A1

Where a responsible operator has received a notice from the enforcing authority under regulation 18, it must without delay identify potential remedial measures in accordance with Schedule 4 and submit them in writing to the enforcing authority for its approval.

5

1

Damage to a protected species or natural habitat and damage to a site of special scientific interest does not include damage caused by an act expressly authorised by the relevant authorities in accordance with—

a

the Conservation (Natural Habitats, &c.) Regulations 199433;

b

the Offshore Petroleum Activities (Conservation of Habitats) Regulations 200134;

c

the Conservation of Habitats and Species Regulations 201035;

d

the Conservation of Habitats and Species Regulations 201736;

e

the Conservation of Offshore Marine Habitats and Species Regulations 201737.

2

Damage to sites of special scientific interest does not include, in the case of a site that is not a European site damage caused by an act expressly authorised by the relevant authorities in accordance with Part 2 of the Wildlife and Countryside Act 198138.

3

In sub-paragraph (2), “European site” has the same meaning as in regulation 8 of the Conservation of Habitats and Species Regulations 2017.