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Land Reform (Scotland) Act 2003

The Conservation (Natural Habitats Etc.) Regulations 1994 (S.I. 1994/2716)

427.Paragraph 15 amends regulation 3(2) of the 1994 Regulations so as to provide that Ministers and Scottish Natural Heritage, in exercising their functions under this Act, must do so in a way that complies with the requirements of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.

428.Paragraph 16 inserts a new section 69A into the 1994 Regulations, the effect of which is to ensure that whenever a local authority is preparing a core path plan or is delineating, creating or maintaining a path under the relevant provisions of this Act in relation to land on which there is situated a site protected for the purpose of Community law, the authority will require to undertake a prior nature conservation impact assessment in accordance with the relevant provisions of the 1994 Regulations.

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