The Conservation (Natural Habitats, &c.) (Amendment) (England and Wales) Regulations 2009

Amendments

7.  In regulation 39(1)—

(a) in paragraph (1)(b), omit the words from “in such a way” to the end;

(b) after paragraph (1) insert—

“(1A) For the purposes of paragraph (1)(b), disturbance of animals includes in particular any disturbance which is likely—

(a) to impair their ability—

(i) to survive, to breed or reproduce, or to rear or nurture their young; or

(ii) in the case of animals of a hibernating or migratory species, to hibernate or migrate; or

(b) to affect significantly the local distribution or abundance of the species to which they belong.”;

(c) for paragraphs (12) and (13) substitute—

“(12) Guidance as to the application of the offences in paragraph (1)(b) or (d) in relation to particular species of animals or particular activities may be published by—

(a) the Secretary of State (in relation to England) or the Welsh Ministers (in relation to Wales); or

(b) the appropriate nature conservation body, with the approval of the Secretary of State (in relation to England) or the Welsh Ministers (in relation to Wales).

(13) In proceedings for an offence under paragraph (1)(b) or (d), a court shall take into account any relevant guidance published under paragraph (12).”; and

(d) omit paragraphs (14) to (16).

(1)

Regulation 39 was substituted in relation to England and Wales by S.I. 2007/1843, regulation 5(1) and (13), and amended by S.I. 2008/2172, regulation 3.