xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

PART IIE+W+SCONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES

MiscellaneousE+W+S

Nature conservation policy in planning contextsE+W+S

37.—(1) For the purposes of the planning enactments mentioned below, policies in respect of the conservation of the natural beauty and amenity of the land shall be taken to include policies encouraging the management of features of the landscape which are of major importance for wild flora and fauna.

Such features are those which, by virtue of their linear and continuous structure (such as rivers with their banks or the traditional systems of marking field boundaries) or their function as stepping stones (such as ponds or small woods), are essential for the migration, dispersal and genetic exchange of wild species.

(2) The enactments referred to in paragraph (1) are–

(a)in the Town and Country Planning Act 1990(1), section 12(3A) (unitary development plans), section 31(3) (structure plans) and section 36(3)(2) (local plans);

(b)in the Town and Country Planning (Scotland) Act 1972(3), section 5(3)(a) (structure plans) and section 9(3)(a) (local plans)(4).

Commencement Information

I1Reg. 37 in force at 30.10.1994, see reg. 1(2)

[F1Surveillance of conservation status of habitats and speciesE+W

37A.—(1) The Secretary of State (in relation to England) and the Welsh Ministers (in relation to Wales) shall make arrangements [F2in accordance with paragraphs (3A) to (3C)] for the surveillance of the conservation status of natural habitats of Community interest and species of Community interest, and in particular priority natural habitat types and priority species.

(2) The Secretary of State shall, from time to time—

(a)consult the devolved administrations about the arrangements he has made under paragraph (1);

(b)provide the devolved administrations with such information as he considers appropriate that has been derived from the surveillance arranged by him under paragraph (1); and

(c)review the arrangements he has made under paragraph (1) and, if he thinks it appropriate, revise those arrangements.

(3) The Welsh Ministers shall, from to time—

(a)consult the Secretary of State and the other devolved administrations about the arrangements they have made under paragraph (1);

(b)provide the Secretary of State and the other devolved administrations with such information as they consider appropriate that has been derived from the surveillance arranged by them under paragraph (1); and

(c)review the arrangements they have made under paragraph (1) and, if they think it appropriate, revise those arrangements.

[F3(3A) The appropriate nature conservation body shall—

(a)assess how and to what extent surveillance of the conservation status of each relevant habitat and species needs to be carried out, having regard to—

(i)whether a habitat or species is a priority natural habitat type or priority species; and

(ii)the conservation status of the habitat or species; and

(b)advise the Secretary of State or the Welsh Ministers as to the need for such surveillance.

(3B) The Secretary of State (in England) and the Welsh Ministers (in Wales) shall ensure that the necessary surveillance is carried out on an ongoing basis.

(3C) Surveillance for the purposes of this regulation may be carried out by—

(a)a nature conservation body;

(b)any other person acting pursuant to, and in accordance with, an agreement with the Secretary of State, the Welsh Ministers or a nature conservation body.

(3D) In paragraph (3A), a “relevant” habitat or species means a habitat or species in England or Wales of a type referred to in paragraph (1).]

(4) In this regulation “the devolved administrations” means the Welsh Ministers, the Department of the Environment in Northern Ireland and the Scottish Ministers.]

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

[F9Surveillance of conservation status of habitats and speciesS

37A.—(1) The Scottish Ministers shall make arrangements [F10in accordance with paragraphs (5) to (7)] for the carrying out of surveillance of the conservation status of natural habitats of Community interest and species of Community interest, and in particular priority natural habitat types and priority species.

(2) Where, in the case of any species of wild fauna and flora listed in Annex V to the Habitats Directive, the Scottish Ministers consider that the results of surveillance under paragraph (1) makes it necessary to do so, they shall make arrangements for ensuring that the taking in the wild of specimens of such species, and their exploitation, is compatible with their being maintained at favourable conservation status.

(3) The arrangements to be made under paragraph (2) shall include arrangements for the carrying out of surveillance of the conservation status of the species in question, for the purpose of establishing whether the taking in the wild of specimens of such species, and their exploitation, is compatible with their being maintained at favourable conservation status.

(4) The Scottish Ministers shall, from time to time, review the arrangements they have made under paragraphs (1), (2) or (3) and if they think it appropriate, revise those arrangements.

[F11(5) The arrangements made by the Scottish Ministers under paragraph (1) shall ensure that Scottish Natural Heritage implements a strategy for the surveillance of the conservation status of relevant habitats and species in Scotland.

(6) In implementing that strategy Scottish Natural Heritage shall–

(a)assess how and to what extent surveillance of the conservation status of relevant habitats and species needs to be carried out, having regard to–

(i)whether a habitat or species is a priority natural habitat type or a priority species; and

(ii)the conservation status of the habitat or species; and

(b)ensure that surveillance is carried out on an ongoing basis.

(7) Surveillance for the purposes of this regulation may be carried out by–

(a)Scottish Natural Heritage; or

(b)any other body or person pursuant to an agreement with Scottish Natural Heritage, provided that Scottish Natural Heritage is satisfied as to the standards and methods of surveillance used by that body or person.

(8) In paragraphs (5) and (6) a relevant habitat or species means a habitat or species of a type referred to in paragraph (1).]]

Textual Amendments

[F4Protection of certain animals and plants from exploitationE.W.

37B.—[F5(1) The Secretary of State shall, as required in the light of information derived from surveillance arranged under regulation 37A or otherwise arranged for the purpose of Article 11 of the Habitats Directive, ensure that measures are taken in England for the purpose mentioned in paragraph (2).]

(2) The purpose referred to in paragraph (1) is to ensure that—

(a)the taking in the wild in England of specimens of a species listed in Annex V to the Habitats Directive, and

(b)the exploitation of such specimens in England,

are compatible with the maintenance of that species at a favourable conservation status.

(3) [F6Where measures are required under paragraph (1), the Secretary of State shall] make arrangements (in England) for surveillance for the purpose of establishing whether the taking in the wild of specimens of the species concerned, and the exploitation of specimens of that species, are compatible with the maintenance of that species at a favourable conservation status.

[F7(4) The Welsh Ministers shall, as required in the light of information derived from surveillance arranged under regulation 37A or otherwise arranged for the purpose of Article 11 of the Habitats Directive, ensure that measures are taken in Wales for the purpose mentioned in paragraph (5).]

(5) The purpose referred to in paragraph (4) is to ensure that—

(a)the taking in the wild in Wales of specimens of a species listed in Annex V to the Habitats Directive, and

(b)the exploitation of such specimens in Wales,

are compatible with the maintenance of that species at a favourable conservation status.

(6) [F8Where measures are required under paragraph (4), the Welsh Ministers shall] make arrangements (in Wales) for surveillance for the purpose of establishing whether the taking in the wild of specimens of the species concerned, and the exploitation of specimens of that species, are compatible with the maintenance of that species at a favourable conservation status.

Textual Amendments

Introduction of new species from shipsE.W.

37C.—(1) Subject to regulation 37D, it is an offence for any person on board a ship in any relevant part of the coastal sea deliberately to introduce into those waters, other than in accordance with paragraph (3), any live animal or plant of a kind having a natural range that does not include any area in Great Britain.

(2) For the purposes of paragraph (1), “relevant part” means any part where the introduction would give rise to a risk of prejudice to natural habitats within their natural range or a risk of prejudice to wild native flora or fauna (whether in the place of introduction or elsewhere).

(3) An introduction is in accordance with this paragraph if—

(a)it resulted from a discharge of water carried as ballast and the discharge was necessary for the purpose of protecting the safety of any person or ship; and

(b)all reasonably practicable steps were taken—

(i)to avoid its occurring in an area where it would give rise to a risk of prejudice to natural habitats within their natural range or a risk of prejudice to wild native flora or fauna (whether in the place of introduction or elsewhere); and

(ii)to minimise any risk of such prejudice.

(4) In any proceedings for an offence under this regulation, it is for the defendant to show that the introduction in question was in accordance with paragraph (3).

(5) The Secretary of State (in relation to England) and the Welsh Ministers (in relation to Wales) may issue guidance about steps which may be taken to avoid committing an offence under this regulation.

(6) In any proceedings for an offence under this regulation—

(a)where the offence is alleged to have been committed in England, a court shall have regard to any guidance issued by the Secretary of State under paragraph (5); and

(b)where the offence is alleged to have been committed in Wales, a court shall have regard to any guidance issued by the Welsh Ministers under paragraph (5).

(7) A person guilty of an offence under this regulation is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on conviction on indictment, to a fine.

(8) Regulations 101 and 102(1) apply in relation to an offence under this regulation as if the references in those regulations to an offence under Part III of these Regulations included a reference to an offence under this regulation.

(9) Section 14 of the Wildlife and Countryside Act 1981 shall not apply in relation to any act which is an offence under this regulation.

(10) In this regulation—

“the coastal sea” means any part of the sea within the seawards limits of the territorial waters of the United Kingdom adjacent to England or Wales;

“sea” includes any area submerged at mean high water springs and also includes, so far as the tide flows at mean high water springs, an estuary or arm of the sea and the waters of any channel, creek, bay or river; and

“ship” means any vessel (including hovercraft, submersible craft and other floating craft) other than one which permanently rests on, or is permanently attached to, the seabed.

Textual Amendments

Licensing the introduction of new speciesE.W.

37D.—(1) Regulation 37C does not apply to—

(a)anything done in England which is done under and in accordance with the terms of a licence granted by the Secretary of State; or

(b)anything done in Wales which is done under and in accordance with the terms of a licence granted by the Welsh Ministers.

(2) The Secretary of State and the Welsh Ministers must not grant a licence under this regulation unless they are satisfied that the action authorised by the licence will not prejudice natural habitats within their natural range or wild native flora and fauna.

(3) A licence under this regulation—

(a)may be, to any degree, general or specific;

(b)may be subject to compliance with any specified conditions;

(c)may be granted either to persons of a class or to a particular person;

(d)may be modified or revoked at any time by the Secretary of State (if it was granted by him) or by the Welsh Ministers (if it was granted by them); and

(e)is valid for the period stated in the licence.

(4) For the purposes of a licence under this regulation the definition of a class of persons may be framed by reference to any circumstances whatever including, in particular, their being authorised by any other person.

(5) The Secretary of State and the Welsh Ministers may charge for a licence under this regulation such reasonable sum as they may determine.

Textual Amendments

False statements made for obtaining a licence under regulation 37DE.W.

37E.—(1) A person commits an offence if, for the purposes of obtaining, whether for himself or another, the grant of a licence under regulation 37D, he—

(a)makes a statement or representation, or furnishes a document or information, which he knows to be false in a material particular, or

(b)recklessly makes a statement or representation, or furnishes a document or information, which is false in a material particular.

(2) A person guilty of an offence under this regulation is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

(3) Regulations 101 and 102 of these Regulations apply in relation to an offence under this regulation as if the references in those regulations to an offence under Part III of these Regulations included an offence under this regulation.]

Textual Amendments

(2)

Section 12(3A) was inserted, and sections 31(3) and 36(3) were substituted, by paragraphs 2(1), 16 and 17 respectively of Schedule 4 to the Planning and Compensation Act 1991 (c. 34).

(4)

The relevant passages in sections 5(3)(a) and 9(3)(a) were inserted by paragraphs 3 and 4 of Schedule 13 to the Planning and Compensation Act 1991 (c. 34).