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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend, in relation to England and Wales, the Conservation (Natural Habitats, &c.) Regulations 1994 (“the 1994 Regulations”), which make provision implementing Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna (“the Habitats Directive”) (O.J. No. L206, 22.07.92, p.7).

Regulations 5 and 6 amend regulations 37A and 37B of the 1994 Regulations to specify in greater detail the arrangements to be made for surveillance of the conservation status of natural habitat types of Community interest and species of Community interest, and to clarify the duty to take action in the light of that surveillance. Similarly, regulations 9 and 10 amend regulations 41A and 41B of the 1994 Regulations to specify in greater detail the arrangements to be made for monitoring the incidental capture and killing of animals of the species listed in Annex IV(a) to the Habitats Directive, and to clarify the duty to take conservation measures in the light of that monitoring.

Regulation 7 amends regulation 39 of the 1994 Regulations by:

(a) amending the terms of the offence in regulation 39(1)(b) of deliberately disturbing a European protected species of animal;

(b) making provision for the publication of guidance as to the application of the offences in regulation 39(1)(b) and (d) in relation to particular species of animals or particular activities, and requiring the court to take account of any such guidance in proceedings for an offence under those provisions; and

(c) revoking regulation 39(14) to (16), which contained special provision as to the interpretation of the offence in regulation 39(1)(b) in relation to sea fishing.

Regulation 8 amends regulation 40 of the 1994 Regulations, which contains defences to the offences relating to European protected species in regulation 39, by providing that those defences do not apply if the prosecution shows that there was a satisfactory alternative to the defendant’s action, or that the action was detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range.

A transposition note setting out how the amendments transpose the provisions of the Habitats Directive is available from the Wildlife, Habitats and Biodiversity Division, Defra, Temple Quay, Bristol BS1 6EB, and is annexed to the Explanatory Memorandum which is available along the instrument on the OPSI website. A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.