UK Statutory Instrument 2017 United Kingdom

Conservation of Habitats and Species Regulations 2017

At a glance

Enforced by

OEP, DEFRA, Natural England, NRW

What's here

67 compliance obligations, 6 practical guides across 3 topics · 7 journeys

Penalty landscape

5 of 67 obligations carry imprisonment (6 months). 8 carry different penalties and 54 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 17
  • Applicant 1
  • Operator 1
  • Director or Officer 1

Plus 47 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.

Step-by-step journeys using this legislation

Walkthroughs that take you from a real business situation to compliance.

Relevant guidance

Practical guides for businesses affected by this Act, ordered by how closely they engage with it.

Supporting — topic alignment

1 guides

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 749 other Acts (top 5 shown)
Applicants also bound by 146 other Acts (top 5 shown)
Operators also bound by 125 other Acts (top 5 shown)
Directors and Officers also bound by 224 other Acts (top 5 shown)

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

s.reports

Reports

Other duties (1) — Crown / regulator
  • Secretary of State must publish reports on habitat and bird conservation Crown / Minister / Government department
Browse 9 other sections in this Part — procedural / definitional / commencement

Part 2 — Conservation of Natural Habitats and Habitats of Species

s.017

Register of European sites

Other duties (1) — Crown / regulator
  • Government must maintain a public register of European protected sites Crown / Minister / Government department
s.018

Notification of changes to the register

Other duties (1) — Crown / regulator
  • Authorities must notify conservation bodies of habitat register changes Crown / Minister / Government department
s.026

Farm capital grants

Other duties (1) — Crown / regulator
  • Conservation bodies must offer a management agreement if a grant is refused Statutory regulator
s.031

Restoration orders

Unlimited fine
  • Fail to comply with a land restoration order Any Person
s.033

Byelaws: supplementary provisions

Other duties (1) — Crown / regulator
  • Conservation bodies must ensure byelaws do not interfere with specific rights Statutory regulator
s.management objectives of the national site network

Management objectives of the national site network

Other duties (1) — Crown / regulator
  • Government must manage the national site network to protect habitats and birdlife Crown / Minister / Government department
Browse 12 other sections in this Part — procedural / definitional / commencement

Part 3 — Protection of species

Browse 5 other sections in this Part — procedural / definitional / commencement

Part 4 — Additional protection of habitats and wild animals and plants

Part 5 — Licences

Browse 4 other sections in this Part — procedural / definitional / commencement

Part 6 — Assessment of plans and projects

s.066

Consideration on review

Other duties (1) — Crown / regulator
  • Authorities must review permissions to protect animal and plant habitats Statutory regulator
s.068

Compensatory measures

Other duties (1) — Crown / regulator
  • Appropriate authority must secure compensatory measures for protected sites Crown / Minister / Government department
s.071

Planning permission: duty to review

Other duties (1) — Crown / regulator
  • Local planning authority must review planning permissions for habitat impact Local authority
s.074

Planning permission: compensation

Other duties (1) — Crown / regulator
  • Authority must refer compensation disputes to the Upper Tribunal Crown / Minister / Government department
s.085

Development consent: review

Other duties (1) — Crown / regulator
  • Competent authority must review development consents affecting European sites Statutory regulator
s.101

Environmental permits

Other duties (1) — Crown / regulator
  • Regulators may impose conditions on environmental permits to protect sites Statutory regulator
s.109

Compensatory measures

Other duties (1) — Crown / regulator
  • Government must secure compensatory measures for protected habitats Crown / Minister / Government department
s.assessments under this chapter: required assumptio

Assessments under this Chapter: required assumptions

Other duties (1) — Crown / regulator
  • Local authorities must assume water plants will meet pollution standards Local authority
s.assumptions to be made about nutrient pollution st

Assumptions to be made about nutrient pollution standards: general development orders

Other duties (1) — Crown / regulator
  • Local planning authorities must assume nutrient standards will be met Local authority
Browse 38 other sections in this Part — procedural / definitional / commencement
s.085

Assumptions to be made about nutrient pollution standards: general

s.085

Direction that assumptions are not to apply

s.direction that assumptions are not to apply

Direction that assumptions are not to apply

s.regulations 110a and 110b: interpretation

Regulations 110A and 110B: interpretation

s.regulations 85a to 85c: interpretation

Regulations 85A to 85C: interpretation

Part 7 — Enforcement

s.128

Forfeiture

Other duties (1) — Crown / regulator
  • Courts must order forfeiture of items involved in species offences Tribunal / Court
Browse 13 other sections in this Part — procedural / definitional / commencement

Part 8 — Final Provisions

s.136

Research

Other duties (1) — Crown / regulator
  • Appropriate authority must encourage research on habitats and wild birds Crown / Minister / Government department
s.transitional provisions: eu exit

Transitional provisions: EU exit

Other duties (1) — Crown / regulator
  • Government must designate or notify status of protected European sites Crown / Minister / Government department
Browse 12 other sections in this Part — procedural / definitional / commencement

Schedules

Browse 96 other Schedules — structural / supplementary
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

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

Other sections — not classified into a Part

These sections exist in the Act but the contents-of-Parts walker did not place them under a Part. Likely amendments or sections inserted out of the original Part structure.

Browse 154 other unclassified sections
s.001

Citation and commencement

s.002

Extent

s.003

Interpretation

s.003

Interpretation: the Directives

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.009

Reports

s.010

Duties in relation to wild bird habitat

s.011

Review by appropriate nature conservation body

s.012

Duty to designate special areas of conservation

s.013

Priorities for designating special areas of conservation

s.014

Consultation as to inclusion of site omitted from the list

s.015

Classification of sites as special protection areas

s.016

Notification of a proposal to classify a special protection area

s.016

Management objectives of the national site network

s.017

Register of European sites

s.018

Notification of changes to the register

s.019

Notice to landowners and other bodies

s.020

Management agreements

s.021

Existing agreements

s.022

Certain payments under management agreements

s.023

Notification of potentially damaging operations

s.024

Assessment of implications for European sites

s.025

Sites of special scientific interest which become European sites: duty to review

s.026

Farm capital grants

s.027

Power to make special nature conservation order

s.028

Restriction on carrying out operations specified in order

s.029

Assessment of implications for European sites after service of stop notice

s.030

Compensation for effect of stop notice

s.031

Restoration orders

s.032

Power to make byelaws

s.033

Byelaws: supplementary provisions

s.034

Compensation for effect of 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.041

Nature conservation policy in planning contexts

s.042

European protected species of animals

s.043

Protection of certain wild animals: offences

s.044

Protection of certain wild animals: defences

s.045

Prohibition of certain methods of capturing or killing wild animals

s.046

European protected species of plants

s.047

Protection of certain wild plants: offences

s.048

Protection of certain wild plants: defences

s.049

Interpretation of Part 3

s.050

Surveillance of conservation status of habitats and species

s.051

Protection of certain animals and plants from exploitation

s.052

Monitoring of incidental capture and killing

s.053

Protection from incidental capture and killing

s.054

Introduction of new species from ships

s.055

Licences for certain activities relating to animals or plants

s.056

Licences for the introduction of new species

s.057

Licences: general provisions

s.058

Relevant licensing body

s.059

False statements made for obtaining licence

s.060

Offence of breaching licence condition

s.061

Interpretation of Part 6

s.062

Application of provisions of Chapter 1

s.063

Assessment of implications for European sites and European offshore marine sites

s.064

Considerations of overriding public interest

s.065

Review of existing decisions and consents

s.066

Consideration on review

s.067

Co-ordination where more than one competent authority involved

s.068

Compensatory measures

s.069

Modifications of regulations 63 to 68 in certain cases

s.070

Grant of planning permission

s.071

Planning permission: duty to review

s.072

Planning permission: consideration on review

s.073

Planning permission: effect of orders made on review

s.074

Planning permission: compensation

s.075

General development orders

s.076

General development orders: opinion of appropriate nature conservation body

s.077

General development orders: approval of local planning authority

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.085

Development consent: review

s.085

Assumptions to be made about nutrient pollution standards: general development orders

s.085

Regulations 85A to 85C: interpretation

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.094

Authorisations under Pipe-lines Act 1962: procedure on review

s.095

Authorisations under Pipe-lines Act 1962: effect of review

s.096

Authorisations under Pipe-lines Act 1962: compensation

s.097

Orders under Transport and Works Act 1992: application of assessment and review provisions

s.098

Orders under Transport and Works Act 1992: procedure on review

s.099

Orders under Transport and Works Act 1992: effect of review

s.100

Orders under Transport and Works Act 1992: compensation

s.101

Environmental permits

s.102

Abstraction and works authorised under water legislation

s.103

Marine works

s.104

Derogations in relation to nitrate pollution prevention legislation

s.105

Assessment of implications for European sites and European offshore marine sites

s.106

Assessment of implications for European site: neighbourhood development plans

s.107

Considerations of overriding public interest

s.108

Co-ordination for land use plan prepared by more than one authority

s.109

Compensatory measures

s.110

National policy statements

s.110

Assessments under this Chapter: required assumptions

s.110

Direction that assumptions are not to apply

s.110

Regulations 110A and 110B: interpretation

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.123

Obstruction of persons exercising powers of entry under regulation 117

s.124

Obstruction in connection with constables' powers to take samples

s.125

Offences in connection with wildlife inspectors' enforcement powers

s.126

Codes of practice

s.127

Advice and assistance from nature conservation bodies

s.128

Forfeiture

s.129

Proceedings for offences: venue and time limits

s.130

Offences by bodies corporate etc.

s.131

Application of criminal offences to the Crown

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.136

Research

s.137

Local inquiries

s.138

Notices

s.139

Consequential Amendments

s.140

Revocations

s.141

Transitional provisions

s.141

Transitional provisions: EU exit

s.142

Review: England

s.143

Amendment of Schedules

s.144

Amendment of the Annexes to the Directives

s.145

Statutory instruments

Official guidance

Authoritative sources published by regulators or government explaining this legislation.

Enforcement and responsible bodies

The regulators that administer or enforce this legislation.

OEP

Primary

Office for Environmental Protection

Independent body established post-Brexit to scrutinise environmental law and investigate complaints about public authorities' failures to comply with environmental law in England …

Department for Environment, Food and Rural Affairs

Government department responsible for environmental protection, food production and standards, agriculture, fisheries, and rural communities. Sets environmental policy and works with agencies …

Government adviser for the natural environment in England. Responsible for wildlife licensing (protected species), designating and managing protected sites (SSSIs, National Nature …

NRW

Natural Resources Wales

Principal environmental regulator for Wales. Combines functions of Environment Agency Wales, Countryside Council for Wales, and Forestry Commission Wales. Issues environmental permits, …

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