Made | 22nd June 2007 | ||
Laid before Parliament | 3rd July 2007 | ||
Coming into force in accordance with regulation 2 |
(a) any part of the seabed and subsoil situated in any area designated under section 1(7) of the Continental Shelf Act 1964[14]; and
(b) any part of the waters within British fishery limits (except the internal waters of, and the territorial sea adjacent to, the United Kingdom, the Channel Islands and the Isle of Man);";
(a) in any part of the waters in any area designated under section 1(7) of the Continental Shelf Act 1964; or
(b) in any part of the waters in any area designated under section 84(4) of the Energy Act 2004[15];";
(3) After paragraph (2) of regulation 2 (interpretation and application) insert—
(b) any reference to any Annex to the Habitats Directive is a reference to that Annex as amended from time to time.
(2B) Any reference to a numbered provision of these Regulations is—
(4) In paragraph (5)(b) of regulation 2 (interpretation and application), omit the words from "or, for any purpose" to the end.
(5) In paragraph (2) of regulation 3 (implementation of Directive), omit the words ", the Minister of Agriculture, Fisheries and Food".
(6) For regulation 4 (nature conservation bodies) substitute the following regulation—
(7) In regulation 5 (relevant authorities in relation to marine areas and European marine sites)—
(8) For regulation 9 (consultation as to inclusion of site omitted from the list) substitute the following regulation—
for the purposes of these Regulations the site is to be treated as having been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive as from the date of the agreement referred to in paragraph (a) or the decision referred to in paragraph (b).".
(9) In regulation 10[19] (meaning of "European site" in the 1994 Regulations)—
(b) after paragraph (2) add the following paragraph—
(10) In regulation 11[20] (duty to compile and maintain register of European sites), in paragraph (2), for sub-paragraph (e) substitute the following sub-paragraph—
(11) In regulation 35 (direction to establish or amend management scheme), for paragraph (5) substitute the following paragraph—
(12) After regulation 37 (nature conservation in planning contexts) insert the following regulations—
(3) The Welsh Ministers shall, from to time—
(4) In this regulation "the devolved administrations" means the Welsh Ministers, the Department of the Environment in Northern Ireland and the Scottish Ministers.
Protection of certain animals and plants from exploitation
37B.
—(1) If the Secretary of State considers it necessary, 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, he shall 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—
(3) Where the Secretary of State considers that measures are necessary under paragraph (1) he 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.
(4) If the Welsh Ministers consider it necessary, 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, they shall 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—
are compatible with the maintenance of that species at a favourable conservation status.
(6) Where the Welsh Ministers consider that measures are necessary under paragraph (4) they 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.
Introduction of new species from ships
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—
(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—
(7) A person guilty of an offence under this regulation is liable—
(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[21] shall not apply in relation to any act which is an offence under this regulation.
(10) In this regulation—
Licensing the introduction of new species
37D.
—(1) Regulation 37C does not apply to—
(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—
(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.
False statements made for obtaining a licence under regulation 37D
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—
(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.".
(13) For regulation 39 (protection of wild animals of European protected species) substitute the following regulation—
(c) deliberately takes or destroys the eggs of such an animal; or
(d) damages or destroys a breeding site or resting place of such an animal.
(2) It is an offence for any person—
anything to which this paragraph applies.
(3) Paragraph (2) applies to—
(b) any part of, or anything derived from, such an animal or any such part of an animal.
(4) Paragraphs (1) and (2) apply regardless of the stage of the life of the animal in question.
(5) Subject to paragraph (6), a person shall not be guilty of an offence under paragraph (2) if he shows that the animal or part of the animal in question, or the animal or part of the animal from which the part or the thing in question is derived, was lawfully taken from the wild.
(6) The defence in paragraph (5) does not apply—
(b) in respect of the offences in paragraph (2)(c) and (d), if the animal is an animal of any of the species referred to in sub-paragraph (a), or the part or thing in question is derived from such an animal.
(7) For the purposes of paragraph (5) an animal, or part of an animal, shall be treated as having been lawfully taken from the wild if—
(8) A person shall not be guilty of an offence under paragraph (2) if he shows that the animal, or the animal from which the part or thing in question is derived—
(9) Unless the contrary is shown, in any proceedings for an offence under paragraph (1) the animal in question is to be presumed to have been a wild animal.
(10) In any proceedings for an offence under paragraph (2), where it is alleged that an animal or a part of an animal was taken from the wild, it is to be presumed, unless the contrary is shown, that that animal or part of an animal was taken from the wild.
(11) 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.
(12) In paragraph (1)(b)(i), "significant" means significant in relation to the objectives of the Habitats Directive.
(13) In any proceedings in which a person is charged with an offence under sub-paragraph (b) of paragraph (1) by reason of an effect mentioned in paragraph (i) of that sub-paragraph, the court shall have regard to any guidance given by the appropriate nature conservation body as to the criteria for determining whether a group is significant.
(14) In any proceedings for an offence under paragraph (1), where this paragraph applies the defendant shall not be taken deliberately to have done anything mentioned in sub-paragraph (a), (b) or (c) of that paragraph merely because—
(15) Paragraph (14) applies where the defendant shows that—
(16) In paragraph (15), "any relevant Community instrument" means any instrument relating to sea fishing which—
(17) In deciding upon the sentence for a person convicted of an offence under paragraph (1)(d), the court shall in particular have regard to whether that person could reasonably have avoided the damage to or destruction of the breeding site or resting place concerned.
(18) For the purposes of any proceedings for an offence under paragraph (2), the common names given in parentheses in paragraphs (6) and (8) shall be disregarded.
(19) In this regulation—
(14) For regulation 40[23] (exceptions from regulation 39) substitute the following regulation—
(2) A person shall not be guilty of an offence under regulation 39(1)(a), regulation 39(2)(a) or regulation 39(2)(b) if he shows that the act in question—
(3) A person shall not be guilty of the offence under regulation 39(1) of deliberately injuring a wild animal of a European protected species if he shows that this was done solely—
(b) for the purpose of taking a sample to be used in evidence in any criminal proceedings in respect of the following offences (wherever the offence was committed)—
(4) A person shall not be guilty of an offence under regulation 39(2)(a) or (b) if he shows that the act in question was done solely for one or more of the purposes of—
(b) bringing, conducting, or giving evidence in, any criminal proceedings in respect of any such offence; or
(c) giving effect to an order under—
(5) In this regulation—
(15) In regulation 41 (prohibition of certain methods of taking or killing wild animals)—
(f) in paragraph (3) substitute "capturing" for "taking";
(g) in paragraph (4) substitute "capturing" for "taking"; and
(h) in paragraph (6)—
(16) After regulation 41 (prohibition of certain methods of taking or killing wild animals) insert the following regulations—
which (in either case) takes place in England.
(2) The Secretary of State shall from time to time—
(3) The Welsh Ministers shall make arrangements to establish a system to monitor—
which (in either case) takes place in Wales.
(4) The Welsh Ministers shall from time to time—
(5) In this regulation "the devolved administrations" means the Welsh Ministers, the Department of the Environment in Northern Ireland and the Scottish Ministers.
Protection from incidental capture and killing
41B.
—(1) If the Secretary of State considers it necessary, in the light of information derived from monitoring arranged under regulation 41A or otherwise arranged for the purpose of Article 12(4) of the Habitats Directive, he shall (in England) make arrangements for further research for, or ensure that conservation measures are taken for, the purpose specified in paragraph (2).
(2) The purpose referred to in paragraph (1) is to ensure that any incidental capture or incidental killing of animals of a species listed in Annex IV(a) to the Habitats Directive which takes place in England does not have a significant negative impact on that species.
(3) If the Welsh Ministers consider it necessary, in the light of information derived from monitoring arranged under regulation 41A or otherwise arranged for the purpose of Article 12(4) of the Habitats Directive, they shall (in Wales) make arrangements for further research for, or ensure that conservation measures are taken for, the purpose specified in paragraph (4).
(4) The purpose referred to in paragraph (3) is to ensure that any incidental capture or incidental killing of animals of a species listed in Annex IV(a) to the Habitats Directive which takes place in Wales does not have a significant negative impact on that species.".
(17) For regulation 43 (protection of wild plants of European protected species) substitute the following regulation—
anything to which this paragraph applies.
(3) Paragraph (2) applies—
(b) to any part of, or anything derived from, such a plant or such a part of a plant.
(4) Paragraphs (1) and (2) apply regardless of the stage of the biological cycle of the plant in question.
(5) A person shall not be guilty of the offence under paragraph (1) of picking or cutting a wild plant of a European protected species if this was done solely—
(b) for the purpose of taking a sample to be used in evidence in any criminal proceedings in respect of any of the following offences (wherever the offence was committed)—
(6) A person shall not be guilty of an offence under paragraph (2)(a) or (b), if he shows that the act in question was done solely for one or more of the purposes of—
(b) bringing, conducting, or giving evidence in, any criminal proceedings in respect of any such offence; or
(c) giving effect to an order under—
(7) Subject to paragraph (8), a person shall not be guilty of an offence under paragraph (2) if he shows that the plant or part of the plant in question, or the plant or part of the plant from which the part or thing in question is derived, was lawfully taken in the wild.
(8) The defence in paragraph (7) does not apply—
(b) in the case of the offences in paragraph (2)(c) and (d), if the plant in question is of a European protected species, or the part or thing in question is derived from such a plant.
(9) For the purposes of paragraph (7) a plant, or part of a plant, shall be treated as having been lawfully taken in the wild if—
(10) Unless the contrary is shown, in any proceedings for an offence under paragraph (1) the plant in question shall be presumed to have been a wild plant.
(11) In any proceedings for an offence under paragraph (2), where it is alleged that a plant or a part of a plant was taken in the wild, it is to be presumed, unless the contrary is shown, that that plant or part of a plant was taken in the wild.
(12) 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.
(13) In this regulation—
(18) In regulation 44 (grant of licences for certain purposes)—
(19) In regulation 45 (licences: supplementary provisions)—
(20) In regulation 46 (false statements made for obtaining licence), in paragraph (2),—
(21) After regulation 46 (false statements made for obtaining licence) insert the following regulation—
(4) A person guilty of an offence under paragraph (1) 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.".
(22) In regulation 47 (application of provisions of this Part)—
(23) In regulation 48 (assessment of implications for European site)—
(e) after paragraph (7), add the following paragraph−
(24) In regulation 49 (considerations of overriding public interest)—
(b) in paragraph (5) for "a European site" substitute "the site concerned".
(25) In regulation 50 (review of existing decisions and consents, &c), in paragraph (1), after "European site" insert "or a European offshore marine site".
(26) In regulation 52 (co-ordination where more than one competent authority involved), in sub-paragraphs (a) and (b) of paragraph (3), after "European site" insert "or a European offshore marine site".
(27) In regulation 53 (compensatory measures), in paragraph (a), after "European site" insert "or European offshore marine site".
(28) In regulation 53A[33] (control of operations requiring consent)—
(29) In regulation 54 (grant of planning permission)—
(30) In regulation 56(3) (planning permission: consideration on review), after "European site" insert "or European offshore marine site".
(31) In regulation 57(6) (effect of orders made on review: England and Wales), after "European site" insert "or European offshore marine site".
(32) In regulation 58(6) (effect of orders made on review: Scotland), after "European site" insert "or European offshore marine site".
(33) In regulation 60 (general development orders), in paragraph (1)(a), after "Great Britain" insert "or a European offshore marine site".
(34) In regulation 62 (general development orders: approval of local planning authority), in paragraph (6)—
(35) In regulation 64 (special development orders)—
(36) After regulation 64 (special development orders) insert the following regulation—
(37) After regulation 65 (simplified planning zones) insert the following regulation—
(38) After regulation 66 (enterprise zones) insert the following regulation—
(39) In regulation 69 (construction or improvement of highways or roads)—
(40) In regulation 69A(1)[34] (core and other paths) for "European site" substitute "European sites in Great Britain and European offshore marine sites".
(41) In regulation 71 (consents under Electricity Act 1989: application of general requirements)—
(b) in paragraph (2), after "European site" insert "or European offshore marine site";
(c) in paragraph (3)(a)—
(d) in paragraph (3)(b), omit "or";
(e) at the end of paragraph (3)(c), for the full stop substitute ", or";
(f) after paragraph (3)(c), add the following sub-paragraph—
(g) in paragraph (4), after "European site" insert "or European offshore marine site"; and
(h) after paragraph (5), add the following paragraph—
(42) In regulation 75 (authorisations under the Pipe-lines Act 1962: application of general requirements)—
(d) in paragraph (3)(b), omit "or";
(e) at the end of paragraph (3)(c), for the full stop substitute ", or";
(f) after paragraph (3)(c), add the following sub-paragraph—
(g) in paragraph (4) after "European site" insert "or European offshore marine site".
(43) In regulation 79 (orders under the Transport and Works Act 1992: application of general requirements)—
(44) In regulation 83 (authorisations under Part I of the Environmental Protection Act 1990)—
(45) In regulation 84 (licences under Part II of the Environmental Protection Act 1990)—
(b) in paragraph (2) after "European site" insert "or European offshore marine site"; and
(c) in paragraph (4) after "European site" insert "or European offshore marine site".
(46) In regulation 84A[36] (permits under the Pollution Prevention and Control (England and Wales) Regulations 2000) as it has effect in England and Wales—
(47) In regulation 84A[37] (permits under the Pollution Prevention and Control (Scotland) Regulations 2000) as it has effect in Scotland—
(48) After regulation 84A (permits under the Pollution Prevention and Control (England and Wales) Regulations 2000) insert the following regulation—
(d) any consent given under paragraph (2);
(e) the making of an order under section 73[41] of the WRA (power to make ordinary and emergency drought orders) which has the effect of authorising—
(f) the granting of a permit under section 79A[42] of that Act (drought permits);
(g) any consent given under section 166[43] of the WIA (consents for certain discharges under section 165) or section 164[44] of the WRA (consents for certain discharges under section 163); or
(h) the making of an order under section 167 of the WIA (compulsory works orders) or section 168[45] of the WRA (compulsory works orders).
(2) An exemption conferred by regulations under section 33A of the WRA, other than regulations referred to in paragraph (1)(c), shall not apply in relation to any particular abstraction or impounding works unless the Agency has given consent in writing to the abstraction or impounding works being carried out.
(3) Where, in relation to any plan or project authorised by any means referred to in sub-paragraphs (a) to (h) of paragraph (1), the competent authority consider that any adverse effects of the plan or project on the integrity of a European site or European offshore marine site would be avoided if the authorisation were subject to conditions, they may grant the authorisation, or cause it to be granted, subject to those conditions.
(4) Where, by virtue of paragraph (1)(g), regulations 48 and 49 apply in relation to the granting of an authorisation by virtue of a consent under section 166 of the WIA or section 164 of the WRA, the section in question shall have effect as if in each case—
(5) Regulations 50 (requirement to review existing decisions and consents, etc) and 51 (consideration on review) apply to any authorisation mentioned in paragraph (1)(a), (b), (c), (d) or (h).
(6) Where on the review of any such authorisation the competent authority consider that any adverse effects on the integrity of a European site or European offshore marine site of the carrying out or, as the case may be, the continuation of the activities authorised by it would be avoided by a variation of the authorisation, they may vary it, or cause it to be varied, accordingly.
(7) In this regulation—
(49) In regulation 84B[48] (abstraction and works authorised under water legislation) as it has effect in Scotland—
(50) In regulation 85 (discharge consents under water pollution legislation)—
(b) in paragraph (2), after "European site" insert "or European offshore marine site"; and
(c) for paragraph (4), after "European site" insert "or European offshore marine site".
(51) In regulation 85B[49] (assessment of implications for European site) as it has effect in Scotland—
(52) In regulation 85C[50] (considerations of overriding public interest) as it has effect in Scotland—
(53) In regulation 85D[51] (co-ordination for land use plan prepared by more than one planning authority) as it has effect in Scotland, in sub-paragraphs (a) and (b) of paragraph (3), after "European site", insert "or a European offshore marine site".
(54) In regulation 85E[52] as it has effect in Scotland, after "European site" insert "or a European offshore marine site".
(55) After Part IV (adaptation of planning and other controls), insert Part IVA as set out in Schedule 1.
(56) In regulation 89 (payments under certain agreements offered by authorities), in paragraph (2)(a), omit the words "the Minister of Agriculture, Fisheries and Food and".
(57) In regulation 101 (enforcement)—
(b) after paragraph (2) insert the following paragraph—
(c) in paragraph (3)—
(58) After regulation 101[53] (enforcement) insert the following regulations—
a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen.
(3) Where a sample from a live animal or plant is to be taken pursuant to a requirement under this regulation, any person who has possession or control of the animal or plant must give the person taking the sample such assistance as he may reasonably require for that purpose.
(4) This regulation is subject to regulation 101G (restrictions on taking samples).
(5) In this regulation and regulations 101B, 101E and 101G "specimen" means any animal or plant, or any part of, or anything derived from, an animal or plant.
Offences in connection with constables' powers to take samples
101B.
—(1) A person commits an offence if, without reasonable excuse, he fails—
(2) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Wildlife inspectors
101C.
—(1) In regulations 101D to 101I "wildlife inspector" means a person authorised in writing under this regulation by—
(2) An authorisation under paragraph (1) is subject to any conditions or limitations specified in it.
Powers of wildlife inspectors to enter premises
101D.
—(1) A wildlife inspector may, at any reasonable time, enter and inspect any premises other than a dwelling—
(2) The power in paragraph (1) to enter and inspect premises includes power to board and inspect a ship within the coastal sea, subject to paragraphs (3) to (6).
(3) Paragraph (4) applies in relation to—
(4) A wildlife inspector must not, in the exercise of the power in paragraph (1), board or inspect a ship to which this paragraph applies unless—
(5) The Commissioners must not give their authority under paragraph (4)(b) unless the flag state has consented to the United Kingdom exercising that power (whether generally or in relation to the ship in question).
(6) In giving their authority under paragraph (4)(b), the Commissioners must impose such conditions or limitations on the exercise of the power as may be necessary to give effect to any conditions or limitations imposed by the flag state.
(7) A wildlife inspector shall, if required to do so, produce evidence of his authority before entering any premises under this regulation.
(8) A wildlife inspector entering premises under this regulation may take with him a veterinary surgeon if he has reasonable grounds for believing that such a person will be needed for the exercise of powers under regulation 101E.
(9) In this regulation—
Wildlife inspectors' powers for examining specimens and taking samples
101E.
—(1) The powers conferred by this regulation are exercisable where a wildlife inspector has entered premises for a purpose mentioned in regulation 101D(1)(a) or (b).
(2) The inspector, or veterinary surgeon accompanying him, may—
(3) No sample may be taken under paragraph (2) from a live animal or plant except for the purpose of establishing its ancestry or identity.
(4) The inspector may require an occupier of the premises to give such assistance as is reasonable in the circumstances for the purpose of—
(5) The inspector may take and remove from the premises a specimen which is not a live animal or plant, if there are reasonable grounds for believing that it is evidence of an offence under regulation 39, 41, 43 or 46A.
Offences in connection with wildlife inspectors' enforcement powers
101F.
—(1) A person commits an offence if he—
(2) A person commits an offence if, with intent to deceive, he falsely pretends to be a wildlife inspector.
(3) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) A person guilty of an offence under paragraph (2) shall be liable—
Restrictions on taking samples from live specimens
101G.
—(1) No sample may be taken by virtue of regulation 101A or 101E from a live animal except by a veterinary surgeon.
(2) No sample may be taken by virtue of regulation 101A or 101E from a live animal or plant unless the person taking it is satisfied on reasonable grounds that taking it will not cause lasting harm to the specimen.
Codes of practice
101H.
—(1) The Secretary of State (in relation to England) and the Welsh Ministers (in relation to Wales) may—
(2) In discharging any function under regulations 101B to 101G—
(3) But a wildlife inspector's failure to have regard to any provision of a code does not make him liable to criminal or civil proceedings.
(4) A code—
Advice and assistance from nature conservation bodies
101I.
Natural England (in relation to England) and the Countryside Council for Wales (in relation to Wales) may advise or assist any constable or wildlife inspector in, or in connection with, enforcement action in relation to offences under Part III of these Regulations.".
(59) In regulation 102 (proceedings for offences: venue, time limits), in paragraph (2), after "Summary proceedings for"—
(60) After regulation 106 (offences by bodies corporate, &c) insert the following regulation—
(61) After regulation 108 (service of notices) add the following regulations—
(2) The Joint Nature Conservation Committee may undertake, commission or support (whether by financial means or otherwise) such research and scientific work as it considers is required for the purposes of providing advice or making representations under this regulation.
(3) In this regulation and regulation 110 of these Regulations, "research" includes inquiries and investigations.
Advisory role of Natural England, the Countryside Council for Wales and Scottish Natural Heritage
110.
—(1) Natural England may—
(2) The Countryside Council for Wales may—
(3) Scottish Natural Heritage may—
(62) After Schedule 2 (European protected species of animals), insert Schedule 2A set out in Schedule 2 to these Regulations.
Amendment of the Conservation of Seals Act 1970
6.
In section 10 (power to grant licences) of the Conservation of Seals Act 1970[54]—
Amendment of the Wildlife and Countryside Act 1981
7.
—(1) The Wildlife and Countryside Act 1981[55] is amended as follows.
(2) In section 1 (protection of wild birds, their nests and eggs)—
(b) in subsection (6A), for the words "the Directive of the Council of the European Communities dated 2nd April 1979 (No 1979/409/EEC) on the conservation of wild birds" substitute "the Wild Birds Directive".
(3) In section 6 (sale etc of live or dead wild birds, eggs etc), in subsection (5A), for the words "the Directive of the Council of the European Communities dated 2nd April 1979 (No 1979/409/EEC) on the conservation of wild birds" substitute "the Wild Birds Directive".
(4) In section 9[56] (protection of certain wild animals), for subsection (4) substitute the following subsection—
(5) In section 16 (power to grant licences), in subsection (9A), for the words "the Directive of the Council of the European Communities dated 2nd April 1979 (No 1979/409/EEC) on the conservation of wild birds" substitute "the Wild Birds Directive".
(6) In section 27 (interpretation of Part I), before the definition of "wild plant" insert the following definition—
(7) In Schedule 5[58] (animals which are protected)—
“Dolphins (all species but in respect of section 9(4A) and (5) only) | Cetacea” |
“Porpoises (all species but in respect of section 9(5) only) | Cetacea” |
“Turtle, Flatback | Natator depressus” |
“Turtle, Green Sea (in respect of section 9(4)(b) and (c) and (5) only) | Chelonia mydas” |
“Turtle, Hawksbill (in respect of section 9(4)(b) and (c) and (5) only) | Eretmochelys imbricata”[b] |
“Turtle, Kemp's Ridley Sea (in respect of section 9(4)(b) and (c) and (5) only) | Lepidochelys kempii” |
“Turtle, Leatherback Sea (in respect of section 9(4)(b) and (c) and (5) only) | Dermochelys coriacea” |
“Turtle, Loggerhead Sea (in respect of section 9(4)(b) and (c) and (5) only) | Caretta caretta” |
“Turtle, Olive Ridley | Lepidochelys olivacea”. |
(8) In Schedule 8[59] (plants which are protected)—
Amendment of the Countryside and Rights of Way Act 2000
8.
Omit sub-paragraph (a) of paragraph 5 of Schedule 12 to the Countryside and Rights of Way Act 2000[60].
Transitional provisions
9.
—(1) In relation to any offence alleged to have been committed under regulation 39(2)(a) of the 1994 Regulations before 21st November 2007, it shall be a defence for any person to show—
(2) In relation to any offence alleged to have been committed under regulation 43(2)(a) of the 1994 Regulations before 21st November 2007, it shall be a defence for any person to show—
(3) In this regulation—
Barry Gardiner
Parliamentary Under Secretary of State, Department for Environment, Food and Rural Affairs
22nd June 2007
(e) the Welsh Ministers when exercising powers under—
(3) References in this Part to giving effect to a land use plan are to—
Assessment of implications for European sites and European offshore marine sites
85B.
—(1) Where a land use plan—
the plan-making authority for that plan shall, before the plan is given effect, make an appropriate assessment of the implications for the site in view of that site's conservation objectives.
(2) The plan-making authority shall for the purposes of the assessment consult the appropriate nature conservation body and have regard to any representations made by that body within such reasonable time as the authority specifies.
(3) They shall also, if they consider it appropriate, take the opinion of the general public, and if they do so, they shall take such steps for that purpose as they consider appropriate.
(4) In the light of the conclusions of the assessment, and subject to regulation 85C (considerations of overriding public interest), the plan-making authority or, in the case of a regional spatial strategy, the Secretary of State shall give effect to the land use plan only after having ascertained that it will not adversely affect the integrity of the European site or the European offshore marine site (as the case may be).
(5) A plan-making authority shall provide such information as the Secretary of State or the Welsh Ministers may reasonably require for the purposes of the discharge of the obligations of the Secretary of State or the Welsh Ministers under this Part.
(6) This regulation does not apply in relation to a site which is—
Considerations of overriding public interest
85C.
—(1) If the plan-making authority is satisfied that, there being no alternative solutions, the land use plan must be given effect for imperative reasons of overriding public interest (which, subject to paragraph (3), may be of a social or economic nature), they may give effect to the land use plan notwithstanding a negative assessment of the implications for the European site or the European offshore marine site (as the case may be).
(2) In relation to a regional spatial strategy under Part 1 (regional functions) of the 2004 Planning Act, paragraph (1) applies to the Secretary of State as it applies to a plan-making authority in the case of any other land use.
(3) Where the site concerned hosts a priority natural habitat type or a priority species, the reasons referred to in paragraph (1) must be either—
(4) Where a plan-making authority, other than the Secretary of State or the Welsh Ministers, desire to obtain the opinion of the European Commission as to whether reasons are to be considered imperative reasons of overriding public interest, they shall submit a written request to the Secretary of State for a plan relating to England and to the Welsh Ministers for a plan relating to Wales—
(5) The Secretary of State may, if he thinks fit, seek the opinion of the European Commission for—
(6) The Secretary of State shall send any opinion obtained under paragraph (5) to—
(7) The Welsh Ministers shall, upon receiving the opinion, transmit it to the plan-making authority.
(8) Where a plan-making authority, other than the Secretary of State or the Welsh Ministers, propose to give effect to a land use plan under this regulation, they shall notify—
(9) The plan-making authority shall not give effect to the land use plan before the end of the period of 21 days beginning with the day notified by the Secretary of State or the Welsh Ministers as that on which their notification was received, unless—
(10) Without prejudice to any other power, the Secretary of State (in relation to a plan relating to England), or the Welsh Ministers (in relation to a plan relating to Wales), may give directions to the authority in any such case prohibiting them from giving effect to the land use plan, either indefinitely or during such period as may be specified in the direction.
Co-ordination for land use plan prepared by more than one authority
85D.
—(1) The following provisions apply where two or more local planning authorities prepare a joint local development document under section 28 (joint local development documents) or a joint local development plan under section 72 (joint local development plans) of the 2004 Planning Act.
(2) Nothing in paragraph (1) of regulation 85B (assessment of implications for European site or European offshore marine site) requires a local planning authority to assess any implications of a joint local development document or plan which would be more appropriately assessed under that provision by another local planning authority.
(3) The Secretary of State (in relation to England) and the Welsh Ministers (in relation to Wales) may issue guidance to local planning authorities for the purposes of regulation 85B(1) as to the circumstances in which an authority may or should adopt the reasoning or conclusions of another authority as to whether a joint local planning document or plan—
(4) The local planning authorities concerned shall have regard to any such guidance.
(5) In determining whether a joint local development document or plan should be adopted under regulation 85C (considerations of overriding public interest), a local planning authority shall seek and have regard to the views of the other local planning authorities concerned.
Compensatory measures
85E.
Where in accordance with regulation 85C (considerations of overriding public interest) a land use plan is given effect notwithstanding a negative assessment of the implications for a European site or European offshore marine site, the Secretary of State (where the plan relates to England) and the Welsh Ministers (where the plan relates to Wales) shall secure that any necessary compensatory measures are taken to ensure that the overall coherence of Natura 2000 is protected."
Common Name | Scientific Name | Excluded countries and areas |
Beaver, Eurasian | Castor fiber | Estonia, Finland, Latvia, Lithuania, Poland, and Sweden |
Hamster, Common (or Black bellied) | Cricetus cricetus | Hungary |
Wolf, Grey | Canis lupus | Bulgaria, Estonia, Greece north of the 39th parallel, Latvia, Lithuania, Poland, Slovakia, Spain north of the River Duero, and the reindeer management area in Finland as defined in paragraph 2 of Finnish Act No: 848/90 of 14th September 1990 on reindeer management[70] |
Lynx, Eurasian | Lynx lynx | Estonia |
Viper, Seoane's | Vipera seoanni | Spain |
Regulation 5(14) substitutes a new regulation 40. The principal changes here are that the pre-existing defences in regulation 40 of the 1994 Regulations (with the exception of those relating to mercy killing and tending injured animals) are removed. New defences are provided relating to action taken for investigating etc offences under Part 3 of the 1994 Regulations and certain other enactments. The new regulation 43 (which is substituted by regulation 5(17)) also contains similar defences to offences relating to plants.
Regulation 5(15) amends regulation 41 of the 1994 Regulations to make it an offence to use any indiscriminate means of capturing or killing an animal of the species protected by regulation 41, which is capable of causing the local disappearance of, or serious disturbance to, such species.
Regulation 5(18) provides a new power to grant licences under regulation 44 of the 1994 Regulations for the taking or keeping of animals or plants of a European protected species under strictly supervised conditions.
Regulation 5(21) creates a new offence of breaching a licence condition.
Regulation 49(2)(b) of the 1994 Regulations is amended by regulation 5(24) to provide that, in the determination of whether there are imperative reasons of overriding public interest justifying a plan or project, the opinion of the European Commission is a matter to which the competent authority must have regard.
Regulation 5(48) inserts new regulation 84B into the 1994 Regulations so that certain authorisations under the Water Industry Act 1991 and the Water Resources Act 1991 are covered by Part IV.
Regulation 5(55) inserts a new Part IVA (appropriate assessments for land use plans) into the 1994 Regulations, containing new regulations 85A to 85E.
New regulation 85A provides that Part IVA extends to England and Wales only and defines "land-use plan" and "plan-making authority".
A plan-making authority must consider whether their land-use plan is likely to have a significant effect on a European site in Great Britain or a European offshore marine site. If any significant effect is not directly connected with or necessary to the management of the site, an appropriate assessment must be made of the implications for the site in view of that site's conservation objectives, undertaking any necessary consultation (new regulation 85B).
The plan-making authority is to give effect to the plan only after having ascertained that it will not adversely affect the integrity of the site (new regulation 85B(4)), unless they are satisfied that there are no alternative solutions and there are imperative reasons of overriding public interest as set out in new regulation 85C.
Where a plan-making authority propose to give effect to a plan notwithstanding a negative assessment, they must notify, in England, the Secretary of State or, in Wales, the Welsh Ministers (new regulation 85C(8)). The subsequent procedure is set out in new regulation 85C(9) and (10).
New regulation 85D provides for co-ordination where two or more local planning authorities prepare a joint local development document under section 28 of the Planning and Compulsory Act 2004.
In the event of a plan being given effect despite a negative assessment for reasons of overriding public interest, new regulation 85E requires that any necessary compensatory measures are to be taken to ensure that the overall coherence of Natura 2000 is protected.
Regulations 5(57) to 5(59) make amendments changing how the offences under Part 3 of the 1994 Regulations are to be enforced. For example, the powers of constables are extended to so that samples can be taken. Provision is made for the appointment of wildlife inspectors and they are given powers to investigate offences and whether licence conditions are being met. Finally, the time limit for bringing summary proceedings under regulation 102(1) is extended to cover all Part III offences.
Regulation 5(60) deals with application of criminal offences under Part III of the 1994 Regulations in relation to the Crown.
Regulation 6 amends section 10 of the Conservation of Seals Act 1970 to make it clear that there are other restrictions under the Habitats Directive on methods of killing or taking seals.
Regulations 7(7) and 7(8) respectively amend Schedules 5 and 8 to the Wildlife and Countryside Act 1981 to remove certain species from the protection given by sections 9(1), (2) and 13(1), and part of the protection provided under section 9(4), of that Act. Sections 9(1), (2) and (4) of the Wildlife and Countryside Act 1981 prohibit the killing, injuring and taking, possession and control and (in certain circumstances) disturbance of certain animals and protect their places of shelter and protection. Section 13(1) prohibits the uprooting of protected plants and, in some cases, also picking and destruction.
Regulation 7(6) updates the references to the Wild Birds Directive in the Wildlife and Countryside Act 1981 so that the Act refers to that Directive as last amended on the date these Regulations are made.
A number of other minor or consequential amendments are made, as well as a transitional provision, in regulation 9, relating to offences in regulation 39(2)(a) and 43(2)(a) of the 1994 Regulations.
A full Regulatory Impact Assessment of the effect that this instrument will have on the costs of business and the voluntary sector has been prepared in respect of these Regulations. A transposition note setting out how the amendments transpose the provisions of the Habitats Directive has also been prepared. Copies of both documents are available from the Wildlife Habitats and Biodiversity Division, Defra, Temple Quay, Bristol, BS1 6EB. In addition, copies of these documents have been placed in the libraries of both Houses of Parliament.
[3] Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora was last amended by Council Directive 2006/105/EC of 20 November 2006 adapting Directives 79/409/EEC, 92/43/EEC, 97/68/EC, 2001/80/EC and 2001/81/EC in the field of environment, by reason of the accession of Bulgaria and Romania (O.J. No. L363, 20.12.2006, p. 368; and see O.J. L80, 21.3.2007, p. 15, for the Corrigendum amending the original title).back
[4] Council Directive 79/409/EEC on the conservation of wild birds was last amended by Council Directive 2006/105/EC of 20 November 2006 adapting Directives 79/409/EEC, 92/43/EEC, 97/68/EC, 2001/80/EC and 2001/81/EC in the field of environment, by reason of the accession of Bulgaria and Romania (O.J. No. L363, 20.12.2006, p. 368; and see O.J. L80, 21.3.2007, p. 15, for the Corrigendum amending the original title).back
[5] In so far as these Regulations deal with matters that are within the devolved competence of Scottish Ministers (by virtue of section 53 of the Scotland Act 1998 (c.46)), the power of the Secretary of State to make regulations in relation to those matters in or as regards Scotland is preserved by section 57(1) of the Scotland Act 1998 .back
[6] Paragraph 1A was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).back
[8] S.I. 1994/2716. The 1994 Regulations make provision for the purpose of implementing, for Great Britain, Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora. In relation to Wales, the functions of the Secretary of State under the 1994 Regulations were transferred to the National Assembly for Wales (with the exception of those under regulations 71 to 78) by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I 1999/672). By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c. 32), the relevant functions were transferred from the National Assembly for Wales to the Welsh Ministers. In relation to Scotland, the functions of the Secretary of State under the 1994 Regulations were, so far as they are exercisable within devolved competence, transferred to the Scottish Ministers by section 53 of the Scotland Act 1998. Relevant amendments to the 1994 Regulations are noted in footnotes below.back
[9] The definition of "the Habitats Directive" in regulation 2(1) of the 1994 Regulations was previously amended by regulation 2(2) of the Conservation (Natural Habitats, & c.) (Amendment) Regulations 1997 (S.I. 1997/3055).back
[11] Council Directive 92/43/EEC (OJ No. L206, 22.7.92, p.7).back
[13] A consolidated version can be found at O.J. No. C321E, 29.12.06.back
[14] 1964 c.29. Section 1(7) was amended by the Oil and Gas (Enterprise) Act 1982 (c.23) section 37 and Schedule 3, paragraph 1. Areas have been designated under section 1(7) by S.I. 2000/3062 and 2001/3670.back
[15] 2004 c.20. An area has been designated under section 84(4) by S.I. 2004/2668.back
[16] Council Directive 79/409/EEC (OJ No. L103, 25.4.1979, p.1).back
[17] Council Directive 92/43/EEC (OJ No. L206, 22.7.92, p.7). The Directive was last amended by Council Directive 2006/105/EC of 20 November 2006 adapting Directives 79/409/EEC, 92/43/EEC, 97/68/EC, 2001/80/EC and 2001/81/EC in the field of environment, by reason of the accession of Bulgaria and Romania (O.J. No. L363, 20.12.2006, p. 368; and see O.J. L80, 21.3.2007, p. 15, for the Corrigendum amending the original title).back
[18] Council Directive 79/409/EEC (OJ No. L103, 25.4.1979, p.1). The Directive was last amended by Council Directive 2006/105/EC (referred to above).back
[19] Regulation 10(1)(e) was inserted by regulation 2 of the Conservation (Natural Habitats, &c.) (Amendment) (England) Regulations 2000 (S.I. 2000/192).back
[20] Regulation 11(2)(e) was inserted by regulation 2 of the Conservation (Natural Habitats, &c.) (Amendment) (England) Regulations 2000 (S.I. 2000/192).back
[21] 1981 c. 69. Section 14(5) and (6) of the Wildlife and Countryside Act 1981 were repealed by section 102 of, and Part IV of Schedule 16 to, the Countryside and Rights of Way Act 2000 (c.37).back
[22] O.J. No. L358, 31.12.02, p. 59.back
[23] Regulation 40(7) was amended by article 3 of, and paragraph 18(3) of the Schedule to, the Local Government Reorganisation (Wales) (Consequential Amendments) Order 1996 (S.I. 1996/525).back
[24] Sections 18C, 18E and 19XA were inserted into the 1981 Act by section 52 of, and paragraphs 1 and 3 of Schedule 5 to, the Natural Environment and Rural Communities Act 2006 (c.14).back
[25] Section 9(4) of the 1981 Act was amended by section 81(1) of, and paragraph 5(a) of Schedule 12 to, the Countryside and Rights of Way Act 2000 (c.37). Section 9(4A) was inserted by section 81(1) of, and paragraph 5(b) of Schedule 12 to, the Countryside and Rights of Way Act 2000. Section 11(1) of the 1981 Act was amended by section 2(2) of the Wildlife and Countryside (Amendment) Act 1991 (c.39). Section 11(1) was also amended by section 50 of, and paragraphs 1 and 10(1) to (5) of Schedule 6 to, the Nature Conservation (Scotland) Act 2004. Section 11(2) was amended by section 2(3) of the Wildlife and Countryside (Amendment) Act 1991 and by section 50 of, and paragraphs 1 and 10(5) and (6) of Schedule 6 to, the Nature Conservation (Scotland) Act 2004. Section 11(3) was substituted and subsections (3A) to (3E) were inserted by section 50 of, and paragraphs 1 and 10(1) and (6) of Schedule 6 to, the Nature Conservation (Scotland) Act 2004. Finally, section 17 was amended by section 102 of, and Part IV of Schedule 16, to the Countryside and Rights of Way Act 2000.back
[26] Regulation 39 was substituted in relation to Scotland by regulation 10 of the Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80). Regulation 41 was amended in relation to Scotland by regulation 12 of the same Regulations.back
[28] S.I. 1997/1372. Regulation 8, which contains offences relating to the purchase and sale etc of specimens of certain species of animals and plants, was substituted by regulation 3 of the Control in Trade in Endangered Species (Enforcement) (Amendment) Regulations 2005 (S.I. 2005/1674).back
[29] Sections 18C, 18E and 19XA were inserted into the 1981 Act by section 52 of, and paragraphs 1 and 3 of Schedule 5 to, the Natural Environment and Rural Communities Act 2006 (c.16).back
[30] Regulation 43 was substituted in relation to Scotland by regulation 14 of the Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80).back
[32] Regulation 8, which contains offences relating to the purchase and sale etc of specimens of certain species of animals and plants, was substituted by regulation 3 of the Control in Trade in Endangered Species (Enforcement) (Amendment) Regulations 2005 (S.I. 2005/1674).back
[33] Regulation 53A was inserted by regulations 3 and 16(b) of the Conservation (Natural Habitats. &c) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475).back
[34] Regulation 69A was inserted by section 99 of, and paragraphs 14 and 16 of Schedule 2 to, the Land Reform (Scotland) Act 2003 (asp2).back
[36] Regulation 84A (as it has effect in England and Wales) was inserted by regulation 39, and paragraph 37 of Part 2 of Schedule 10 to, the Pollution Prevention and Control (England and Wales) Regulations 2000 (S.I. 2000/1973).back
[37] Regulation 84A (as it has effect in Scotland) was inserted by regulation 36 of, and paragraph 12 of Part 2 of Schedule 10 to, the Pollution Prevention and Control (Scotland) Regulations 2000 (S.S.I. 2000/323).back
[38] Section 27A of the WRA was inserted by section 6 of the Water Act 2003 (c..37).back
[39] Section 33A of the WRA was inserted by section 9 of the Water Act 2003 (c.37).back
[40] Section 24 of the WRA was amended by section 120 of, and paragraph 128 of Schedule 22 to, the Environment Act 1995 (c.25) and by section 60 of the Water Act 2003 (c.37).back
[41] Section 73 was amended by section 120 of, and paragraphs 128 and 139(2) and (3) of Schedule 22 to, the Environment Act 1995 (c.25).back
[42] Section 79A was inserted by section 120 of, and paragraph 140 of Schedule 22 to, the Environment Act 1995 (c.25), and amended by sections 64(3) and 101(2) of, and Schedule 9 to, the Water Act 2003 (c.37).back
[43] Section 166 of the WIA was amended by section 120 of, and paragraph 118 of Schedule 22 to, the Environment Act 1995 (c.25).back
[44] Section 164 of the WRA was amended by section 120 of, and paragraph 128 of Schedule 22 to, the Environment Act 1995 (c.25).back
[45] Section 168 of the WRA was amended by section 120 of, and paragraph 128 of Schedule 22, to the Environment Act 1995 (c.25).back
[48] Regulation 84B (as it has effect in Scotland) was inserted by regulation 20 of the Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80).back
[49] Regulation 85B (as it has effect in Scotland) was inserted by regulation 22 of and Schedule 1 to the Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80).back
[50] Regulation 85C (as it has effect in Scotland) was inserted by regulation 22 of and Schedule 1 to the Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80).back
[51] Regulation 85D (as it has effect in Scotland) was inserted by regulation 22 of and Schedule 1 to the Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80).back
[52] Regulation 85E (as it has effect in Scotland) was inserted by regulation 22 of and Schedule 1 to the Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80).back
[53] Regulation 101(2) was amended by article 9 of the Serious Organised Crime and Police Act 2005 (Powers of Arrest) (Consequential Amendments) Order 2005 (S.I. 2005/3389).back
[54] 1970 c.30. Section 10 has been amended by section 1(1)(b) and (7) of, and paragraph 10 of Schedule 1 to, the Nature Conservancy Act 1973 (c.54); sections 12 and 73 of, and paragraph 7 of Schedule 7 and Schedule 17 to, the Wildlife and Countryside Act 1981 (c.69); section 132 of, and paragraph 5 of Schedule 9 to, the Environmental Protection Act 1990 (c. 43); sections 76(1) and 102 of, and paragraph 4 of Part 2 of Schedule 10 to, and Part 3 of Schedule 16 to the Countryside and Rights of Way Act 2000 (c.37); section 57 of, and paragraph 3(a) of Schedule 7 to, the Nature Conservation (Scotland) Act 2004 (asp6); and section 105(1) of, and paragraph 57(1), (2) and (3) of Part 1 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c.14).back
[55] 1981 c.69. There are amendments to the Wildlife and Countryside Act 1981 (c.69) that are not relevant for the purposes of these Regulations, though relevant amendment are noted in footnotes below.back
[56] Section 9(4) of the Wildlife and Countryside Act 1981 (c.69) was amended by section 81(1) of, and paragraph 5(a) of Schedule 12 to, the Countryside and Rights of Way Act 2000 (c.37). Section 9(4A) was inserted into the Wildlife and Countryside Act 1981 (c. 69) by section 81(1) of, and paragraph 5(b) of Schedule 12 to, the Countryside and Rights of Way Act 2000 (c.37).back
[57] Council Directive 79/409/EEC (OJ No. L103, 25.4.1979, p.1). The Directive was last amended by Council Directive 2006/105/EC of 20 November 2006 adapting Directives 79/409/EEC, 92/43/EEC, 97/68/EC, 2001/80/EC and 2001/81/EC in the field of environment, by reason of the accession of Bulgaria and Romania (O.J. No. L363, 20.12.2006, p. 368; and see O.J. L80, 21.3.2007, p. 15, for the Corrigendum amending the original title).back
[58] The entries relating to the wild cat, dolphins (all species), the dormouse, porpoises (all species) and marine turtles (all species) were inserted by article 2 of the Wildlife and Countryside Act 1981 (Variation of Schedules) Order 1988, S.I. 1988/288. The entry relating to the sturgeon was inserted by article 2 of the Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) Order 1992 (S.I. 1992/2350).back
[59] The entry relating to the creeping marshwort was inserted by article 3 of the Wildlife and Countryside Act 1981 (Variation of Schedules) Order 1988 (S.I. 1988/288). The entries relating to the shore dock, the early gentian, the slender naiad, the floating water plantain and the marsh saxifrage were inserted by article 3 of the Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) Order 1992 (S.I. 1992/2350).back
[64] S.I. 2005/1229 (W.87) (C.56) has been amended. See, the Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential, Transitional and Savings Provisions) (Wales) Order 2005 (S.I. 2005/2722) (W.193) (C.110) and the Planning and Compulsory Purchase Act 2004 (Commencement No.4 and Consequential, Transitional and Savings Provisions) (Wales) (Amendment) Order 2006 (S.I. 2006/842) (W.77).back
[65] Sections 32 to 40 in Part 2 of the 1990 Act were substituted by section 27 of, and paragraph 17 of Schedule 4 to, the Planning and Compulsory Purchase Act 1991 (c.34). Part 2 of the 1990 Act was repealed by section 120 of, and Schedule 9 to, the Planning and Compulsory Purchase Act 2004, subject to transitional provisions in section 119 of, and Schedule 8 to, that Act.back
[66] The functions of the Secretary of State under sections 19(1), 35A(4) and 45(1) were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2; see entry in Schedule 1 for the Town and Country Planning Act 1990. Section 35A was inserted by section 27 of, and paragraphs 1 and 17 of Schedule 4 to, the Planning and Compensation Act 1991 (c.34). By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c. 32), the relevant functions were transferred from the National Assembly for Wales to the Welsh Ministers.back
[67] As substituted by section 27 of, and paragraphs 1 and 6 of Schedule 4 to, the Planning and Compensation Act 1991 (c.34).back
[68] As amended by sections 27 and 84(6) of, and paragraph 12(2) of Schedule 4 and Schedule 19 to, the Planning and Compensation Act 1991 (c.34).back
[69] As amended by section 27 of, and paragraphs 1 and 19(1) of Schedule 4 to, the Planning and Compensation Act 1991 (c.34).back
[70] A copy of this Finnish Act can be obtained from the Wildlife Species Conservation Division, Defra, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6EB.back