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

[F1 Environmental controls E+W+S

Textual Amendments

F1 Regulations revoked (E.W.) (1.4.2010 except so far as relating to the revocation in relation to W. of reg. 36 and specified words in reg. 3(3), 12.12.2014 in so far as not already in force) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2)(4)(b), 133(3) (with regs. 125, 134)

Authorisations under Part I of the Environmental Protection Act 1990 E+W+S

[F2 83.—F3 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any [F4 authorisation under Part I of the Environmental Protection Act 1990].

(4) Where on the review of such an authorisation the competent authority consider that any adverse effects on the integrity of a European site of the carrying out or, as the case may be, the continuation of activities authorised by it would be avoided by a variation of the authorisation, they may vary it, or cause it to be varied, accordingly.

(5) Where any question arises as to F5 ... affirming an authorisation on review, under regulation 49 (considerations of overriding public interest), the competent authority shall refer the matter to the Secretary of State who shall determine the matter in accordance with that regulation and give directions to the authority accordingly.]

Textual Amendments

F2 Regs. 83, 84 omitted (E.W.) (6.4.2008) by virtue of The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 21 para. 35(2) (with regs. 69-72)

F3 Reg. 83(1)(2) omitted (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(44)(a) (with reg. 9)

F4 Words in reg. 83(3) substituted (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(44)(b) (with reg. 9)

F5 Words in reg. 83(5) omitted (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(44)(c) (with reg. 9)

Commencement Information

I1 Reg. 83 in force at 30.10.1994, see reg. 1(2)

Licences under Part II of the Environmental Protection Act 1990 E+W+S

[F2 84.— (1) Regulations 48 and 49 (requirement to consider effect on [F6 European sites in Great Britain and European offshore marine sites]) apply in relation to–

(a) the granting of a waste management licence under Part II of the Environmental Protection Act 1990 [F7 , and]

(b) the passing of a resolution under section 54 of that Act (provisions as to land occupied by disposal authorities themselves). F8 ...

F9 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where in such a case the competent authority consider that any adverse effects of the plan or project on the integrity of a European site [F10 or European offshore marine site] would be avoided by making any licence subject to conditions, they may grant a licence, or cause a licence to be granted, or, as the case may be, pass a resolution, subject to those conditions.

(3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any such licence or resolution as is mentioned in paragraph (1).

(4) Where on the review of such a licence or resolution the competent authority consider that any adverse effects on the integrity of a European site [F11 or European offshore marine site] of the carrying out or, as the case may be, the continuation of the activities authorised by it would be avoided by a variation of the licence or resolution, they may vary it, or cause it to be varied, accordingly.]

Textual Amendments

F2 Regs. 83, 84 omitted (E.W.) (6.4.2008) by virtue of The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 21 para. 35(2) (with regs. 69-72)

F6 Words in reg. 84(1) substituted (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(45)(a)(i) (with reg. 9)

F7 Words in reg. 84(1)(a) inserted (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(45)(a)(ii) (with reg. 9)

F8 Word in reg. 84(1)(b) omitted (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(45)(a)(iii) (with reg. 9)

F9 Reg. 84(1)(c) omitted (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(45)(a)(iv) (with reg. 9)

F10 Words in reg. 84(2) inserted (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(45)(b) (with reg. 9)

F11 Words in reg. 84(4) inserted (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(45)(c) (with reg. 9)

Commencement Information

I2 Reg. 84 in force at 30.10.1994, see reg. 1(2)

[F12 Permits under [F13 the Pollution Prevention and Control (Scotland) Regulations 2012] E+W+S

84A.— (1) Regulations 48 and 49 (requirement to consider effect on [F14 European sites in Great Britain and European offshore marine sites]) apply in relation to the granting of a permit under [F15 the Pollution Prevention and Control (Scotland) Regulations 2012].

(2) Where in such a case the competent authority consider that any adverse effects of the plan or project on the integrity of a European site [F16 or European offshore marine site] would be avoided if the permit were subject to conditions, they may grant a permit, or cause a permit to be granted, subject to those conditions.

(3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any such permit as is mentioned in paragraph (1).

(4) Where on the review of such a permit the competent authority consider that any adverse effects on the integrity of a European site [F17 or European offshore marine site] of the carrying out or, as the case may be, the continuation of activities authorised by it would be avoided by a variation of the permit, they may vary it, or cause it to be varied, accordingly.

(5) Where any question arises as to agreeing to a plan or project, of affirming a permit on review, under regulation 49 (considerations of overriding public interest), the competent authority shall refer the matter to the Scottish Ministers who shall determine the matter in accordance with that regulation and give directions to the authority accordingly.]

Textual Amendments

F12 Reg. 84A inserted (S.) (28.9.2000) by The Pollution Prevention and Control (Scotland) Regulations 2000 (S.S.I. 2000/323), reg. 1(1), sch. 10 para. 12 (with reg. 34)

F13 Words in reg. 84A heading substituted (7.1.2013) by The Pollution Prevention and Control (Scotland) Regulations 2012 (S.S.I. 2012/360), reg. 1(2), sch. 11 para. 7(2) (with reg. 71)

F14 Words in reg. 84A(1) substituted (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(47)(a) (with reg. 9)

F15 Words in reg. 84A(1) substituted (7.1.2013) by The Pollution Prevention and Control (Scotland) Regulations 2012 (S.S.I. 2012/360), reg. 1(2), sch. 11 para. 7(2) (with reg. 71)

F16 Words in reg. 84A(2) inserted (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(47)(b) (with reg. 9)

F17 Words in reg. 84A(4) inserted (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(47)(c) (with reg. 9)

[F18 Abstraction and works authorised under water legislation E+W+S

84B.— (1) Regulations 48 and 49 apply in relation to—

(a) the grant of an authorisation under regulation 8 (registration) or 9 (water use licence);

(b) the variation under regulation 19 (variation of authorisation) in accordance with either regulation 20 (procedure for variation) or regulation 21 (request for variation), as the case may be, or the partial variation under regulation 25(4) (determination of application for surrender) of an authorisation; and

(c) the determination of an appeal under regulation 47 (determination of appeals) against a decision of the Scottish Environment Protection Agency referred to in regulation 46(a), (b), (c), (d), (e), (ee) or (g),

of the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (“the 2005 Regulations”).

(2) In a case referred to in paragraph (1), where the competent authority considers that any adverse effects of the plan or project on the integrity of a European site [F19 or European offshore marine site] would be avoided if the grant or variation of the authorisation were subject to conditions or, as the case may be, further conditions, it may grant or vary the authorisation subject to those conditions.

(3) Regulations 50 and 51 apply to authorisations under regulation 8 or 9 of the 2005 Regulations.

(4) Where on the review of an authorisation under regulation 8 or 9 of the 2005 Regulations, the competent authority considers that any adverse effects on the integrity of a European site [F20 or European offshore marine site] of the carrying out or, as the case may be, the continuation of the activity authorised would be avoided by a variation of the authorisation, it may vary the authorisation, or cause it to be varied, accordingly.]

Textual Amendments

F18 Reg. 84B inserted (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), regs. 2, 20

F19 Words in reg. 84B(2) inserted (S.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(49)(a) (with reg. 9)

F20 Words in reg. 84B(4) inserted (S.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(49)(b) (with reg. 9)

Marine works E+W

F1 84C.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21 Derogations under the Nitrate Pollution Prevention Regulations 2008 E+W+S

84D.— (1) Regulations 48 (assessment of implications for European site) and 49 (considerations of overriding public interest) apply in relation to the granting of a derogation under Part 3A of the Nitrate Pollution Prevention Regulations 2008.

(2) Where regulations 48 and 49 apply, the competent authority may, if they consider any adverse effects of the plan or project on the integrity of a European site or European offshore marine site would be avoided if the derogation were subject to conditions, grant the derogation, subject to those conditions.]

Textual Amendments

F21 Reg. 84D inserted (28.12.2009) by The Nitrate Pollution Prevention (Amendment) Regulations 2009 (S.I. 2009/3160), regs. 1(b), 11(2)

Derogations under the Nitrate Pollution Prevention (Wales) Regulations 2008 E+W

F1 84E.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discharge consents under water pollution legislation E+W+S

85.— (1) Regulations 48 and 49 (requirement to consider effect on European site) apply in relation to the giving of consent under—

(a) Chapter II of Part III to the Water Resources Act 1991(1) (control of pollution of water resources), F22 ...

F22 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where in such a case the competent authority consider that any adverse effects of the plan or project on the integrity of a European site would be avoided by making any consent subject to conditions, they may give consent, or cause it to be given, subject to those conditions.

(3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any such consent as is mentioned in paragraph (1).

(4) Where on the review of such a consent the competent authority consider that any adverse effects on the integrity of a European site of the carrying out or, as the case may be, the continuation of the activities authorised by it would be avoided by a variation of the consent, they may vary it, or cause it to be varied, accordingly.]

Textual Amendments

F22 Reg. 85(1)(b) and word omitted (S.) (15.2.2007) by virtue of The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), regs. 2, 21

Commencement Information

I3 Reg. 85 in force at 30.10.1994, see reg. 1(2)

(1)

1991 c. 57.