The Conservation (Natural Habitats, &c.) Regulations 1994
UK Statutory Instrument 1994 No. 2716 — creates 13 criminal offences.
- Made
- 20 October 1994
- In force from
- 30 October 1994
- Extent
- Not stated
- Subject
- Dogs, animals, hunting and wildlife
- 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 7 to 15 make provision for the selection, registration and notification of sites to be protected under the Directive (“European sites”); regulations 16 and 17 make provision for management agreements for European sites; regulations 18 to 27 make provision in respect of European sites for the control of damaging operations and for special nature conservation orders; regulations 28 to 32 make provision for byelaws and compulsory purchase orders as respects European sites; and regulations 33 to 36 make special provision for the protection of European marine sites. Part III provides for the protection of certain wild animals and plants and in particular– regulation 39 makes it an offence, subject to certain exceptions, deliberately to capture, kill or disturb those animals or to trade in them; and regulation 43 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 48, 49 and 54 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 the European site would be adversely affected; regulations 50 and 51 and 55 to 58 require planning permissions granted before the date on which a site becomes a European site (or if later, the commencement of these Regulations) to be reviewed and in certain circumstances revoked where the integrity of the site would be adversely affected. Equivalent provision for the requirement to consider the effect on a European site and for review is made as respects the construction or improvement of highways, roads or cycle tracks (regulations 69 and 70), consents under the Electricity Act 1989 (regulations 71 to 74), authorisations under the Pipe–lines Act 1962 (regulations 75 to 78), orders under the Transport and Works Act 1992 (regulations 79 to 82), authorisations and licences under the Environmental Protection Act 1990 (regulations 83 and 84) and discharge consents under water pollution legislation (regulation 85). Regulations 60 to 67 make special provision as respects general and special development orders, simplified planning zones and enterprise zones.
Offences created by this instrument
- A person who attempts to commit an offence under Part III of these Regulations is guilty of an offence and punishable… regulation 100(1) · Status not determined · Strict liability
- A person who, for the purposes of committing an offence under Part III of these Regulations, has in his possession… regulation 100(2) · Status not determined · Strict liability
- Restriction on carrying out operations specified in notification regulation 19(3) · Status not determined · Strict liability
- Restriction on carrying out operations specified in order regulation 23(3) · Status not determined · Strict liability
- Restoration where order contravened regulation 26(5) · Status not determined · Strict liability
- Protection of wild animals of European protected species regulation 39(1) · Status not determined · Requires proof of a state of mind
- Protection of wild animals of European protected species regulation 39(2) · Status not determined · Strict liability
- Prohibition of certain methods of taking or killing wild animals regulation 41(2) · Status not determined · Strict liability
- Protection of wild plants of European protected species regulation 43(1) · Status not determined · Requires proof of a state of mind
- Protection of wild plants of European protected species regulation 43(2) · Status not determined · Strict liability
- False statements made for obtaining licence regulation 46(1) · Status not determined · Requires proof of a state of mind
- Powers of entry regulation 90(3) · Status not determined · Requires proof of a state of mind
- Powers of entry regulation 95(4) · Status not determined · Requires proof of a state of mind
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.
- Conservation (Natural Habitats, &C) Regulations 1994 Lords · Lords Chamber · 17 October 1994
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 1994