UK Statutory Instrument SI 2017 United Kingdom

Conservation of Habitats and Species Regulations 2017

These Regulations consolidate the Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490) with subsequent amending instruments, and make minor modifications reflecting changes to related legislation.

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
OEP, DEFRA, Natural England, NRW
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 4 of 67 obligations carry an unlimited fine. 8 carry different penalties and 55 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person17 Applicant1 Operator1 Director or Officer1

Plus 47 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
Applicant — also bound by 307 other Acts
Operator — also bound by 746 other Acts
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 6

Assessment of plans and projects

0 of 4 sections shown
4 other sections in this Part — procedural and definitional
s.068 Compensatory measures for relevant offshore wind activity in the Scottish inshore region
s.068 Compensatory measures: relevant offshore wind plans or projects
s.085 Assumptions to be made about nutrient pollution standards: general
s.085 Direction that assumptions are not to apply
Schedules

Schedules

4 of 100 shown
s.sch002 European Protected Species of animals (opens in a new tab) Regulated
  • Protect European Protected Species of animalsAny Person
s.sch003 Excluded populations of certain species (opens in a new tab) Regulated
  • Interpret species common names as guidance onlyAny Person
s.sch004 Animals which may not be captured or killed in certain ways. (opens in a new tab) Regulated
  • Do not use prohibited methods to capture or kill protected animalsAny Person
s.sch005 European Protected Species of plants (opens in a new tab) Regulated
  • Protect and do not disturb European Protected Species of plantsAny Person
96 other schedules
s.sch001 Special Nature Conservation Orders: Procedure (opens in a new tab)
s.sch001 Coming into operation
s.sch001 Publicity for orders
s.sch001 Unopposed orders
s.sch001 Opposed orders
s.sch001 Restriction on power to amend orders or confirm them with modifications
s.sch001 Notice of final decision on order
s.sch001 Proceedings for questioning validity of orders
s.sch001 Interpretation
s.sch004a Prohibited Methods of Capturing or Killing Wild Animals
s.sch004a The prohibited means of capturing or killing mammals are—
s.sch004a The prohibited methods of capturing or killing fish are—
s.sch004a The prohibited modes of transport are— (a) aircraft; and
s.sch006 Consequential Amendments (opens in a new tab)
s.sch006 Harbours Act 1964
s.sch006 Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999
s.sch006 Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999
s.sch006 Pipe-line Works (Environmental Impact Assessment) Regulations 2000
s.sch006 Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001
s.sch006 Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003
s.sch006 Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006
s.sch006 Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009
s.sch006 Marine Management Organisation (Prescription of Powers to Fix Fees and Charges) Order 2010
s.sch006 Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010
s.sch006 Marine Strategy Regulations 2010
s.sch006 Sea Fisheries (Shellfish) Act 1967
s.sch006 Port of Bristol (Deep Sea Container Terminal) Harbour Revision Order 2010
s.sch006 Marine Licensing (Exempted Activities) Order 2011
s.sch006 Marine Licensing (Exempted Activities) (Wales) Order 2011
s.sch006 Marine and Coastal Access Act 2009 (Transitional and Savings Provisions) Order 2011
s.sch006 Associated British Ports (Grimsby Riverside Ro-Ro Terminal) Harbour Revision Order 2011
s.sch006 The Town and Country Planning (Environmental Impact Assessment) Regulations 2011
s.sch006 Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012
s.sch006 Neighbourhood Planning (General) Regulations 2012
s.sch006 Hinkley Point Harbour Empowerment Order 2012
s.sch006 Brechfa Forest West Wind Farm Order 2013
s.sch006 Conservation of Seals Act 1970
s.sch006 Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013
s.sch006 The Natural Resources Body for Wales (Functions) Order 2013
s.sch006 Galloper Wind Farm Order 2013
s.sch006 Nitrate Pollution Prevention (Wales) Regulations 2013
s.sch006 Marine Licensing (Application Fees) Regulations 2014
s.sch006 Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014
s.sch006 Rampion Offshore Wind Farm Order 2014
s.sch006 A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014
s.sch006 Clocaenog Forest Wind Farm Order 2014
s.sch006 Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014
s.sch006 Highways Act 1980
s.sch006 Associated British Ports (Fisher Fleet Quay) Harbour Revision Order 2014
s.sch006 Able Marine Energy Park Development Consent Order 2014
s.sch006 Walney Extension Offshore Wind Farm Order 2014
s.sch006 Keeping and Introduction of Fish (Wales) Regulations 2014
s.sch006 Willington C Gas Pipeline Order 2014
s.sch006 Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015
s.sch006 A160/A180 (Port of Immingham Improvement) Development Consent Order 2015
s.sch006 Cornwall Council (A30 Temple to Higher Carblake Improvement) Order 2015
s.sch006 Dogger Bank Creyke Beck Offshore Wind Farm Order 2015
s.sch006 Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015
s.sch006 Town and Country Planning Act 1990
s.sch006 Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015
s.sch006 Town and Country Planning (Development Management Procedure) (England) Order 2015
s.sch006 Town and Country Planning (General Permitted Development) (England) Order 2015
s.sch006 Nitrate Pollution Prevention Regulations 2015
s.sch006 Knottingley Power Plant Order 2015
s.sch006 Environmental Damage (Prevention and Remediation) (England) Regulations 2015
s.sch006 White Moss Landfill Order 2015
s.sch006 Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015
s.sch006 Poole Harbour (Works) Revision Order 2015
s.sch006 Preesall Underground Gas Storage Facility Order 2015
s.sch006 Planning Act 2008
s.sch006 Progress Power (Gas Fired Power Station) Order 2015
s.sch006 Dogger Bank Teeside A and B Offshore Wind Farm Order 2015
s.sch006 Ferrybridge Multifuel 2 Power Station Order 2015
s.sch006 Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2015
s.sch006 A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016
s.sch006 Palm Paper Mill Generating Station Order 2016
s.sch006 Thorpe Marsh Gas Pipeline Order 2016
s.sch006 A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016
s.sch006 Fal Fishery Order 2016
s.sch006 York Potash Harbour Facilities Order 2016
s.sch006 Constitutional Reform Act 2005
s.sch006 River Humber Gas Pipeline Replacement Order 2016
s.sch006 Triton Knoll Electrical System Order 2016
s.sch006 M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016
s.sch006 Environmental Permitting (England and Wales) Regulations 2016
s.sch006 Economic Growth (Regulatory Functions) Order 2017
s.sch006 Town and Country Planning (Brownfield Land Register) Regulations 2017
s.sch006 Keuper Underground Gas Storage Facility Order 2017
s.sch006 Environmental Impact Assessment (Agriculture) (Wales) Regulations 2017
s.sch006 Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017
s.sch006 Town and Country Planning (Environmental Impact Assessment) Regulations 2017
s.sch006 Marine and Coastal Access Act 2009
s.sch006 Infrastructure Planning (Environmental Impact Assessment) Regulations 2017
s.sch006 Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017
s.sch006 Public Gas Transporter Pipe-Line Works (Environmental Impact Assessment) Regulations 1999
s.sch007 Revocations (opens in a new tab)
s.009 Duties relating to compliance with the Directives Regulated
Other duties (1) — Crown / regulator
  • Authorities must ensure conservation and habitat complianceStatutory regulator
s.010 Duties in relation to wild bird habitat Regulated
Other duties (1) — Crown / regulator
  • Public authorities must maintain and restore wild bird habitatsStatutory regulator
s.011 Review by appropriate nature conservation body Regulated
Other duties (1) — Crown / regulator
  • Natural conservation bodies must review and report on wild bird habitatsStatutory regulator
s.012 Duty to designate special areas of conservation Regulated
Other duties (1) — Crown / regulator
  • Government must designate Special Areas of Conservation (SACs)Crown / Minister / Government department
s.013 Priorities for designating special areas of conservation Regulated
Other duties (1) — Crown / regulator
  • Government must set priorities for designating Special Areas of ConservationCrown / Minister / Government department
s.015 Classification of sites as special protection areas Regulated
Other duties (1) — Crown / regulator
  • Government must classify Special Protection Areas for wild birdsCrown / Minister / Government department
s.016 Notification of a proposal to classify a special protection area Regulated
Other duties (1) — Crown / regulator
  • Nature conservation bodies must notify owners of proposed protected areasStatutory regulator
s.017 Register of European sites Regulated
Other duties (1) — Crown / regulator
  • Government must maintain a public register of European protected sitesCrown / Minister / Government department
s.018 Notification of changes to the register Regulated
Other duties (1) — Crown / regulator
  • Authorities must notify conservation bodies of habitat register changesCrown / Minister / Government department
s.019 Notice to landowners and other bodies Regulated
Other duties (1) — Crown / regulator
  • Natural England must notify landowners when a site is registeredStatutory regulator
s.022 Certain payments under management agreements Regulated
Other duties (1) — Crown / regulator
  • Natural England or NRW must offer fair payments for management agreementsStatutory regulator
s.024 Assessment of implications for European sites Regulated
Other duties (1) — Crown / regulator
  • Natural England must assess projects affecting European protected sitesStatutory regulator
s.025 Sites of special scientific interest which become European sites: duty to review Regulated
Other duties (1) — Crown / regulator
  • Natural England or NRW must review existing consents for new European sitesStatutory regulator
s.026 Farm capital grants Regulated
Other duties (1) — Crown / regulator
  • Conservation bodies must offer a management agreement if a grant is refusedStatutory regulator
s.028 Restriction on carrying out operations specified in order Prosecution
  • Carry out restricted operations on protected nature sitesAny Person

Unlimited fine

s.029 Assessment of implications for European sites after service of stop notice Regulated
Other duties (1) — Crown / regulator
  • Natural England must assess environmental impact after issuing a stop noticeStatutory regulator
s.030 Compensation for effect of stop notice Regulated
Other duties (1) — Crown / regulator
  • Conservation bodies must pay compensation for financial loss caused by stop noticesStatutory regulator
s.031 Restoration orders Prosecution
  • Fail to comply with a land restoration orderAny Person

Unlimited fine

s.033 Byelaws: supplementary provisions Regulated
Other duties (1) — Crown / regulator
  • Conservation bodies must ensure byelaws do not interfere with specific rightsStatutory regulator
s.034 Compensation for effect of byelaws Regulated
Other duties (1) — Crown / regulator
  • Claim compensation if new byelaws interfere with your land rightsStatutory regulator
s.041 Nature conservation policy in planning contexts Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must include nature conservation in national policyCrown / Minister / Government department
s.043 Protection of certain wild animals: offences Imprisonment
  • Harming or disturbing protected wild animals or their habitatsAny Person
s.045 Prohibition of certain methods of capturing or killing wild animals Imprisonment
  • Use prohibited methods to capture or kill protected wild animalsAny Person
s.047 Protection of certain wild plants: offences Imprisonment
  • Unlawfully harm, trade, or possess protected wild plantsAny Person
s.050 Surveillance of conservation status of habitats and species Regulated
Other duties (1) — Crown / regulator
  • Government and nature bodies must monitor protected habitats and speciesCrown / Minister / Government department
s.051 Protection of certain animals and plants from exploitation Regulated
Other duties (1) — Crown / regulator
  • Government must ensure sustainable exploitation of protected speciesCrown / Minister / Government department
s.052 Monitoring of incidental capture and killing Regulated
Other duties (1) — Crown / regulator
  • Natural England and NRW must monitor incidental killing of protected speciesStatutory regulator
s.053 Protection from incidental capture and killing Regulated
Other duties (1) — Crown / regulator
  • Government must research or implement conservation for protected speciesCrown / Minister / Government department
s.054 Introduction of new species from ships Prosecution
  • Deliberately introducing non-native species from a shipAny Person

Unlimited fine

s.055 Licences for certain activities relating to animals or plants Regulated
Other duties (1) — Crown / regulator
  • Natural England and NRW must only grant wildlife licences under strict criteriaStatutory regulator
s.059 False statements made for obtaining licence Imprisonment
  • Provide false information to obtain a wildlife or habitat licenceAny Person
s.063 Assessment of implications for European sites and European offshore marine sites Regulated
  • Provide information for European site impact assessmentsAny Person
s.064 Considerations of overriding public interest Regulated
Other duties (1) — Crown / regulator
  • Competent authority may approve projects despite negative habitat impactLocal authority
s.065 Review of existing decisions and consents Regulated
Other duties (1) — Crown / regulator
  • Competent authorities must review existing permissions when site status changesStatutory regulator
s.066 Consideration on review Regulated
Other duties (1) — Crown / regulator
  • Authorities must review permissions to protect animal and plant habitatsStatutory regulator
s.067 Co-ordination where more than one competent authority involved Regulated
Other duties (1) — Crown / regulator
  • Regulators must coordinate habitats assessments for shared projectsStatutory regulator
s.068 Compensatory measures Regulated
Other duties (1) — Crown / regulator
  • Appropriate authority must secure compensatory measures for protected sitesCrown / Minister / Government department
s.071 Planning permission: duty to review Regulated
Other duties (1) — Crown / regulator
  • Local planning authority must review planning permissions for habitat impactLocal authority
s.074 Planning permission: compensation Regulated
Other duties (1) — Crown / regulator
  • Authority must refer compensation disputes to the Upper TribunalCrown / Minister / Government department
s.075 General development orders Regulated
  • Obtain council approval before starting work under a general development orderOperator
s.076 General development orders: opinion of appropriate nature conservation body Regulated
Other duties (1) — Crown / regulator
  • Natural conservation bodies must provide opinions on development impactsStatutory regulator
s.077 General development orders: approval of local planning authority Regulated
  • Apply for planning approval if development affects protected nature sitesApplicant
s.085 Development consent: review Regulated
Other duties (1) — Crown / regulator
  • Competent authority must review development consents affecting European sitesStatutory regulator
s.094 Authorisations under Pipe-lines Act 1962: procedure on review Regulated
Other duties (1) — Crown / regulator
  • Regulator must notify you and hear views before changing pipe-line permitsStatutory regulator
s.097 Orders under Transport and Works Act 1992: application of assessment and review provisions Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must assess and review transport projects affecting natureCrown / Minister / Government department
s.098 Orders under Transport and Works Act 1992: procedure on review Regulated
Other duties (1) — Crown / regulator
  • Authorities must notify of intent to revoke or change project ordersCrown / Minister / Government department
s.101 Environmental permits Regulated
Other duties (1) — Crown / regulator
  • Regulators may impose conditions on environmental permits to protect sitesStatutory regulator
s.104 Derogations in relation to nitrate pollution prevention legislation Regulated
Other duties (1) — Crown / regulator
  • Regulators may attach conditions to nitrate pollution derogationsStatutory regulator
s.105 Assessment of implications for European sites and European offshore marine sites Regulated
Other duties (1) — Crown / regulator
  • Local authorities must assess land use plans for impact on protected sitesLocal authority
s.106 Assessment of implications for European site: neighbourhood development plans Regulated
  • Provide information for habitat assessments of neighbourhood development plansAny Person
s.109 Compensatory measures Regulated
Other duties (1) — Crown / regulator
  • Government must secure compensatory measures for protected habitatsCrown / Minister / Government department
s.123 Obstruction of persons exercising powers of entry under regulation 117 Prosecution
  • Obstruct an official during an environmental inspectionAny Person

Fine up to £1,000

s.124 Obstruction in connection with constables' powers to take samples Prosecution
  • Refuse to provide samples or assist a police constableAny Person

Unlimited fine

s.125 Offences in connection with wildlife inspectors' enforcement powers Imprisonment
  • Obstruct or impersonate a wildlife inspectorAny Person
s.128 Forfeiture Regulated
Other duties (1) — Crown / regulator
  • Courts must order forfeiture of items involved in species offencesTribunal / Court
s.130 Offences by bodies corporate etc. Imprisonment
  • Personal liability for company officers and partners for environmental breachesDirector or Officer
s.131 Application of criminal offences to the Crown Imprisonment
  • Liability for Crown employees and public service workersAny Person
s.136 Research Regulated
Other duties (1) — Crown / regulator
  • Appropriate authority must encourage research on habitats and wild birdsCrown / Minister / Government department
s.assessments under this chapter: required assumptio Assessments under this Chapter: required assumptions Regulated
Other duties (1) — Crown / regulator
  • Local authorities must assume water plants will meet pollution standardsLocal authority
s.assumptions to be made about nutrient pollution st Assumptions to be made about nutrient pollution standards: general development orders Regulated
Other duties (1) — Crown / regulator
  • Local planning authorities must assume nutrient standards will be metLocal authority
s.management objectives of the national site network Management objectives of the national site network Regulated
Other duties (1) — Crown / regulator
  • Government must manage the national site network to protect habitats and birdlifeCrown / Minister / Government department
s.reports Reports Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must publish reports on habitat and bird conservationCrown / Minister / Government department
s.transitional provisions: eu exit Transitional provisions: EU exit Regulated
Other duties (1) — Crown / regulator
  • Government must designate or notify status of protected European sitesCrown / Minister / Government department
91 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.014 Consultation as to inclusion of site omitted from the list
s.020 Management agreements
s.021 Existing agreements
s.023 Notification of potentially damaging operations
s.027 Power to make special nature conservation order
s.032 Power to make byelaws
s.035 Continuation in force of existing byelaws
s.036 Powers of compulsory acquisition
s.037 Marking of site and advice by nature conservation bodies
s.038 Management scheme for European marine site
s.039 Direction to establish or amend management scheme
s.040 European marine sites: byelaws and orders
s.042 European protected species of animals
s.044 Protection of certain wild animals: defences
s.046 European protected species of plants
s.048 Protection of certain wild plants: defences
s.049 Interpretation of Part 3
s.056 Licences for the introduction of new species
s.057 Licences: general provisions
s.058 Relevant licensing body
s.060 Offence of breaching licence condition
s.061 Interpretation of Part 6
s.062 Application of provisions of Chapter 1
s.069 Modifications of regulations 63 to 68 in certain cases
s.070 Grant of planning permission
s.072 Planning permission: consideration on review
s.073 Planning permission: effect of orders made on review
s.078 General development orders: supplementary
s.079 Special development orders
s.080 Local development orders
s.081 Neighbourhood development orders
s.082 Simplified planning zones
s.083 Enterprise zones
s.084 Grant of development consent
s.086 Interpretation of Chapter 2
s.087 Construction or improvement of highways or roads
s.088 Cycle tracks and other ancillary works
s.089 Consents under Electricity Act 1989: application of assessment and review provisions
s.090 Consents under Electricity Act 1989: procedure on review
s.091 Consents under Electricity Act 1989: effect of review
s.092 Consents under Electricity Act 1989: compensation
s.093 Authorisations under Pipe-lines Act 1962: application of assessment and review provisions
s.095 Authorisations under Pipe-lines Act 1962: effect of review
s.096 Authorisations under Pipe-lines Act 1962: compensation
s.099 Orders under Transport and Works Act 1992: effect of review
s.100 Orders under Transport and Works Act 1992: compensation
s.102 Abstraction and works authorised under water legislation
s.103 Marine works
s.107 Considerations of overriding public interest
s.108 Co-ordination for land use plan prepared by more than one authority
s.110 National policy statements
s.111 Interpretation of Chapter 8
s.112 Marine policy statement
s.113 Marine plan
s.114 Wildlife inspectors
s.115 Powers of entry: constables
s.116 Powers of entry: wildlife inspectors
s.117 Powers of entry: other authorised persons
s.118 Constables' powers of search, etc.
s.119 Powers in relation to samples: constables
s.120 Powers in relation to specimens and samples: wildlife inspectors
s.121 Restrictions on taking samples from live specimens
s.122 Attempts and possession of means of committing offence
s.126 Codes of practice
s.127 Advice and assistance from nature conservation bodies
s.129 Proceedings for offences: venue and time limits
s.132 Interpretation of Part 7
s.133 Powers of drainage authorities
s.134 Advisory role of the Joint Nature Conservation Committee
s.135 Advisory role of Natural England, the Natural Resources Body for Wales and Scottish Natural Heritage
s.137 Local inquiries
s.138 Notices
s.139 Consequential Amendments
s.140 Revocations
s.141 Transitional provisions
s.142 Review: England
s.143 Amendment of Schedules
s.144 Amendment of the Annexes to the Directives
s.145 Statutory instruments
s.direction that assumptions are not to apply Direction that assumptions are not to apply
s.interpretation: the directives Interpretation: the Directives
s.regulations 110a and 110b: interpretation Regulations 110A and 110B: interpretation
s.regulations 85a to 85c: interpretation Regulations 85A to 85C: interpretation

Help complying

Guvnor’s practical routes through this instrument.

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1 more guide that reference this instrument
Get the permits and consents for quarrying and mining

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