other duties (1) — Crown / regulator
- Relevant authority must review planning permissions and conservation Local authority
General development orders
- Obtain approval before developing on or near European protected sites Operator
Attempts and possession of means of committing offence
2 years imprisonment- Attempting or possessing equipment to commit wildlife crimes Any Person
Offences in connection with wildlife inspectors' enforcement powers
Unlimited fine- Obstruct or fail to assist a wildlife inspector Any Person
Browse 136 other sections
Citation and commencement
Extent
Interpretation
Plans or projects relating to offshore marine area or offshore marine installations
Nature conservation bodies
Relevant authorities in relation to marine areas and European marine sites
Competent authorities
European sites and European marine sites
Duties relating to compliance with the Directives
Selection of sites eligible for identification as of Community importance
Designation of special areas of conservation
Consultation as to inclusion of site omitted from the list
Register of European sites
Notification of changes to the register
Notice to landowners and other bodies
Management agreements
Existing agreements
Certain payments under management agreements
Notification of potentially damaging operations
Restriction on carrying out operations specified in notification
Assessment of implications for European sites
Notification of appropriate authority in case of risk
Farm capital grants
Power to make special nature conservation order
Restriction on carrying out operations specified in order
Assessment of implications for European sites after service of stop notice
Compensation for effect of stop notice
Restoration orders
Power to make byelaws
Byelaws: supplementary provisions
Compensation for effect of byelaws
Continuation in force of existing byelaws
Powers of compulsory acquisition
Marking of site and advice by nature conservation bodies
Management scheme for European marine site
Direction to establish or amend management scheme
European marine sites: byelaws and orders
Nature conservation policy in planning contexts
European protected species of animals
Protection of certain wild animals: defences
Prohibition of certain methods of capturing or killing wild animals
European protected species of plants
Protection of certain wild plants: defences
Interpretation of Part 3
Surveillance of conservation status of habitats and species
Protection of certain animals and plants from exploitation
Monitoring of incidental capture and killing
Protection from incidental capture and killing
Introduction of new species from ships
Licences for certain activities relating to animals or plants
Licences for the introduction of new species
Licences: general provisions
Relevant licensing body
False statements made for obtaining licence
Interpretation of Part 6
Application of provisions of Chapter 1
Assessment of implications for European sites and European offshore marine sites
Considerations of overriding public interest
Review of existing decisions and consents
Consideration on review
Co-ordination where more than one competent authority involved
Compensatory measures
Modifications of regulations 61 to 66 in certain cases
Grant of planning permission
Planning permission: consideration on review
Planning permission: effect of orders made on review
Planning permission: supplementary provisions as to compensation
General development orders: opinion of appropriate nature conservation body
General development orders: approval of local planning authority
General development orders: supplementary
Special development orders
Local development orders
Simplified planning zones
Enterprise zones
Grant of development consent
Development consent: review
Interpretation of Chapter 2
Construction or improvement of highways or roads
Cycle tracks and other ancillary works
Consents under Electricity Act 1989: application of assessment and review provisions
Consents under Electricity Act 1989: procedure on review
Consents under Electricity Act 1989: effect of review
Consents under Electricity Act 1989: compensation
Authorisations under Pipe-lines Act 1962: application of assessment and review provisions
Authorisations under Pipe-lines Act 1962: procedure on review
Authorisations under Pipe-lines Act 1962: effect of review
Authorisations under Pipe-lines Act 1962: compensation
Orders under Transport and Works Act 1992: application of assessment and review provisions
Orders under Transport and Works Act 1992: procedure on review
Orders under Transport and Works Act 1992: effect of review
Orders under Transport and Works Act 1992: compensation
Environmental permits
Abstraction and works authorised under water legislation
Marine works
Derogations in relation to nitrate pollution prevention legislation
Assessment of implications for European sites and European offshore marine sites
Considerations of overriding public interest
Co-ordination for land use plan prepared by more than one authority
Compensatory measures
National policy statements
Interpretation of Chapter 8
Wildlife inspectors
Powers of entry: constables
Powers of entry: wildlife inspectors
Powers of entry: other authorised persons
Constables' powers of search, etc.
Powers in relation to samples: constables
Powers in relation to specimens and samples: wildlife inspectors
Restrictions on taking samples from live specimens
Obstruction of persons exercising powers of entry under regulation 111
Obstruction in connection with constables' powers to take samples
Codes of practice
Advice and assistance from nature conservation bodies
Forfeiture
Proceedings for offences: venue and time limits
Offences by bodies corporate etc.
Application of criminal offences to the Crown
Interpretation of Part 7
Powers of drainage authorities
Advisory role of the Joint Nature Conservation Committee
Advisory role of Natural England, the Natural Resources Body for Wales and Scottish Natural Heritage
Local inquiries
Notices
Amendments of legislation
Revocations
Transitional provisions
Review
Assessment of implications for European site: neighbourhood development plans
Classification of sites as special protection areas
Duties in relation to wild bird habitat
Marine plan
Marine policy statement
Neighbourhood development orders
Notification of a proposal to classify a special protection area
Research
Review by appropriate nature conservation body
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Wildlife and Habitat Protection | Historic England (opens in a new tab) from Historic England Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
The Pensions Regulator
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Regulators
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