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

Power to make special nature conservation order E+W

22.—(1) The Secretary of State may, after consultation with the appropriate nature conservation body, make in respect of any land within a European site an order (a “special nature conservation order”) specifying operations which appear to him to be likely to destroy or damage the flora, fauna, or geological or physiographical features by reason of which the land is a European site.

(2) A special nature conservation order may be amended or revoked by a further order.

(3) Schedule 1 has effect with respect to the making, confirmation and coming into operation of special nature conservation orders and amending or revoking orders.

(4) A special nature conservation order in relation to land in England and Wales is a local land charge.

(5) A special nature conservation order in relation to land in Scotland shall be registered either–

(a) in a case where the land affected by the order is registered in that Register, in the Land Register of Scotland; or

(b) in any other case, in the appropriate Division of the General Register of Sasines.

(6) A report submitted by a nature conservation body to the Secretary of State under paragraph 20 of Schedule 6 to the Environmental Protection Act 1990(1) or section 10(2) of the Natural Heritage (Scotland) Act 1991(2) shall set out particulars of any land in their area as respects which a special nature conservation order has come into operation during the year to which the report relates.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Commencement Information

I1 Reg. 22 in force at 30.10.1994, see reg. 1(2)

[F2 Chapter 4 of Part 2 of the 2004 Act S

22.   The provisions of Chapter 4 of Part 2 of the 2004 Act referred to in regulation 19(1)(c) apply for the purposes of these Regulations as if–

(a) any reference to “protected natural feature” was a reference to a natural feature–

(i) by reason of which the land is a European site; or

(ii) by reason of which a nature conservation order has effect;

(b) in section 40 (restoration orders)–

(i) in subsection (1)(b), the reference to “19(3)” was omitted; and

(ii) in subsection (4)(a), the reference to “£40,000” was a reference to “level 5 on the standard scale”;

(c) in section 41(1) (signs etc.) for the words from “any land” to the end there was substituted “ a European site ”;

(d) in section 43 (powers of investigation etc.: police) the references to “this Part” in each place where they occur were references to regulations 18 to 22 of these Regulations; and

(e) in section 44 (powers of entry: authorised persons)–

(i) in subsection (i)–

(a) paragraphs (a) and (j) were omitted;

(b) in paragraphs (c) and (d), the reference to “management agreement” included a reference to a management agreement entered into under regulation 16 of these Regulations;

(c) in paragraph (f), for the words from “section 19(1)” to “20” there were substituted references to regulations 18 to 22 of these Regulations;

(d) in paragraph (l), the reference to “section 48(10)” was a reference to regulation 108 of these Regulations; and

(ii) in subsection (2)(c), the reference to “section 48(10)” was a reference to regulation 108 of these Regulations.]

Textual Amendments

F2 Regs. 18-22 substituted (S.) for regs. 18-22 and cross-headings (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20, 21)

(1)

1990 c. 43.

(2)

1991 c. 28.