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

Implementation of Directive

3.—(1) These Regulations make provision for the purpose of implementing, for Great Britain, Council Directive 92/43/EEC(1) on the conservation of natural habitats and of wild fauna and flora (referred to in these Regulations as “the Habitats Directive”).

(2) The Secretary of State, the Minister of Agriculture, Fisheries and Food and the nature conservation bodies shall exercise their functions under the enactments relating to nature conservation so as to secure compliance with the requirements of the Habitats Directive.

Those enactments include–

• Part III of the National Parks and Access to the Countryside Act 1949(2),

• section 49A of the Countryside (Scotland) Act 1967(3) (management agreements),

• section 15 of the Countryside Act 1968(4) (areas of special scientific interest),

• Part I and sections 28 to 38 of the Wildlife and Countryside Act 1981(5),

• sections 131 to 134 of the Environmental Protection Act 1990(6),

• sections 2, 3, 5, 6, 7 and 11 of the Natural Heritage (Scotland) Act 1991(7), and these Regulations.

(3) In relation to marine areas any competent authority having functions relevant to marine conservation shall exercise those functions so as to secure compliance with the requirements of the Habitats Directive.

This applies, in particular, to functions under the following enactments–

• the Sea Fisheries Acts within the meaning of section 1 of the Sea Fisheries (Wildlife Conservation) Act 1992(8),

• the Dockyard Ports Regulation Act 1865(9),

• section 2(2) of the Military Lands Act 1900(10) (provisions as to use of sea, tidal water or shore),

• the Harbours Act 1964(11),

• Part II of the Control of Pollution Act 1974(12),

• sections 36 and 37 of the Wildlife and Countryside Act 1981(13) (marine nature reserves),

• sections 120 to 122 of the Civic Government (Scotland) Act 1982(14) (control of the seashore, adjacent waters and inland waters),

• the Water Resources Act 1991(15),

• the Land Drainage Act 1991(16), and

• these Regulations.

(4) Without prejudice to the preceding provisions, every competent authority in the exercise of any of their functions, shall have regard to the requirements of the Habitats Directive so far as they may be affected by the exercise of those functions.

(1)

O.J. No. L206, 22.7.92 p.7.

(2)

1949 c. 97; Part III was amended by paragraph 1 of Schedule 1 to the Nature Conservancy Council Act 1973 (c. 54).

(3)

1967 c. 86; section 49A was inserted by section 9 of the Countryside (Scotland) Act 1981 (c. 44).

(4)

1968 c. 41; section 15 was amended by paragraph 9 of Schedule 1 to the Nature Conservancy Council Act 1973 (c. 54) and section 73(8) of the Wildlife and Countryside Act 1981 (c. 69).

(5)

1981 c. 69; relevant amendments have been made by the Wildlife and Countryside (Amendment) Act 1985 (c. 31), the Wildlife and Countryside (Service of Notices) Act 1985 (c. 59) and the Wildlife and Countryside (Amendment) Act 1991 (c. 39).

(6)

1990 c. 43.

(7)

1991 c. 28.

(8)

1992 c. 36.

(9)

1865 c. 125.

(10)

1900 c. 56; the power conferred by section 2(2) was extended by section 7 of the Lands Powers (Defence) Act 1958 (c. 30).

(11)

1964 c. 40; relevant amendments were made by Part III of the Docks and Harbours Act 1966 (c. 28), Schedule 6 to the Transport Act 1981 (c. 56) and section 63 of, and Schedule 3 to, the Transport and Works Act 1992 (c. 42).

(12)

1974 c. 40.

(13)

1981 c. 69.

(14)

1982 c. 45.

(15)

1991 c. 57.

(16)

1991 c. 59.