2012 No. 1927

Wildlife
Countryside
Marine Management

F1The Conservation of Habitats and Species (Amendment) Regulations 2012

Made

Laid before Parliament

Laid before the National Assembly for Wales

Coming into force

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the environment, and the Welsh Ministers are designated for those purposes in relation to the conservation of natural habitats and of wild fauna and flora.

In exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972, the Secretary of State and the Welsh Ministers make these Regulations, the Welsh Ministers in relation to Wales, to the extent that they are designated to do so, and the Secretary of State in relation to every other aspect.

Annotations:
Amendments (Textual)

Title, commencement, interpretation and extent1

1

These Regulations may be cited as the Conservation of Habitats and Species (Amendment) Regulations 2012 and come into force on 16th August 2012.

2

In these Regulations, “the 2010 Regulations” means the Conservation of Habitats and Species Regulations 2010 M1.

3

Except as provided in paragraphs (4) and (5), these Regulations extend to England and Wales only.

4

This regulation and regulations 2 to 7, regulation 8 in so far as it relates to regulations 9 and 9A of the 2010 Regulations, and regulations 19 to 21 also extend to Scotland and Northern Ireland.

5

Regulations 3(4) and 24 extend to Scotland only.

Amendment of the 2010 Regulations2

F1The 2010 Regulations are amended in accordance with regulations 3 to 24.

Amendment of regulation 2F13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 3F14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 5F15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 7F16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 8F17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Substitution of regulation 9F18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 12AF19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 18F110

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 19F111

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation of regulation 20F112

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 21F113

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation of regulation 22F114

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Substitution of regulation 23F115

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 36F116

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 38F117

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 58F118

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 60F119

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 61F120

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 67F121

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Insertion of regulation 129AF122

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Addition of regulation 135F123

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of Schedule 6F124

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provision25

Any notice given before 16th August 2012 under, or having effect as if given under M2, regulation 20(1)(a) of the 2010 Regulations as in force immediately before that date, has effect as if given under section 28E(1)(a) of the Wildlife and Countryside Act 1981 M3.

Amendment of the National Parks and Access to the Countryside Act 194926

In section 15 of the National Parks and Access to the Countryside Act 1949 M4 (meaning of “nature reserve”), after subsection (2) insert—

2A

In subsection (2)(b) the reference to preserving flora or fauna includes enabling or facilitating its recovery or increase.

Richard Benyon Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs
John Griffiths Minister for Environment and Sustainable Development One of the Welsh Ministers

(This note is not part of these Regulations)

M5M6M7These Regulations amend the Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490 ) (“the 2010 Regulations”), which make provision transposing Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (“the Habitats Directive”) and certain aspects of Directive 2009/147/EC on the conservation of wild birds (“the Birds Directive”) .

These Regulations extend to England and Wales. They also extend to Scotland and Northern Ireland to a limited degree.

Regulation 7 provides that Part 6 of the 2010 Regulations has effect in relation to plans and projects affecting European sites in the United Kingdom, and regulation 19 provides that the assessment and review provisions of that Part apply in relation to plans and projects not specifically mentioned in that Part.

Regulation 8 substitutes regulation 9 of the 2010 Regulations, to provide that public bodies must exercise their conservation functions so as to comply with the Habitats Directive and the Birds Directive.

Regulation 8 also inserts regulation 9A, which imposes new duties on public bodies in relation to wild bird habitat, and regulation 9B, which requires nature conservation bodies to review and report on whether the obligations under regulation 9A have been met.

Regulations 10 to 15 simplify the provisions applying to cases where land which is a site of special scientific interest under the Wildlife and Countryside Act 1981 (c.69) is also a European site under the 2010 Regulations.

Regulation 16 provides that management schemes may be established for European marine sites in order to secure compliance with the requirements of the Birds Directive as well as the Habitats Directive.

Regulation 17 removes a restriction on the making of byelaws or orders for the protection of European marine sites.

Regulation 22 inserts regulation 129A of the 2010 Regulations, concerning research and scientific work for the purposes of the Habitats Directive and the Birds Directive.

Regulation 23 requires the Secretary of State to review the operation and effect of the 2010 Regulations and publish a report within five years after these Regulations come into force and within every five years after that.

A transposition note and full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector are available from the International Protected Areas team, Department for Environment, Food and Rural Affairs, Temple Quay House, 2 The Square, Bristol BS1 6EB, and are published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.