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5. In regulation 5 (nature conservation bodies)—
(a)in paragraph (1), for “paragraphs (2) and (3)” substitute “paragraphs (2) to (4)”; and
(b)for paragraphs (2) and (3) substitute—
“(2) In regulations 48 (surveillance of conservation status of habitats and species) and 50 (monitoring of incidental capture and killing), “nature conservation body” means Natural England, the Countryside Council for Wales or the Joint Nature Conservation Committee(1).
(3) In a provision of Part 6 (assessment of plans and projects) which extends to England and Wales only, “the appropriate nature conservation body” means—
(a)Natural England, in relation to England, or
(b)the Countryside Council for Wales, in relation to Wales,
except in relation to an effect on a European offshore marine site, in which case it means the Joint Nature Conservation Committee.
(4) In a provision of Part 6 which extends to Scotland or Northern Ireland, “the appropriate nature conservation body” means—
(a)Natural England, in relation to England,
(b)the Countryside Council for Wales, in relation to Wales,
(c)Scottish Natural Heritage, in relation to Scotland, or
(d)the Department of the Environment in Northern Ireland, in relation to Northern Ireland,
except in relation to an effect on a European offshore marine site, in which case it means the Joint Nature Conservation Committee.”.
The Joint Nature Conservation Committee was established by the Environmental Protection Act 1990 (c.43), section 128(4), and reconstituted by the Natural Environment and Rural Communities Act 2006 (c.16), section 31 and Schedule 4.
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