The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995

Northern Ireland Statutory Rule 1995 No. 380 — creates 10 criminal offences.

10offences created

0recorded in force

0revoked

Made: 5 October 1995
In force from: 13 November 1995
Extent: Not stated
Subject: Miscellaneous
Made under: European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations make provision for implementing Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora. Part I contains introductory provisions. Part II provides for the conservation of natural habitats and habitats of species, and in particular— regulations 6 to 12 make provision for the selection, registration and notification of sites to be protected under the Directive (“European sites”); regulations 13 and 14 make provision for management agreements for European sites; regulations 15 to 18 make provision in respect of European sites for the control of damaging operations; regulations 19 to 22 make provision for the payment of compensation in relation to the control of damaging operations on European sites; regulations 23 to 26 make provision for the making of byelaws for European sites and for the payment of compensation for the effect of byelaws; regulation 27 makes provision for the acquisition of European sites; regulations 28 to 31 make special provision for the protection of European marine sites; and regulation 32 requires the Department, where it thinks necessary, to encourage the management of features of landscape which are important to wild fauna and flora. Part III provides for the protection of certain wild animals and plants and in particular— regulation 34 makes it an offence, subject to certain exceptions, deliberately to capture, kill or disturb those animals or to trade in them; and regulation 38 makes it an offence, subject to certain exceptions, to pick, collect, cut, uproot or destroy those plants or to trade in them. Part IV makes provision for the adaptation of planning and certain other controls for the protection of European sites; in particular— regulations 43, 44 and 49 require the effect on a European site to be considered before a grant of planning permission and, subject to certain exceptions, restrict the grant of planning permission where the integrity of a European site would be adversely affected; regulations 45, 46 and 50 to 53 require that planning permissions granted before the date on which the site becomes a European site (or if later, the commencement of these Regulations) shall be reviewed and in certain circumstances revoked, where the integrity of the site would be adversely affected; regulation 54 limits claims for compensation under the Land Development Values (Compensation) Act (NI) 1965 where the Department decides not to confirm provisional orders under Article 38 (revocation or modification of planning permission) or Article 39 (discontinuance of a use, etc.) of the Planning (NI) Order 1991. Compensation is limited to loss or damage attributable to the temporary modification, suspension or imposition of conditions; equivalent provision for the requirement to consider the effect on a European site and for the review of consents is made in relation to roads under the Roads (NI) Order 1993 (regulation 62), waste disposal licences etc., under the Pollution Control and Local Government (NI) Order 1978 (regulation 63), and discharge consents under the Water Act (NI) 1972 (regulation 64). Regulations 55 to 60 make special provisions as respects general development orders, special development orders, simplified planning zones and enterprise zones. Part V contains provisions of a supplemental nature. Copies of Council Directives 79/409/EEC and 92/43/EEC are available from the Commission of the European Communities, Windsor House, 9–15 Bedford Street, Belfast BT2 7EG.

Offences created by this instrument

Restriction on carrying out operations specified in declaration regulation 16(3) · Status not determined · Strict liability
If, within the period specified in an order under paragraph (1), the person against whom it was made fails, without… regulation 22(4) · Status not determined · Strict liability
Protection of wild animals of European protected species regulation 34(1) · Status not determined · Requires proof of a state of mind
Protection of wild animals of European protected species regulation 34(2) · Status not determined · Strict liability
Prohibition of certain methods of taking or killing wild animals regulation 36(2) · Status not determined · Strict liability
Protection of wild plants of European protected species regulation 38(1) · Status not determined · Requires proof of a state of mind
Protection of wild plants of European protected species regulation 38(2) · Status not determined · Strict liability
False statements made for obtaining licence regulation 41(1) · Status not determined · Requires proof of a state of mind
False statements made for obtaining licence regulation 41(1)(b) · Status not determined · Requires proof of a state of mind
Enforcement of byelaws regulation 66(3)(a) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Draft Conservation (Natural Habitats Etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 Draft Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 Commons · General Committees · 4 March 2019 · Luke Pollard
I entirely agree. There is speed and pace to our considerations. In previous SI Committees, we have spoken about the importance of strong and robust pre-legislative scrutiny for such SIs. I have asked the Minister previously whether the particular SIs we were considering were part of the Department’s online reading room, which was made available to some stakeholders. She has suggested that those reading rooms are not suitable for parliamentarians to undertake pre-lay scrutiny of SIs. I would be grateful if she set out what stakeholder feedback, if any, was received about these two SIs in…
Draft Conservation (Natural Habitats Etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 Draft Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 Commons · General Committees · 4 March 2019 · Dr Coffey
The hon. Gentleman will be aware that the Good Friday agreement requires both countries to have regard to each other, to collaborate and to co-operate, but not, even now, to be identical in every aspect, although of course EU regulations apply directly to both. However, for example, directives can allow legislation to be written somewhat differently if it achieves the same outcome. I expect that that co-operation will continue, whether through the North South Ministerial Council or the British-Irish Council, a meeting of which I attended about 10 days ago. Lough Foyle and Carlingford Lough…
Draft Conservation (Natural Habitats Etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 Draft Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 Commons · General Committees · 4 March 2019 · Dr Coffey
It is a pleasure to serve under your chairmanship, Mr Hosie. These are the two affirmative statutory instruments in my portfolio that extend and apply solely to Northern Ireland. These regulations relate only to Northern Ireland and concern devolved areas of policy, which would normally be dealt with by the devolved Administration at Stormont. Another Committee of the House will debate regulations on habitats applicable to other parts of the UK later this week, and the second of the two regulations to which I am speaking has already been considered and passed by Parliament in regard to…

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