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The Conservation (Natural Habitats, &c.) Regulations 1994

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  1. Introductory Text

  2. PART I INTRODUCTORY PROVISIONS

    1. 1.Citation and commencement

    2. 2.Interpretation and application

    3. 3.Implementation of Directive

    4. 4.Nature conservation bodies

    5. 5.Relevant authorities in relation to marine areas and European marine sites

    6. 6.Competent authorities generally

  3. PART II CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES

    1. European sites

      1. 7.Selection of sites eligible for identification as of Community importance

      2. 8.Adoption of list of sites: designation of special areas of conservation

      3. 9.Consultation as to inclusion of site omitted from the list

      4. 10.Meaning of “European site” in these Regulations

    2. Register of European sites

      1. 11.Duty to compile and maintain register of European sites

      2. 12.Notification to appropriate nature conservation body

      3. 13.Notice to landowners, relevant authorities, &c.

      4. 14.Local registration: England and Wales

      5. 15.Local registers: Scotland

    3. Management agreements

      1. 16.Management agreements

      2. 17.Continuation in force of existing agreement, &c.

    4. Control of potentially damaging operations

      1. 18.Notification of potentially damaging operations

      2. 19.Restriction on carrying out operations specified in notification

      3. 20.Supplementary provisions as to consents

      4. 21.Provision as to existing notices and consents

    5. Special nature conservation orders

      1. 22.Power to make special nature conservation order

      2. 23.Restriction on carrying out operations specified in order

      3. 24.Supplementary provisions as to consents

      4. 25.Compensation for effect of order

      5. 26.Restoration where order contravened

      6. 27.Continuation in force of existing orders, &c.

    6. Byelaws

      1. 28.Power to make byelaws

      2. 29.Byelaws: limitation on effect

      3. 30.Compensation for effect of byelaws

      4. 31.Continuation in force of existing byelaws

    7. Powers of compulsory acquisition

      1. 32.Powers of compulsory acquisition

    8. Special provisions as to European marine sites

      1. 33.Marking of site and advice by nature conservation bodies

      2. 34.Management scheme for European marine site

      3. 35.Direction to establish or amend management scheme

      4. 36.Byelaws for protection of European marine site

    9. Miscellaneous

      1. 37.Nature conservation policy in planning contexts

      2. 37A.Surveillance of conservation status of habitats and species

  4. PART III PROTECTION OF SPECIES

    1. Protection of animals

      1. 38.European protected species of animals

      2. 39.Protection of wild animals of European protected species

      3. 40.Exceptions from regulation 39

      4. 41.Prohibition of certain methods of taking or killing wild animals

      5. 41A.Monitoring incidental capture and killing

    2. Protection of plants

      1. 42.European protected species of plants

      2. 43.Protection of wild plants of European protected species

    3. Power to grant licences

      1. 44.Grant of licences for certain purposes

      2. 45.Licences: supplementary provisions

      3. 46.False statements made for obtaining licence

      4. 46A.Offence of breaching licence condition

  5. PART IV ADAPTATION OF PLANNING AND OTHER CONTROLS

    1. Introductory

      1. 47.Application of provisions of this Part

    2. General provisions for protection of European sites

      1. 48.Assessment of implications for European site

      2. 49.Considerations of overriding public interest

      3. 50.Review of existing decisions and consents, &c.

      4. 51.Consideration on review

      5. 52.Co–ordination where more than one competent authority involved

      6. 53.Compensatory measures

      7. 53A.Control of operations requiring consent

    3. Planning

      1. 54.Grant of planning permission

      2. 55.Planning permission: duty to review

      3. 56.Planning permission: consideration on review

      4. 57.Effect of orders made on review: England and Wales

      5. 58.Effect of orders made on review: Scotland

      6. 59.Planning permission: supplementary provisions as to compensation

      7. 60.General development orders

      8. 61.General development orders: opinion of appropriate nature conservation body

      9. 62.General development orders: approval of local planning authority

      10. 63.General development orders: supplementary

      11. 64.Special development orders

      12. 65.Simplified planning zones

      13. 66.Enterprise zones

      14. 67.Simplified planning zones and enterprise zones: supplementary provisions as to compensation

      15. 68.Construction as one with planning legislation

    4. Highways and roads

      1. 69.Construction or improvement of highways or roads

      2. 70.Cycle tracks and other ancillary works

    5. Electricity

      1. 71.Consents under Electricity Act 1989: application of general requirements

      2. 72.Consents under the Electricity Act 1989: procedure on review

      3. 73.Consents under Electricity Act 1989: effect of review

      4. 74.Consents under Electricity Act 1989: compensation for revocation or variation

    6. Pipe–lines

      1. 75.Authorisations under the Pipe–lines Act 1962: application of general requirements

      2. 76.Authorisations under the Pipe–lines Act 1962: procedure on review

      3. 77.Authorisations under the Pipe–lines Act 1962: effect of review

      4. 78.Authorisations under the Pipe–lines Act 1962: compensation for revocation or variation

    7. Transport and works

      1. 79.Orders under the Transport and Works Act 1992: application of general requirements

      2. 80.Orders under the Transport and Works Act 1992: procedure on review

      3. 81.Order under the Transport and Works Act 1992: effect of review

      4. 82.Orders under the Transport and Works Act 1992: compensation for revocation or variation

    8. Environmental controls

      1. 83.Authorisations under Part I of the Environmental Protection Act 1990

      2. 84.Licences under Part II of the Environmental Protection Act 1990

      3. 84A.Permits under the Pollution Prevention and Control (England and Wales) Regulations 2000

      4. 84B.Abstraction and works authorised under water legislation

      5. 85.Discharge consents under water pollution legislation

  6. PART IVA APPROPRIATE ASSESSMENTS FOR LAND USE PLANS

    1. 85A.Interpretation

    2. 85B.Assessment of implications for European site

    3. 85C.Considerations of overriding public interest

    4. 85D.Co-ordination for land use plan prepared by more than one planning authority

    5. 85E.Compensatory measures

  7. PART V SUPPLEMENTARY PROVISIONS

    1. Supplementary provisions as to management agreements

      1. 86.Powers of limited owners, &c. to enter into management agreements

    2. Supplementary provisions as to potentially damaging operations

      1. 87.Carrying out of operation after expiry of period

      2. 88.Duties of agriculture Ministers with respect to European sites

      3. 89.Payments under certain agreements offered by authorities

      4. 90.Powers of entry

      5. 91.Compensation: amount and assessment

      6. 92.Compensation: other supplementary provisions

      7. 93.Compensation: procedural provisions

    3. Supplementary provisions as to byelaws

      1. 94.Procedure for making byelaws, penalties, &c.

      2. 95.Powers of entry

      3. 96.Compensation: England and Wales

      4. 97.Compensation: Scotland

    4. Supplementary provisions as to compulsory acquisition

      1. 98.Supplementary provisions as to acquisition of land

      2. 99.Powers of entry

    5. Supplementary provisions as to protection of species

      1. 100.Attempts and possession of means of committing offence

      2. 101.Enforcement

      3. 101A.Application of sections 19ZC and 19ZD of the Wildlife and Countryside Act 1981

      4. 102.Proceedings for offences: venue, time limits

      5. 103.Power of court to order forfeiture

      6. 104.Saving for other protective provisions

      7. 104A.Application of criminal offences to the Crown

    6. General supplementary provisions

      1. 105.Powers of drainage authorities

      2. 106.Offences by bodies corporate, &c.

      3. 107.Local inquiries

      4. 108.Service of notices

  8. Signature

    1. SCHEDULE 1

      PROCEDURE IN CONNECTION WITH ORDERS UNDER REGULATION 22

      1. Coming into operation

        1. 1.(1) An original order or a restrictive amending order takes...

      2. Publicity for orders

        1. 2.(1) The Secretary of State shall, where an order has...

      3. Unopposed orders

        1. 3.(1) Where an order has taken effect immediately and no...

      4. Opposed orders

        1. 4.(1) If any representation or objection duly made with respect...

      5. Restriction on power to amend orders or confirm them with modifications

        1. 5.The Secretary of State shall not by virtue of paragraphs...

      6. Notice of final decision on order

        1. 6.(1) The Secretary of State shall as soon as practicable...

      7. Proceedings for questioning validity of orders

        1. 7.(1) This paragraph applies to any order which has taken...

      8. Interpretation

        1. 8.In this Schedule– “amending order” and “revoking order” mean an...

    2. SCHEDULE 2

      EUROPEAN PROTECTED SPECIES OF ANIMALS

    3. SCHEDULE 2A

      EXCLUDED POPULATIONS OF CERTAIN SPECIES

      1. Common Name Scientific Name Excluded countries and areas Beaver, Eurasian...

      2. NOTE: The common name or names given in the first...

    4. SCHEDULE 3

      ANIMALS WHICH MAY NOT BE TAKEN OR KILLED IN CERTAIN WAYS

    5. SCHEDULE 4

      EUROPEAN PROTECTED SPECIES OF PLANTS

  10. Explanatory Note

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