The Conservation of Habitats and Species Regulations 2017

• Citation: S.I. 2017/1012
• Sections: 248

Section 1 Citation and commencement

(1) These Regulations may be cited as the Conservation of Habitats and Species Regulations 2017.

(2) These Regulations come into force on 30th November 2017.

Section 2 Extent

(1) Except as provided in this regulation, these Regulations extend to England and Wales only.

(2) The following provisions also extend to Scotland—

(a) regulation 3(8) (meaning of adjacent sea);

(b) regulations 9 and 10 (duties relating to compliance with the Directive and wild bird habitat, respectively), in so far as those regulations apply in relation to the exercise of a function which relates to a reserved matter (within the meaning of Schedule 5 to the Scotland Act 1998 (reserved matters) );

(c) regulation 41(4) (national policy statement under Planning Act 2008 );

(d) Chapter 1 of Part 6 (assessment of plans and projects: general provisions), in so far as that Chapter applies in relation to plans and projects—

(i) which do not relate to a matter specified in Chapters 2 to 9 of that Part, and

(ii) which relate to a reserved matter (within the meaning of Schedule 5 to the Scotland Act 1998);

(e) in regulation 70 (grant of planning permission)—

(i) paragraph (1)(e)(ii) and (iii) (deemed grant of planning permission under section 57(2) and (2A) of the Town and Country Planning (Scotland) Act 1997 and section 5(1) of the Pipe-lines Act 1962 );

(ii) paragraph 1(f) (variation of permission deemed to be granted under section 57(2) of the Town and Country Planning (Scotland) Act 1997), in so far as that paragraph relates to a direction under section 57(2ZA) of the Town and Country Planning (Scotland) Act 1997 (development with government authorisation) ; and

(iii) paragraph (2) in so far as that paragraph relates to sub-paragraph (1)(e)(ii) or (iii), or (1)(f) of that regulation;

(f) in regulation 71 (planning permission: duty to review), in paragraph (4)—

(i) sub-paragraph (b);

(ii) sub-paragraph (d) in so far as that sub-paragraph relates to a direction under section 57(2) of the Town and Country Planning (Scotland) Act 1997;

(iii) sub-paragraph (e) in so far as that sub-paragraph relates to a direction under section 57(2ZA) of the Town and Country Planning (Scotland) Act 1997;

and paragraph (3) in so far as it relates to directions specified in those sub-paragraphs;

(g) regulations 84, 85 and 86(2) (development consent under Planning Act 2008);

(h) Chapter 4 of Part 6 (electricity);

(i) Chapter 5 of Part 6 (pipe-lines);

(j) regulation 103 (marine works) in so far as it applies to the granting of a licence under Part 2 of the Food and Environment Protection Act 1985 ;

(k) regulation 110 (national policy statements under Planning Act 2008), and regulations 105, 107 and 109 in so far as they apply in relation to a national policy statement by virtue of regulation 110;

(l) regulation 112 (marine policy statement), in so far as it applies in relation to the exercise of any power by the Secretary of State, and regulations 105, 107 and 109 in so far as they apply to marine policy statements by virtue of regulation 112; and

(m) in Part 1 of Schedule 6 (consequential amendments to primary legislation)—

(i) sub-paragraphs (2) and (4) of paragraph 8 (amendment of section 123 of the Marine Act); and

(ii) sub-paragraph (1) of paragraph 8 in so far as it relates to sub-paragraph (2) and (4);

and regulation 139 in so far as it relates to those provisions.

(3) The following provisions also extend to Scotland in so far as they have effect in relation to the provisions specified in paragraph (2)—

(a) regulations 1 (citation and commencement), 2 (extent), 3 (interpretation), 5 (nature conservation bodies), 7 (competent authorities) and 8 (European sites and European marine sites);

(b) Chapter 1 of Part 6 (assessment of plans and projects); and

(c) regulations 134, 135(3) and 138 (advisory role of the Joint Nature Conservation Committee, advisory role of Scottish Natural Heritage, notices, respectively).

(4) The following provisions also extend to Northern Ireland—

(a) regulations 9 and 10, in so far as those regulations apply in relation to the exercise of a function which relates to an excepted matter (within the meaning given by section 4(1) of the Northern Ireland Act 1998 );

(b) Chapter 1 of Part 6, in so far as that Chapter applies in relation to plans and projects—

(i) which do not relate to a matter specified in Chapters 2 to 9 of that Part; and

(ii) which relate to an excepted matter (within the meaning given by section 4(1) of the Northern Ireland Act 1998);

(c) regulation 103, in so far as it applies in relation to a marine licence under Part 4 of the Marine Act in respect of anything done in the course of carrying on an activity which relates to a matter which is an excepted matter by virtue of paragraph 4 of Schedule 2 to the Northern Ireland Act 1998 (defence of the realm etc.);

(d) regulation 112, in so far as it applies in relation to the exercise of any power by the Secretary of State, and regulations 105, 107 and 109 in so far as they apply to marine policy statements by virtue of regulation 112; and

(e) in Part 1 of Schedule 6—

(i) sub-paragraphs (2) and (4) of paragraph 8;

(ii) sub-paragraph (1) of paragraph 8 in so far as it relates to sub-paragraphs (2) and (4);

and regulation 139 in so far as it relates to those provisions.

(5) This regulation and regulations 1, 3, 5, 7, 8, 134 and 138 also extend to Northern Ireland in so far as they have effect in relation to the provisions specified in paragraph (4).

(6) Chapter 1 of Part 6 also extends to Northern Ireland in so far as it has effect for the purposes of regulation 103, to the extent that that regulation extends to Northern Ireland by virtue of paragraph (4)(c).

(7) The amendment of any enactment by regulation 139 and Part 2 of Schedule 6 (consequential amendments to secondary legislation) has the same extent as the enactment amended.

(8) The revocation of any enactment by regulation 140 and Schedule 7 (revocations) has the same extent as the enactment revoked.

Section 3 Interpretation

(1) In these Regulations—

“ the 1949 Act ” means the National Parks and Access to the Countryside Act 1949 ;

“ the 2010 Regulations ” means the Conservation of Habitats and Species Regulations 2010 ;

“ the Offshore Marine Conservation Regulations ” means the Conservation of Offshore Marine Habitats and Species Regulations 2017 ;

“ the appropriate authority ” means the Secretary of State in relation to England and the Welsh Ministers in relation to Wales (but see modifications of the meaning of that term in regulations 9(4) and 10(12)(a), and modifications of references to that term in regulations 69(1)(b), (3)(c), (5) and (8)(b), 97(6), 110(3)(b) and 112(3)(c)), and any person exercising any function of the Secretary of State or the Welsh Ministers;

“ competent authority ” is to be construed in accordance with regulation 7 (competent authorities);

“ conservation ” has the meaning given by Article 1(a) of the Habitats Directive (definitions);

“conservation status” and “favourable conservation status” have the meanings given by paragraphs (e) (in relation to habitats) and (i) (in relation to species) of Article 1 of the Habitats Directive;

“ destroy ”, in relation to an egg, includes doing anything to the egg which is calculated to prevent it from hatching, and “ destruction ” is to be construed accordingly;

“ the devolved administrations ” means the Welsh Ministers, the Scottish Ministers, and, in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

“ the Directives ” means the Habitats Directive and the new Wild Birds Directive;

“ enactment ” includes a local enactment and an enactment contained in subordinate legislation, and “ subordinate legislation ” has the same meaning as in the Interpretation Act 1978 ;

“ English inshore region ” means the area of sea within the seaward limits of the territorial sea adjacent to England;

“ European marine site ” has the meaning given by regulation 8(3) (European sites and European marine sites);

“ European offshore marine site ” means a European offshore marine site within the meaning of regulation 18 of the Offshore Marine Conservation Regulations (meaning of European offshore marine site);

“ European site ” has the meaning given by regulation 8;

“ functions ” includes powers and duties;

“ the Habitats Directive ” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora ;

“ land ” includes land covered by water;

“ local planning authority ” means, except as otherwise provided, any authority having any function as a local planning authority or mineral planning authority under the TCPA 1990;

“ management agreement ” means an agreement made, or having effect as if made, under regulation 20 (management agreements);

“ the Marine Act ” means the Marine and Coastal Access Act 2009 ;

“ marine area ” means (subject to regulations 9(5) and 10(12)(b)) the English inshore region and the Welsh inshore region;

“the national site network” means the network of sites in the United Kingdom’s territory consisting of such sites as—

immediately before exit day formed part of Natura 2000; or

at any time on or after exit day are European sites, European marine sites and European offshore marine sites for the purposes of any of the retained transposing regulations;

“ Natura 2000 ” means the European network of special areas of conservation, and special protection areas under the old Wild Birds Directive or the new Wild Birds Directive, provided for by Article 3(1) of the Habitats Directive (network of special areas of conservation: Natura 2000) (but see paragraphs (10) and (11)) ;

“ natural habitats ” has the meaning given by Article 1(b) of the Habitats Directive;

“nature conservation body” and “appropriate nature conservation body” have the meaning given by regulation 5 (nature conservation bodies);

“ the new Wild Birds Directive ” means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds ;

“ Northern Ireland inshore region ” means the area of sea within the seaward limits of the territorial sea adjacent to Northern Ireland;

“officer”—

in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, and

in relation to an unincorporated body, means any member of its governing body or a chief executive, manager or other similar officer of the body;

“offshore marine area” has the meaning given by regulation 4(2) (Plans or projects relating to offshore marine area or offshore marine installations)

“ the old Wild Birds Directive ” means Council Directive 79/409/EEC on the conservation of wild birds ;

“ priority natural habitat types ” has the meaning given by Article 1(d) of the Habitats Directive;

“ priority species ” has the meaning given by Article 1(h) of the Habitats Directive;

“ relevant authorities ”, in relation to marine areas and European marine sites, is to be construed in accordance with regulation 6 (relevant authorities in relation to marine areas and European marine sites);

“ relevant licensing body ” has the meaning given by regulation 58 (relevant licensing body);

“the requirements of the Directives” is to be interpreted in accordance with paragraphs (3) and (4) of regulation 3A;

“ research ” includes inquiries and investigations;

“the retained transposing regulations”, means—

the Offshore Marine Conservation Regulations 2017 ;

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

the Conservation (Natural Habitats, &c.) Regulations 1994; and

these Regulations;

and “the other retained transposing regulations” means the retained transposing regulations other than these Regulations;

“ sample ” means a sample of blood, tissue or other biological material;

“ Scottish inshore region ” means the area of sea within the seaward limits of the territorial sea adjacent to Scotland;

“ sea ” includes—

any area submerged at mean high water spring tide, and

the waters of every estuary, river or channel, so far as the tide flows at mean high water spring tide,

and any reference to an area of sea includes the bed and subsoil of the sea within that area;

“ ship ” means any vessel (including hovercraft, submersible craft and other floating craft) other than one which permanently rests on, or is permanently attached to, the seabed;

“ site ” has the meaning given by Article 1(j) of the Habitats Directive;

“ site of Community importance ” has the meaning given by Article 1(k) of the Habitats Directive;

“ special area of conservation ” has the meaning given by Article 1(l) of the Habitats Directive , and includes any such site designated after exit day under the retained transposing regulations;

“specimen”—

for the purposes of Part 7 (enforcement), means any animal or plant, or any part of, or anything derived from, an animal or plant; and

for all other purposes has the meaning given by Article 1(m) of the Habitats Directive;

“ statutory undertaker ” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of Part 11 of the TCPA 1990 (statutory undertakers);

“ the TCPA 1990 ” means the Town and Country Planning Act 1990 ;

“the United Kingdom’s territory” means the United Kingdom and the offshore marine area;

“ the WCA 1981 ” means the Wildlife and Countryside Act 1981 ;

“ Welsh inshore region ” means the area of sea within the seaward limits of the territorial sea adjacent to Wales;

“ wild bird ” means a bird which is—

a member of a species referred to in Article 1 of the new Wild Birds Directive (scope of the Directive); and

wild.

(2) The area of sea referred to in sub-paragraph (a) of the definition of “sea” in paragraph (1) includes waters in any area—

(a) which is closed, whether permanently or intermittently, by a lock or other artificial means against the regular action of the tide, but

(b) into and from which seawater is caused or permitted to flow, whether continuously or from time to time.

(3) Terms not defined in paragraph (1) which are used in these Regulations and also in the Habitats Directive have the meaning they bear in that Directive.

(4) In these Regulations, any reference to an Annex to the Habitats Directive is a reference to that Annex to that Directive as it had effect immediately before exit day, or as subsequently amended under regulation 144 .

(5) Subject to regulation 86(1) (which relates to the construction of provisions of Chapter 2 of Part 6 as one with the TCPA 1990), these Regulations apply to the Isles of Scilly as if the Isles were a county and the Council of the Isles were a county council.

(6) Except as provided by paragraph (7), for the purposes of these Regulations—

(a) any reference to England includes the English inshore region;

(b) any reference to Wales includes the Welsh inshore region;

(c) any reference to Scotland includes the Scottish inshore region;

(d) any reference to Great Britain includes the English inshore region, the Welsh inshore region and the Scottish inshore region;

(e) any reference to Northern Ireland includes the Northern Ireland inshore region; and

(f) any reference to the United Kingdom includes its internal waters and the English inshore region, the Welsh inshore region, the Scottish inshore region and the Northern Ireland inshore region.

(7) Paragraph (6) does not apply for the purposes of—

(a) in paragraph (1), the definitions of “English inshore region”, “Welsh inshore region”, “Scottish inshore region” and “Northern Ireland inshore region”;

(b) paragraph (8); or

(c) sub-paragraph (b) of the definition of “offshore marine area” in regulation 4(2).

(8) For the purposes of these Regulations—

(a) the territorial sea adjacent to England is so much of the territorial sea adjacent to the United Kingdom as is not the territorial sea adjacent to Wales, the territorial sea adjacent to Scotland or the territorial sea adjacent to Northern Ireland;

(b) “ the territorial sea adjacent to Wales ” is to be construed in accordance with article 6 of and Schedule 3 to the National Assembly for Wales (Transfer of Functions) Order 1999 ;

(c) “ the territorial sea adjacent to Scotland ” is to be construed in accordance with article 3 of and Schedule 1 to the Scottish Adjacent Waters Boundaries Order 1999 ; and

(d) “ the territorial sea adjacent to Northern Ireland ” is to be construed in accordance with article 2 of the Adjacent Waters Boundaries (Northern Ireland) Order 2002 .

(9) Nothing in these Regulations is to be construed as excluding the application of the provisions of Part 1 of the WCA 1981 (wildlife) in relation to animals or plants also protected under Part 3, 4 or 5 of these Regulations.

(10) For the purposes of these Regulations, and any guidance issued before exit day by the appropriate authority or the appropriate nature conservation body, relating to the application of these Regulations, on or after exit day, references to “Natura 2000” (other than in this regulation) are to be construed as references to the national site network.

(11) Paragraph (10) does not affect the interpretation of these Regulations as they had effect, or any guidance as it applied, before exit day.

Section 3A Interpretation: the Directives

(1) The Habitats Directive is to be construed for the purposes of these Regulations as if—

(a) any reference to “the European territory of the Member States to which the Treaty applies” included a reference to the United Kingdom;

(b) any reference to “Member State” or “Member States” included a reference to the United Kingdom;

(c) any reference to “of Community interest” included, in relation to the United Kingdom, a reference to “of national interest”;

(d) in Article 1(d) and (h), references to “the Community” were references to “the European Union or the United Kingdom”; and

(e) in Article 1(l), the reference to “a site of Community importance designated by the Member State” included, in relation to the United Kingdom, a reference to a site of national importance designated under any of the retained transposing regulations.

(2) The new Wild Birds Directive is to be construed for the purposes of these Regulations as if—

(a) any reference to “the European territory of the Member States to which the Treaty applies” included a reference to the United Kingdom; and

(b) any reference to “Member State” or “Member States” included a reference to the United Kingdom.

(3) Any reference in these Regulations to “the requirements of the Directives” is to be construed as if the objectives of the Directives included the objectives referred to in regulation 16A(2).

(4) The appropriate authority may, after consultation with the appropriate nature conservation body and such other bodies or persons as it considers appropriate, issue guidance as to the interpretation of the requirements of the Directives.

(5) Any guidance issued under paragraph (4) must be published by the appropriate authority in such manner as it considers appropriate.

Section 4 Plans or projects relating to offshore marine area or offshore marine installations

(1) Nothing in these Regulations requires an appropriate assessment of any plan or project so far as that plan or project is to be carried out on, in or in relation to any part of the sea in the offshore marine area, or on or in relation to an offshore marine installation.

(2) In paragraph (1)—

“ offshore marine area ” means—

any part of the seabed and subsoil situated in any area designated under section 1(7) of the Continental Shelf Act 1964 (exploration and exploitation of continental shelf) ; and

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);

“ offshore marine installation ” means any artificial island, installation or structure (other than a ship) which is situated—

in any part of the waters in any area designated under section 1(7) of the Continental Shelf Act 1964; or

in any part of the waters in any area designated under section 84(4) of the Energy Act 2004 (exploitation of areas outside the territorial sea for energy production) .

Section 5 Nature conservation bodies

(1) Except as provided by paragraphs (2) to (4), in these Regulations—

(a) “ nature conservation body ” means Natural England or the Natural Resources Body for Wales; and

(b) “ the appropriate nature conservation body ” means—

(i) Natural England, in relation to England; or

(ii) the Natural Resources Body for Wales, in relation to Wales.

(2) In regulations 50 and 52, “ nature conservation body ” means Natural England, the Natural Resources Body for Wales or the Joint Nature Conservation Committee .

(3) In a provision of Part 6 which extends to England and Wales only, “ the appropriate nature conservation body ” means—

(a) in relation to an effect on a European offshore marine site, the Joint Nature Conservation Committee; and

(b) otherwise—

(i) in relation to England, Natural England; and

(ii) in relation to Wales, the Natural Resources Body for Wales.

(4) In a provision of Part 6 which extends to Scotland or Northern Ireland, “ the appropriate nature conservation body ” means—

(a) in relation to an effect on a European offshore marine site, the Joint Nature Conservation Committee; and

(b) otherwise—

(i) in relation to England, Natural England;

(ii) in relation to Wales, the Natural Resources Body for Wales;

(iii) in relation to Scotland, Scottish Natural Heritage; and

(iv) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

Section 6 Relevant authorities in relation to marine areas and European marine sites

For the purposes of these Regulations, the relevant authorities, in relation to a marine area or European marine site, are such of the following as have functions in relation to land or waters within or adjacent to that area or site—

(a) a nature conservation body;

(b) a county council, county borough council, district council or London borough council;

(c) the Environment Agency;

(d) the Marine Management Organisation;

(e) a water undertaker or sewerage undertaker, or an internal drainage board;

(f) a navigation authority within the meaning of the Water Resources Act 1991 ;

(g) a harbour authority within the meaning of the Harbours Act 1964 ;

(h) a lighthouse authority;

(i) an inshore fisheries and conservation authority established under Part 6 of the Marine Act (management of inshore fisheries);

(j) the River Tweed Commission ; and

(k) a National Park authority.

Section 7 Competent authorities

(1) For the purposes of these Regulations, “ competent authority ” includes—

(a) any Minister of the Crown (as defined in the Ministers of the Crown Act 1975 ), government department, statutory undertaker, public body of any description or person holding a public office;

(b) the Welsh Ministers; ...

(c) any person exercising any function of a person mentioned in sub-paragraph (a) or (b) ; and

(d) an examining authority appointed under section 40 of the Infrastructure (Wales) Act 2024.

(2) In the following provisions (and as provided in regulation 69(3)(a)), “ competent authority ” includes the Scottish Ministers—

(a) regulation 70(2), in so far as that paragraph relates to a deemed grant of planning permission under—

(i) section 57(2), (2A) and (2ZA) of the Town and Country Planning (Scotland) Act 1997 , to which regulation 70(1)(e)(ii) and (f) relate; or

(ii) section 5(1) of the Pipe-lines Act 1962 , to which regulation 70(1)(e)(iii) relates;

(b) Chapters 4 and 5 of Part 6.

(3) In paragraph (1)—

“ public body ” includes—

the Broads Authority ;

a joint planning board within the meaning of section 2 of the TCPA 1990 (joint planning boards) ;

a joint committee appointed under section 102(1)(b) of the Local Government Act 1972 (appointment of committees) ;

a National Park authority; or

a local authority, which in this regulation means—

in relation to England, a county council, a district council, a parish council, a London borough council, the Common Council of the City of London, the sub-treasurer of the Inner Temple or the under treasurer of the Middle Temple;

in relation to Wales, a county council, a county borough council or a community council;

“ public office ” means—

an office under the Crown,

an office created or continued in existence by a public general Act or by legislation passed by the National Assembly for Wales, or

an office the remuneration in respect of which is paid out of money provided by Parliament or the National Assembly for Wales.

Section 8 European sites and European marine sites

(1) Subject to paragraph (2), in these Regulations a “ European site ” means—

(a) a special area of conservation;

(b) a site of Community importance which has been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive (list of sites of Community importance) before exit day ;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) an area classified before exit day pursuant to Article 4(1) or (2) of the old Wild Birds Directive or the new Wild Birds Directive (classification of special protection areas) or classified after exit day under the retained transposing regulations ; or

(e) a site which before exit day has been proposed to the European Commission in accordance with Article 4(1) of the Habitats Directive , until such time as—

(i) the site is designated as a special area of conservation under regulation 12 or under a corresponding provision in the other retained transposing regulations; or

(ii) the appropriate authority gives the appropriate nature conservation body notice of its intention not to designate the site, setting out the reasons for its decision, in accordance with regulation 141A(3).

(2) In these Regulations, a reference to a European site—

(a) in Part 6, is a reference to a European site in the United Kingdom; and

(b) in any other provision of these Regulations, except where otherwise indicated, is a reference to a European site in England or Wales.

(3) In these Regulations a “ European marine site ” means a European site so far as consisting of marine areas.

Section 9 Duties relating to compliance with the Directives

(1) The appropriate authority, the nature conservation bodies and, in relation to the marine area, a competent authority must exercise their functions which are relevant to nature conservation, including marine conservation, so as to secure compliance with the requirements of the Directives.

(2) Paragraph (1) applies, in particular, to functions under these Regulations and functions under the following enactments—

(a) the Dockyard Ports Regulation Act 1865 ;

(b) section 2(2) of the Military Lands Act 1900 (provision as to byelaws relating to the sea, tidal water or shore) ;

(c) Part 3 of the 1949 Act (nature conservation);

(d) the Harbours Act 1964;

(e) section 15 of the Countryside Act 1968 (areas of special scientific interest) ;

(f) Part 2 of the Control of Pollution Act 1974 (pollution of water) ;

(g) Part 1 (wildlife) and sections 28 to 28S and 31 to 35A of the WCA 1981 (which relate to sites of special scientific interest) ;

(h) the Water Resources Act 1991;

(i) the Land Drainage Act 1991 ;

(j) the Sea Fisheries Acts within the meaning of section 1 of the Sea Fisheries (Wildlife Conservation) Act 1992 (conservation in the exercise of sea fisheries functions) ;

(k) the Natural Environment and Rural Communities Act 2006 ;

(l) the Planning Act 2008;

(m) the Marine Act, in particular any functions under Parts 3, 4, 5 and 6 of that Act (marine planning, marine licensing, nature conservation and management of inshore fisheries, respectively); ...

(n) the Natural Resources Body for Wales (Establishment) Order 2012 , where the functions are exercised for purposes related to nature conservation ; and

(o) the Infrastructure (Wales) Act 2024.

(2A) Paragraph (1) does not apply to functions exercisable under or by virtue of Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery).

(3) Without prejudice to the preceding provisions, a competent authority, in exercising any of its functions, must have regard to the requirements of the Directives so far as they may be affected by the exercise of those functions.

(3A) Paragraph (3) does not apply to functions exercised by a competent authority in connection with an environmental delivery plan within the meaning of Part 3 of the Planning and Infrastructure Act 2025.

(4) The reference in paragraph (1) to the appropriate authority—

(a) to the extent that that paragraph applies in relation to Scotland, includes the Secretary of State exercising functions in relation to Scotland; and

(b) to the extent that that paragraph applies in relation to Northern Ireland, includes the Secretary of State exercising functions in relation to Northern Ireland.

(4A) In complying with their duties under paragraphs (1) and (3), the nature conservation body and a competent authority must have regard to any guidance issued under regulation 3A(4)—

(a) by the Secretary of State, in relation to England; or

(b) by the Welsh Ministers, in relation to Wales.

(5) In paragraph (1), “ marine area ” includes—

(a) the Northern Ireland inshore region; and

(b) the Scottish inshore region.

Section 9A Reports

(1) Within six years from exit day, and at least every six years thereafter, the appropriate authority must publish, in such form as it sees fit, a report on the implementation of the measures taken for the purpose of giving effect to the provisions of the Directives, and the achievement of the objectives set out in Article 2 of the Habitats Directive and Articles 2 and 3 of the new Wild Birds Directive.

(2) The report under paragraph (1) must include in particular—

(a) information concerning conservation measures taken under Article 6(1) of the Habitats Directive;

(b) information on provisions mentioned in Article 12 of the new Wild Birds Directive;

(c) an evaluation of the impact of those conservation measures on the conservation status of the natural habitat types listed in Annex I of the Habitats Directive, and of the species listed in Annex II of that Directive; and

(d) the main results of the surveillance undertaken under Part 4 of these Regulations.

(3) Within, two years from the later of the date of publication of the last of the reports to be published—

(a) under paragraph (1); or

(b) within the relevant six-year period under any corresponding requirement of the other retained transposing regulations.

the Secretary of State must, publish a composite report.

(4) A composite report published under paragraph (3) must—

(a) be in such form as the Secretary of State sees fit;

(b) include an appropriate evaluation of the progress achieved and, in particular, of the contribution of the national site network to the achievement of the objective of enabling the natural habitat types listed in Annex I to the Habitats Directive, and the species listed in Annex II to that Directive, to be maintained at or, where appropriate, restored to, a favourable conservation status in their natural range; and

(c) be submitted in draft to the devolved administrations for verification.

Section 10 Duties in relation to wild bird habitat

(1) Without prejudice to regulation 9(1), the appropriate authority, the nature conservation bodies and, in relation to the marine area, a competent authority must take such steps in the exercise of their functions as they consider appropriate to secure the objective in paragraph (3), so far as lies within their powers.

(2) Except in relation to the marine area, the Environment Agency, the Forestry Commissioners , local authorities, the Broads Authority and National Park authorities must take such steps in the exercise of their functions as they consider appropriate to contribute to the achievement of the objective in paragraph (3).

(3) The objective is the preservation, maintenance and re-establishment of a sufficient diversity and area of habitat for wild birds in the United Kingdom, including by means of the upkeep, management and creation of such habitat, as appropriate, having regard to the requirements of Article 2 of the new Wild Birds Directive (measures to maintain the population of bird species).

(4) Paragraph (1) applies, in particular, to—

(a) functions under these Regulations;

(b) functions under the following enactments—

(i) sections 17, 18, 20 and 21(6) of the 1949 Act (nature reserves) ;

(ii) section 7 of the Natural Environment and Rural Communities Act 2006 (management agreements);

(iii) Parts 3, 4, 5 and 6 of the Marine Act (marine planning, marine licensing, nature conservation and management of inshore fisheries, respectively);

(c) any function exercisable in relation to town and country planning.

(5) Paragraph (2) applies, in particular, to—

(a) functions under these Regulations;

(b) functions under the following enactments—

(i) sections 21 and 90 of the 1949 Act (nature reserves and local authority byelaws, respectively) ;

(ii) sections 3 and 10 of the Forestry Act 1967 (management of forestry land, and applications for felling licence and decision of Commissioners thereon, respectively) ;

(iii) sections 3 and 6 of the Norfolk and Suffolk Broads Act 1988 (the Broads Plan and byelaws, respectively) ;

(iv) section 66 of the Environment Act 1995 (National Park Management Plans) ;

(v) sections 38 and 39 of the Flood and Water Management Act 2010 (which relate to incidental flooding or coastal erosion) ;

(c) any function exercisable in relation to town and country planning.

(6) In section 123(3)(a) of the Marine Act (creation of network of conservation sites), as it applies in relation to the marine area , the reference to “ the conservation or improvement of the marine environment ” includes the objective in paragraph (3), and accordingly the duty in section 124 of the Marine Act (report) applies in relation to that objective.

(7) In considering which measures may be appropriate for the purpose of securing or contributing to the objective in paragraph (3), appropriate account must be taken of economic and recreational requirements.

(8) So far as lies within its powers, a competent authority in exercising any function in or in relation to the United Kingdom must use all reasonable endeavours to avoid any pollution or deterioration of habitats of wild birds (except habitats beyond the outer limits of the seaward limits of the offshore marine area (as defined in regulation 4(2) ).

(9) The appropriate authority must take any steps it considers necessary to facilitate or co-ordinate arrangements to secure the taking of steps under paragraphs (1) and (2) by the bodies mentioned in those paragraphs.

(10) After consultation with the appropriate nature conservation body, the appropriate authority must give guidance to the Environment Agency, the Forestry Commissioners, the Natural Resources Body for Wales, local authorities, the Broads Authority, National Park authorities and any other competent authority it considers appropriate—

(a) to facilitate the determination by those bodies of the extent to which the diversity and area of habitat for wild birds is sufficient; and

(b) on the steps that it may be appropriate to take under paragraph (1) or (2).

(11) In exercising a function to which paragraph (1) or (2) applies, a body to which guidance has been given under paragraph (10) must have regard to that guidance.

(12) In this regulation—

(a) references in paragraphs (1), (9) and (10) to the appropriate authority—

(i) to the extent that this regulation applies in relation to Scotland, include the Secretary of State exercising functions in relation to Scotland; and

(ii) to the extent that this regulation applies in relation to Northern Ireland, include the Secretary of State exercising functions in relation to Northern Ireland;

(b) in paragraphs (1) and (2), “ marine area ” includes—

(i) the Northern Ireland inshore region; and

(ii) the Scottish inshore region; and

(c) “ local authority ” has the same meaning as in regulation 7.

Section 11 Review by appropriate nature conservation body

(1) The appropriate nature conservation body must, from time to time—

(a) review the extent to which the objective in regulation 10(3) has been met, other than in relation to the marine area;

(b) set out the conclusions of the review in a report, including any recommendations for further action; and

(c) send the report to the appropriate authority.

(2) In carrying out the review, the nature conservation bodies must, so far as is reasonable, take account of any measures taken which contribute to the achievement of that objective, whether or not taken pursuant to a requirement imposed by any enactment.

(3) The nature conservation bodies may act together to fulfil the duty under paragraph (1).

Section 12 Duty to designate special areas of conservation

(1) The appropriate authority must, having regard to the priorities established under regulation 13, designate as special areas of conservation such sites in England and Wales as the authority considers to be sites of national importance.

(2) Sites of national importance are sites which contribute significantly to the objective in paragraph (3)(a) or the objective in paragraph (3)(b).

(3) The objectives referred to in paragraph (2) are—

(a) the maintenance, or restoration, at favourable conservation status in their natural range of the natural habitat types listed in Annex I to the Habitats Directive or the species listed in Annex II to that Directive; and

(b) the maintenance of biological diversity within the Atlantic biogeographic region.

(4) For animal species ranging over wide areas, those sites determined to be of national importance must correspond to places within the natural range of such species, which present the physical or biological factors essential to their life and reproduction.

(5) For aquatic species which range over wide areas, such sites are to be determined to be of national importance only where there is a clearly identifiable area which is distinct in providing the physical and biological factors essential to their life and reproduction.

(6) In determining which sites are of national importance for the purposes of paragraph (1), the appropriate authority must—

(a) apply the Annex III criteria;

(b) make its determination only on the basis of relevant scientific information; and

(c) have regard to the importance of the population of a species or area of a habitat found in the United Kingdom for the purpose of meeting the objectives in paragraph (3).

(7) For the purposes of paragraph (6)(a), the Annex III criteria are to be construed as if—

(a) for “Community importance” there were substituted “national importance”;

(b) a reference to a “Member State” is to be taken to be a reference to the appropriate authority;

(b) for “continuous ecosystem situated on both sides of one or more internal Community frontiers” there were substituted “continuous ecosystem extending beyond the borders of the United Kingdom”; and

(c) for “the biogeographical regions concerned and/or for the whole of the territory referred to in Article 2” there were substituted “the Atlantic biogeographical region””.

(8) In applying the Annex III criteria, the appropriate authority must—

(a) in relation to the application of stage 1 of the Annex III criteria, have regard to the advice of the appropriate nature conservation body; and

(b) in relation to the application of stage 2 of the Annex III criteria, have regard to the advice of the Joint Nature Conservation Committee.

(9) In this regulation, “the Annex III criteria” means the criteria set out in Annex III to the Habitats Directive.

Section 13 Priorities for designating special areas of conservation

(1) The appropriate authority must, in accordance with paragraph (2), establish priorities for designating as special areas of conservation such sites as it has determined to be sites of national importance.

(2) Priorities for the purpose of paragraph (1) must be established in the light of—

(a) the importance of the sites for the maintenance at or restoration to a favourable conservation status of—

(i) a natural habitat type specified in Annex I to the Habitats Directive; or

(ii) a species specified in Annex II to the Habitats Directive;

(b) the importance of such sites for the coherence of the national site network; and

(c) the threats of degradation or destruction to which the sites are exposed.

Section 14 Consultation as to inclusion of site omitted from the list

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 15 Classification of sites as special protection areas

(1) The appropriate authority must classify as special protection areas such sites in England and Wales as the authority considers necessary to ensure that the objective in paragraph (2) is met.

(2) The objective referred to in paragraph (1) is that those sites across the United Kingdom's territory which are most suitable in number and size for—

(a) the conservation of the species listed in Annex 1 to the new Wild Birds Directive which naturally occur in that territory, and

(b) the conservation of regularly occurring migratory species of birds not listed in Annex 1 which naturally occur in that territory,

are classified as special protection areas.

(3) The appropriate authority must make a decision as to the sites to be classified for the purpose mentioned in paragraph (1) only on the basis of relevant scientific information and—

(a) in the case of a site to be classified for the purpose mentioned in paragraph (2)(a), on the basis of the criteria set out in Article 4(1) of the new Wild Birds Directive (classification of special protection areas); and

(b) in the case of a site to be classified for the purpose mentioned in paragraph (2)(b), on the basis of the criteria set out in Article 4(2) of the new Wild Birds Directive.

(4) In applying the criteria referred to in sub-paragraphs (3)(a) and (b) in relation to any species, references in Articles 4(1) and (2) of the new Wild Birds Directive to classifying the most suitable territories “in the geographical sea and land area where this Directive applies” are to be construed as referring to the most suitable territories in the United Kingdom’s territory, having regard to the importance of such territories for ensuring the survival and reproduction of that species in their area of distribution

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 16 Notification of a proposal to classify a special protection area

(1) If the appropriate authority proposes to classify a site as a special protection area under regulation 15, the authority must give to the appropriate nature conservation body—

(a) notice of that proposal; and

(b) an accompanying statement of the reasons for that proposal.

(2) Where the appropriate nature conservation body is given notice of a proposal under paragraph (1), the body must give notice of that proposal and provide a copy of the appropriate authority's statement of reasons for that proposal to—

(a) any of the following who in its opinion ought to be notified—

(i) competent authorities which exercise functions in relation to the site;

(ii) competent authorities which exercise functions in relation to an area adjacent to the site; and

(iii) every owner and occupier of the site;

(b) such other persons as in its opinion ought to be notified; and

(c) such other persons as the appropriate authority directs.

(3) A notice under paragraph (2) must specify the date (being not less than 12 weeks from the date of the giving of the notice) by which representations with respect to the proposal may be made to the appropriate nature conservation body.

(4) The appropriate nature conservation body must provide to the appropriate authority a report describing the representations duly made, if any, that it received about the proposal, or, where no such representations have been received, stating that fact.

(5) The appropriate authority must consider the report provided under paragraph (4).

(6) The appropriate authority may issue guidance to the appropriate nature conservation body for the purposes of its functions under this regulation, and the appropriate nature conservation body must have regard to that guidance in discharging any of those functions.

(7) The appropriate authority may vary or revoke a direction under paragraph (2)(c).

Section 16A Management objectives of the national site network

(1) The appropriate authority must, in co-operation with any other authority having a corresponding responsibility, manage, and where necessary adapt, the national site network, so far as it consists of European sites, with a view to contributing to the achievement of the management objectives of the national site network.

(2) The management objectives of the national site network are—

(a) to maintain at, or where appropriate restore to, a favourable conservation status in their natural range (so far as it lies in the United Kingdom’s territory, and so far as is proportionate)—

(i) the natural habitat types listed in Annex I to the Habitats Directive;

(ii) the species listed in Annex II to that Directive whose natural range includes any part of the United Kingdom’s territory;

(b) to contribute, in their area of distribution, to ensuring the survival and reproduction of—

(i) the species of birds listed in Annex I to the new Wild Birds Directive which naturally occur in the United Kingdom’s territory;

(ii) regularly occurring migratory species of birds not listed in that Annex which naturally occur in the United Kingdom’s territory;

(c) to contribute, to securing compliance with the requirements of Article 2 of the new Wild Birds Directive for the purposes of the duty in regulation 9(1) in relation to the species of birds in paragraph (b) within their area of distribution.

(3) In complying with the obligation in paragraph (1), the appropriate authority must have regard—

(a) in relation to any European sites which are not of a kind mentioned in regulation 8(1)(d), to the considerations mentioned in paragraph (4);

(b) in relation to European sites of a kind mentioned in regulation 8(1)(d), to the considerations mentioned in paragraph (5).

(4) The considerations mentioned in paragraph (3)(a) are—

(a) the importance of the sites for meeting the objective in paragraph (2)(a);

(b) the importance of the sites for the coherence of national site network;

(c) the threats of degradation or destruction (including deterioration and disturbance of protected features) to which the sites are exposed.

(5) The considerations mentioned in paragraph (3)(b) are—

(a) the importance of the sites for meeting the objectives in paragraph 2(b) and (c);

(b) in the case of migratory species, the importance of their breeding, moulting and wintering areas and staging points along their migration routes;

(c) the importance of the sites for the coherence of national site network;

(d) the threats of degradation or destruction (including deterioration and disturbance of protected features) to which the sites are exposed.

(6) In paragraph (2)(a), “proportionate” means proportionate to the relative importance of—

(a) the part of the natural range lying in the United Kingdom’s territory, and

(b) the part of the natural range lying outside the United Kingdom’s territory,

for achieving a favourable conservation status.

Section 17 Register of European sites

(1) A register of European sites, in an appropriate format, must be compiled and maintained by—

(a) the Secretary of State, in relation to European sites in England; and

(b) the Welsh Ministers, in relation to European sites in Wales.

(2) The registers must include—

(a) special areas of conservation, as soon as they are designated by the appropriate authority;

(b) sites of Community importance which before exit day were placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive, until they are designated as special areas of conservation;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) areas classified pursuant to Article 4(1) or (2) of the old Wild Birds Directive or the new Wild Birds Directive, as soon as they are classified by the appropriate authority; and

(e) any site which has been proposed to the European Commission before exit day until such time as regulation 8(1)(e)(i) or (ii) applies.

(3) The appropriate authority, in relation to the register for which that authority is responsible—

(a) may amend any entry;

(b) must remove any entry relating to a site which is no longer a European site; and

(c) must keep a copy available for public inspection at all reasonable hours and free of charge.

(4) An entry in the register in respect of a European site other than a European marine site is a local land charge.

Section 18 Notification of changes to the register

(1) As soon as possible after including a European site in the register or amending an entry in the register, the appropriate authority must notify the appropriate nature conservation body and send to that body a copy of the new or amended entry.

(2) As soon as possible after removing an entry from the register, the appropriate authority must notify the appropriate nature conservation body.

(3) The nature conservation bodies must keep a copy of the register entries relating to European sites in their area available for public inspection at all reasonable hours and free of charge.

(4) In this regulation, and in regulation 19, “ the register ” means the register of European sites provided for by regulation 17.

Section 19 Notice to landowners and other bodies

(1) As soon as practicable after a nature conservation body receives notification under regulation 18 in relation to a European site, it must give notice to—

(a) every owner or occupier of land within that site;

(b) every local planning authority in whose area that site, or any part of it, is situated;

(c) the Marine Management Organisation, if that site is a European marine site; and

(d) such other persons as the appropriate authority may direct.

(2) Where, under paragraph (1), a nature conservation body gives notice to a person that a site has been included in the register, or that a register entry relating to a site has been amended, the nature conservation body must provide that person with a copy of the register entry.

(3) In paragraph (2), the register entry a copy of which must be provided to the person mentioned in that paragraph—

(a) in the case of notice given under paragraph (1)(a), is the register entry (or that part of an entry) which relates to the land owned or occupied by that person; and

(b) in the case of notice given under paragraph (1)(b), is the register entry (or that part of an entry) which relates to the land within that person's area.

(4) The appropriate authority may give directions as to the form and content of notices under this regulation.

Section 20 Management agreements

(1) The appropriate nature conservation body may, for the purposes specified in paragraph (2), make an agreement (a “management agreement”) with a person who has an interest in—

(a) land which forms part of a European site, or

(b) land adjacent to such a site,

about the management or use of the land.

(2) A management agreement may be made for the purposes of the management, conservation, restoration or protection of the site, or any part of it.

(3) A management agreement may, in particular—

(a) impose on the person who has an interest in the land obligations in respect of the use of the land;

(b) impose on the person who has an interest in the land restrictions on the exercise of rights over the land;

(c) provide for the carrying out of such work as may be expedient for the purposes of the agreement by any person or persons;

(d) provide for any matter for which a management scheme relating to a site of special scientific interest provides (or could provide);

(e) provide for the making of payments by either party to the other party or to any other person;

(f) contain incidental and consequential provision.

(4) A management agreement is, unless the agreement otherwise provides—

(a) binding on persons deriving title under or from the person with whom the appropriate nature conservation body makes the agreement; and

(b) enforceable by the appropriate nature conservation body against those persons.

(5) Paragraphs 1 to 3 of Schedule 2 to the Forestry Act 1967 (which makes provision for certain persons to enter into forestry dedication covenants) apply to management agreements as they apply to forestry dedication covenants.

(6) In this regulation—

“ interest in land ” has the same meaning as in the 1949 Act; and

“ management scheme ” and “ site of special scientific interest ” have the same meanings as in Part 2 of the WCA 1981 (nature conservation, countryside and national parks).

Section 21 Existing agreements

(1) For the purposes of these Regulations, any agreement made before 30th November 2017 in relation to land in England or Wales which on or after that date becomes land within a European site, or adjacent to such a site, being an agreement made under—

(a) section 16 of the 1949 Act (agreements for management of nature reserves) ,

(b) section 15 of the Countryside Act 1968 (areas of special scientific interest) , or

(c) section 7 of the Natural Environment and Rural Communities Act 2006 (management agreements) ,

has effect as from the date on which the land becomes land within a European site as if it were a management agreement entered into by Natural England or the Natural Resources Body for Wales (as the case may be) under regulation 20.

(2) Any other thing done or deemed to have been done under—

(a) any provision of Part 3 of the 1949 Act (nature conservation), or Part 6 of that Act (general, financial and supplementary) so far as it applies for the purposes of Part 3, or

(b) section 15 of the Countryside Act 1968,

in respect of any land prior to that land becoming land within a European site, or adjacent to such a site, continues to have effect as if done under the corresponding provision of these Regulations.

(3) Any reference in a relevant enactment to a nature reserve within the meaning of section 15 of the 1949 Act (meaning of “nature reserve”) is to be construed as including a reference to a European site.

(4) In paragraph (3), “ relevant enactment ” means an enactment not contained in, or in an instrument made under, the 1949 Act or the WCA 1981.

Section 22 Certain payments under management agreements

(1) This regulation applies where the appropriate nature conservation body offers to enter into a management agreement providing for the making of payments by it to—

(a) a person who has given notice under section 28E(1)(a) of the WCA 1981 (duties in relation to sites of special scientific interest) or regulation 28(5)(a)(ii) or (b); or

(b) a person whose application for a farm capital grant within the meaning of regulation 26 has been refused in consequence of an objection by that body.

(2) Subject to paragraph (3), such payments must be of such amounts as may be determined by the appropriate nature conservation body in accordance with guidance given by the appropriate authority.

(3) If the person with whom the agreement is to be made so requires within one month of receiving the offer, the determination of those amounts must be referred to an arbitrator to be appointed, in default of agreement, by the appropriate authority .

(4) Where the amounts determined by the arbitrator exceed those determined by the appropriate nature conservation body, that body must—

(a) amend the offer so as to give effect to the arbitrator's determination; or

(b) except in the case of an offer made to a person whose application for a farm capital grant has been refused in consequence of an objection by the appropriate nature conservation body, withdraw the offer.

Section 23 Notification of potentially damaging operations

(1) This regulation and regulation 24 apply where a notification is in force under section 28 of the WCA 1981 (sites of special scientific interest) in relation to land which is or forms part of a European site.

(2) The appropriate nature conservation body may, for the purpose of securing compliance with the requirements of the Directives, at any time vary the notification with respect to—

(a) the flora, fauna or geological or physiographical features by reason of which the land is of special interest; or

(b) any operations appearing to the appropriate nature conservation body to be likely to damage that flora or fauna or those features.

Section 24 Assessment of implications for European sites

(1) Where it appears to the appropriate nature conservation body that a notice of a proposal under section 28E(1)(a) of the WCA 1981 relates to an operation which is or forms part of a plan or project which—

(a) is likely to have a significant effect on a European site (either alone or in combination with other plans or projects), and

(b) is not directly connected with or necessary to the management of that site,

it must make an appropriate assessment of the implications for that site in view of that site's conservation objectives.

(2) In the light of the conclusions of the assessment, it may give consent for the operation only after having ascertained that the plan or project will not adversely affect the integrity of the site.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 25 Sites of special scientific interest which become European sites: duty to review

(1) This regulation applies where a consent for an operation has been given under section 28E(3)(a) of the WCA 1981 (or has effect as if given under that section ) in relation to land included in a site of special scientific interest which, after the date of that consent, becomes land within a European site.

(2) The appropriate nature conservation body must, as soon as reasonably practicable, review the consent and affirm, modify or withdraw it.

(3) Regulation 24 applies for the purposes of paragraph (2), as if—

(a) the reference in regulation 24(1) to a notice of a proposal under section 28E(1)(a) of the WCA 1981 were a reference to a consent under section 28E(3)(a) of that Act; and

(b) the reference to giving consent in regulation 24(2) were a reference to affirming that the consent should remain in force.

Section 26 Farm capital grants

(1) Where an application for a farm capital grant is made as respects expenditure incurred or to be incurred for the purpose of activities on land within a European site, the appropriate authority—

(a) must, so far as may be consistent with the purposes of the grant provisions, exercise its functions so as to further the conservation of the protected features; and

(b) where the appropriate nature conservation body has objected to the making of the grant on the ground that the activities in question have destroyed or damaged, or will destroy or damage, those protected features, must not make the grant except after considering the objection.

(2) Where in consequence of an objection by the appropriate nature conservation body, an application for a grant as respects expenditure to be incurred is refused on the ground that the activities in question will destroy or damage protected features, the appropriate nature conservation body must, within three months of its receiving notice of the appropriate authority's decision, offer to enter into a management agreement in the terms of a draft submitted to the applicant—

(a) imposing restrictions as respects those activities; and

(b) providing for the making by it of payments to the applicant.

(3) In this regulation—

“ farm capital grant ” means—

a grant under a scheme made under section 29 of the Agriculture Act 1970 (farm capital grants) ; or

a grant under regulations made under section 2(2) of the European Communities Act 1972 to a person carrying on an agricultural business within the meaning of those regulations in respect of expenditure incurred or to be incurred for the purposes of or in connection with that business, being expenditure of a capital nature or incurred in connection with expenditure of a capital nature;

“ grant provisions ” means—

in the case of a grant described in paragraph (a) of the definition of “farm capital grant”, the scheme under which the grant is made and section 29 of the Agriculture Act 1970;

in the case of a grant of a kind described in paragraph (b) of the definition of “farm capital grant”, the regulations under which the grant is made and the EU instrument in pursuance of which the regulations were made;

“ protected features ”, in relation to a European site, means the flora, fauna, or geological or physiological features by reason of which the land is a European site.

Section 27 Power to make special nature conservation order

(1) The appropriate authority may, after consultation with the appropriate nature conservation body, make in respect of any land within a European site an order (a “special nature conservation order”) specifying operations (whether on land specified in that order or elsewhere and whether or not within the European site) which appear to the appropriate authority to be of a kind which, if carried out in certain circumstances or in a particular manner, would be likely to destroy or damage protected features.

(2) A special nature conservation order may be amended or revoked by a further order.

(3) Schedule 1 has effect with respect to the making, confirmation and coming into operation of special nature conservation orders and amending or revoking orders.

(4) A special nature conservation order specifying operations on land is a local land charge.

(5) If an order under paragraph (1) specifies any operation of a kind not carried out, or proposed to be carried out, on land within a European site, the order must specify the operation by reference to the place where it is being, or is proposed to be, carried out.

(6) In this regulation, and in regulation 28, “ protected features ” has the meaning given by regulation 26(3).

Section 28 Restriction on carrying out operations specified in order

(1) In respect of any land within a European site in respect of which a special nature conservation order is made, the appropriate authority may serve a notice (a “stop notice”) on any person carrying out, or proposing to carry out, any operation of a kind specified in that order which appears to the appropriate authority to be likely to destroy or damage protected features.

(2) The stop notice must specify—

(a) details of the operation;

(b) details of the European site to which the notice relates; and

(c) the date on which the notice takes effect.

(3) Where the identity of a person carrying out, or proposing to carry out, the operation is not reasonably ascertainable, the appropriate authority may, instead of serving a stop notice, publish a notice in at least one local newspaper circulating in the area in which the land to which the notice relates is situated, and affix a copy or copies of the notice to some conspicuous object or objects on the land to which the notice relates.

(4) A person on whom a stop notice is served must not carry out on any land within a European site in respect of which a special nature conservation order is in force, or in the place by reference to which the operation is specified, any operation specified in the order, unless the notice condition specified in paragraph (5) and the consent condition specified in paragraph (6) are fulfilled.

(5) The notice condition is—

(a) where the operation is carried out on land, that—

(i) the operation is carried out, or caused or permitted to be carried out, by the owner or occupier of the land, and

(ii) after service of the stop notice, one of them has given the appropriate nature conservation body written notice of a proposal to carry out the operation, specifying its nature and where it is proposed to carry it out; and

(b) in any other case, that after service of the stop notice, the person proposing to carry out the operation has given the appropriate nature conservation body written notice of a proposal to carry out the operation, specifying its nature and where it is proposed to carry it out.

(6) The consent condition is—

(a) that the operation is carried out with the written consent of the appropriate nature conservation body; or

(b) that the operation is carried out in accordance with the terms of a management agreement.

(7) A consent under paragraph (6)(a) may be given—

(a) subject to conditions specified in the consent; and

(b) for a limited period so specified.

(8) A person who, without reasonable excuse, contravenes paragraph (4) commits an offence and is liable (whether on summary conviction or on conviction on indictment) to a fine.

(9) For the purposes of paragraph (8) it is a reasonable excuse for a person to carry out an operation if—

(a) the operation was an emergency operation particulars of which (including details of the emergency) were notified to the appropriate nature conservation body as soon as practicable after the commencement of the operation; or

(b) the operation was authorised by a planning permission granted on an application under Part 3 of the TCPA 1990 (control over development).

(10) For the purposes of this regulation and regulations 29 and 30—

(a) a “ stop notice ” means a notice served under paragraph (1);

(b) references to the service of a stop notice are taken to mean (in an appropriate case) the publication and affixing of a notice under paragraph (3); and

(c) where a notice is published and affixed under paragraph (3), any person carrying out an operation specified in the notice is taken to be a person on whom a stop notice is served.

Section 29 Assessment of implications for European sites after service of stop notice

(1) Where it appears to the appropriate nature conservation body that an application for consent under regulation 28(6)(a) relates to an operation which is or forms part of a plan or project which—

(a) is likely to have a significant effect on a European site (either alone or in combination with other plans or projects), and

(b) is not directly connected with or necessary to the management of that site,

it must make an appropriate assessment of the implications for that site in view of that site's conservation objectives.

(2) In the light of the conclusions of the assessment, it may give consent for the operation only after having ascertained that the plan or project will not adversely affect the integrity of the site.

(3) Where the appropriate nature conservation body refuses consent, it must give reasons for its decision.

(4) A person on whom a stop notice is served may—

(a) within two months of receiving notice of the refusal of consent, or

(b) if no notice of a decision is received by that person, within three months of an application for consent being made,

by notice in writing to the appropriate nature conservation body require it to refer the matter as soon as possible to the appropriate authority.

(5) If, following a referral under paragraph (4), the appropriate authority is satisfied that, there being no alternative solutions, the plan or project must be carried out for imperative reasons of overriding public interest (which, subject to paragraph (6), may be of a social or economic nature), the appropriate authority may direct the appropriate nature conservation body to give consent to the operation.

(6) Where the site concerned hosts a priority natural habitat type or a priority species, the reasons referred to in paragraph (5) must be either—

(a) reasons relating to human health, public safety or beneficial consequences of primary importance to the environment; or

(b) any other reasons which the appropriate authority ... considers to be imperative reasons of overriding public interest.

(7) Where the appropriate authority directs the appropriate nature conservation body to give consent under paragraph (5), the appropriate authority must secure that such compensatory measures are taken as are necessary to ensure that the overall coherence of Natura 2000 is protected.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 30 Compensation for effect of stop notice

(1) Where the appropriate authority has served a stop notice on any person, the appropriate nature conservation body must pay compensation to any person who—

(a) at the time at which the notice is served has an interest in affected relevant land; and

(b) on a claim duly made to the appropriate nature conservation body, shows that the value of that interest is less than it would have been if the notice had not been served.

(2) No claim for compensation may be made in respect of an order unless the appropriate authority has given notice of the decision in respect of that order under paragraph 6(1) or (2) of Schedule 1.

(3) The amount of the compensation payable is the difference between the value of the interest and what that value would have been had a stop notice not been served.

(4) For this purpose—

(a) an interest in land is to be valued at the time when the stop notice is served; and

(b) where a person, by reason of having more than one interest in affected relevant land, makes more than one claim in respect of the same restriction having effect by virtue of the service of a stop notice, the various interests in respect of which that person claims compensation are to be valued together.

(5) Section 10 of the Land Compensation Act 1973 (mortgages, trusts of land and settlements) applies in relation to compensation under this regulation as it applies in relation to compensation under Part 1 of that Act.

(6) For the purposes of assessing compensation under this regulation, the rules set out in section 5 of the Land Compensation Act 1961 (rules for assessing compensation on a compulsory acquisition) have effect, so far as applicable and subject to any necessary modifications, as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

(7) Interest is payable in relation to compensation, at the rate for the time being prescribed under section 32 of the Land Compensation Act 1961 (rate of interest after entry on land), from the date of the claim until payment.

(8) In the case of any dispute as to compensation—

(a) the Upper Tribunal has the function of determining the dispute; and

(b) section 4 of the Land Compensation Act 1961 (costs) applies in relation to the determination, subject to any necessary modifications.

(9) In this regulation—

“ affected relevant land ” means land which forms part of an agricultural unit which comprises land to which the stop notice relates;

“ agricultural unit ” means land which is occupied by a person as a unit for agricultural purposes, including any dwelling or other building occupied by that person for the purpose of farming the land.

Section 31 Restoration orders

(1) Where a person (“P”) is convicted of an offence under regulation 28(8), the court may, in addition to dealing with P in any other way, make an order (a “restoration order”) requiring P to carry out, within such period as may be specified in the order, such operations for the purpose of restoring the land to its former condition as may be so specified.

(2) A restoration order made on conviction on indictment is to be treated for the purposes of section 30 of the Criminal Appeal Act 1968 (restitution of property) as an order for the restitution of property.

(3) In the case of a restoration order made by a magistrates' court, the period specified in the order does not begin to run—

(a) in any case until the end of the period for the time being prescribed by law for the giving of notice of appeal against a decision of a magistrates' court; and

(b) where notice of appeal is given within the period so prescribed, until determination of the appeal.

(4) At any time before a restoration order has been fully complied with, the court may, on the application of the person subject to the order, discharge or vary the order if it appears to the court that a change in circumstances has made compliance with the order impracticable or unnecessary.

(5) A person who fails without reasonable excuse to comply with a restoration order commits an offence and is liable on summary conviction to a fine.

(6) A person who continues to fail to comply with a restoration order, following conviction under paragraph (5), may be proceeded against for a further offence from time to time until the order is complied with.

(7) If, within the period specified in a restoration order, any operations specified in the order have not been carried out, the appropriate nature conservation body may enter the land and carry out those operations and recover from the person subject to the order any expenses reasonably incurred by it in doing so.

Section 32 Power to make byelaws

(1) The appropriate nature conservation body may make byelaws for the protection of a European site under section 20 of the 1949 Act (byelaws for protection of nature reserves) .

(2) Such byelaws may, in particular, make the kinds of provision mentioned in this regulation, subject to regulation 33(1).

(3) Byelaws may—

(a) provide for prohibiting or restricting the entry into, or movement within, the site of persons, vehicles, boats or animals;

(b) prohibit or restrict the killing, taking, molesting or disturbance of living creatures of any description in the site, the taking, destruction or disturbance of eggs of any such creature, the taking of, or interference with, vegetation of any description in the site, or the doing of anything in the site which will interfere with the soil or damage any object in the site;

(c) contain provisions prohibiting the depositing of rubbish and the leaving of litter in the site; and

(d) prohibit or restrict, or provide for prohibiting or restricting, the lighting of fires in the site or the doing of anything likely to cause a fire in the site.

(4) Byelaws may prohibit or restrict any activity referred to in paragraph (3) within such area surrounding or adjoining the site as appears to the appropriate nature conservation body necessary for the protection of the site.

(5) Where entry into, or any activity within, the site or any such surrounding or adjoining area as is mentioned in paragraph (4) would otherwise be unlawful under byelaws made under this regulation, the byelaws may provide for the issue of per mits authorising such entry or activity, on such terms and subject to such conditions as may be specified in the byelaws.

(6) Byelaws may be made so as to relate either to the whole or to any part of the European site, or of any such surrounding or adjoining area as is mentioned in paragraph (4), and may make different provision for different parts of the site.

(7) This regulation does not apply in relation to a European marine site (but see regulation 40 (European marine sites: byelaws and orders)).

Section 33 Byelaws: supplementary provisions

(1) Relevant byelaws must not interfere with—

(a) the exercise by any person of a right vested in that person as owner, lessee or occupier of land in the European site, or in any such surrounding or adjoining area as is mentioned in regulation 32(4);

(b) the exercise of any public right of way;

(c) the exercise of any functions of statutory undertakers;

(d) the exercise of any functions of an internal drainage board or the Commissioners appointed under the Tweed Fisheries Act 1969 ; or

(e) the provision of an electronic communications code network or the exercise of any right conferred by or in accordance with the electronic communications code on the provider of any such network.

(2) Sections 236 to 237 and 237A to 238 of the Local Government Act 1972 (procedure, etc., for, offences against and evidence of byelaws) apply to all relevant byelaws as if the appropriate nature conservation body were a local authority within the meaning of that Act.

(3) In relation to relevant byelaws, the confirming authority for the purposes of section 236 of the Local Government Act 1972 is the appropriate authority.

(4) The appropriate nature conservation body may take such steps as may be necessary for the purpose of enforcing byelaws made by it.

(5) In this regulation and in regulations 34 and 35, “ relevant byelaws ” means byelaws under section 20 of the 1949 Act as it applies by virtue of regulation 32.

Section 34 Compensation for effect of byelaws

(1) Where the exercise of any right vested in a person (“P”), whether by reason of P's being entitled to any interest in land or by virtue of a licence or agreement, is prevented or hindered by the coming into operation of relevant byelaws, P is entitled to receive compensation from the appropriate nature conservation body.

(2) Any dispute arising on a claim for any such compensation is to be determined by the Upper Tribunal.

(3) For the purposes of any such reference to the Upper Tribunal, section 4 of the Land Compensation Act 1961 (costs) has effect with the substitution for references to the acquiring authority of references to the authority from whom the compensation in question is claimed.

(4) Rules (2) to (4) of the Rules set out in section 5 of that Act (rules for assessing compensation on a compulsory acquisition) apply to the calculation of any such compensation, in so far as it is calculated by reference to the depreciation of the value of an interest in land.

(5) In the case of an interest in land subject to a mortgage—

(a) any such compensation in respect of the depreciation of that interest is to be calculated as if the interest were not subject to the mortgage;

(b) a claim or application for the payment of any such compensation may be made by any person who when the byelaws giving rise to the compensation were made was the mortgagee of the interest, or by any person claiming under such a person, but without prejudice to the making of a claim or application by any other person;

(c) subject to sub-paragraph (d), a mortgagee is not entitled to any such compensation in respect of that mortgagee's interest as such; and

(d) any compensation payable in respect of the interest subject to the mortgage must be paid to the mortgagee or, where there is more than one mortgagee, to the first mortgagee, and must in either case be applied by the mortgagee as if it were proceeds of sale.

Section 35 Continuation in force of existing byelaws

Any byelaws in force under section 20 of the 1949 Act in relation to land which on or after 30th November 2017 becomes land within a European site, or adjacent to such a site—

(a) have effect as if they are relevant byelaws; and

(b) are to be construed as if originally made as such byelaws (see also regulation 141(5)).

Section 36 Powers of compulsory acquisition

(1) The appropriate nature conservation body may acquire compulsorily any interest in land in a European site where it is satisfied that either of the conditions in paragraph (2) is met.

(2) The conditions are—

(a) that, as respects that interest, it is unable to conclude a management agreement on terms appearing to it to be reasonable; or

(b) where it has entered into a management agreement as respects such an interest, that a breach of the agreement has occurred which prevents or impairs the satisfactory management of the European site.

(3) Such a breach as is mentioned in paragraph (2)(b) is not to be treated as having occurred by virtue of any act or omission capable of remedy unless there has been default in remedying it within a reasonable time after notice given by the appropriate nature conservation body requiring that act or omission to be remedied.

(4) Any dispute arising as to whether there has been such a breach of a management agreement is to be determined by an arbitrator appointed by the Lord Chancellor.

(5) The power of compulsory acquisition conferred by paragraph (1) on the appropriate nature conservation body may be exercised in any particular case only after authorisation by the appropriate authority.

(6) The Acquisition of Land Act 1981 and the Compulsory Purchase Act 1965 apply in relation to the acquisition of any interest in land under paragraph (1).

(7) In this regulation, an “ interest ”, in relation to land, includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an interest in land or by virtue of a licence or agreement, and in particular includes sporting rights.

Section 37 Marking of site and advice by nature conservation bodies

(1) The appropriate nature conservation body may deposit or remove markers indicating the existence and extent of a European marine site.

(2) This power is exercisable subject to the obtaining of any necessary marine licence under Part 4 of the Marine Act or any approval required to be obtained from the appropriate authority under article 26(2) of the Marine Licensing (Exempted Activities) Order 2011 or article 25(2) of the Marine Licensing (Exempted Activities) (Wales) Order 2011 .

(3) As soon as possible after a site becomes a European marine site, the appropriate nature conservation body must advise other relevant authorities as to—

(a) the conservation objectives for that site; and

(b) any operations which may cause deterioration of natural habitats or the habitats of species, or disturbance of species, for which the site has been designated.

Section 38 Management scheme for European marine site

(1) The relevant authorities, or any of them, may establish for a European marine site a management scheme under which their functions (including any power to make byelaws) are to be exercised so as to secure compliance with the requirements of the Directives in relation to that site.

(2) Only one management scheme may be made for each European marine site.

(3) A management scheme may be amended from time to time.

(4) An authority which has established a management scheme under paragraph (1) must as soon as practicable thereafter send a copy of it to the appropriate nature conservation body.

Section 39 Direction to establish or amend management scheme

(1) The appropriate authority may give directions to the relevant authorities, or any of them, as to the establishment of a management scheme for a European marine site.

(2) Directions may, in particular—

(a) require conservation measures specified in the direction to be included in the scheme;

(b) appoint one of the relevant authorities to co-ordinate the establishment of the scheme;

(c) set time limits within which any steps are to be taken;

(d) provide that the approval of the appropriate authority is required before the scheme is established; and

(e) require any relevant authority to supply to the appropriate authority such information concerning the establishment of the scheme as may be specified in the direction.

(3) The appropriate authority may give directions to the relevant authorities, or any of them, as to the amendment of a management scheme for a European marine site, either generally or in any particular respect.

(4) Any direction under this regulation must be in writing and may be varied or revoked by a further direction.

Section 40 European marine sites: byelaws and orders

(1) The Marine Management Organisation may make byelaws for the protection of a European marine site in England under section 129 of the Marine Act (byelaws for protection of marine conservation zones in England).

(2) The Welsh Ministers may make orders for the protection of a European marine site in Wales under section 134 of that Act (orders for protection of marine conservation zones in Wales).

(3) The provisions of Chapter 1 of Part 5 of that Act (marine conservation zones) relating to byelaws under section 129 or orders under section 134 apply, with the modifications described in paragraph (4), in relation to byelaws made by virtue of paragraph (1) or (as the case may be) orders made by virtue of paragraph (2).

(4) The modifications are—

(a) any reference to an MCZ is to be read as a reference to a European marine site;

(b) in sections 129(1) and 134(1), the reference to furthering the conservation objectives stated for an MCZ is to be read as a reference to protecting a European marine site;

(c) the reference in section 129(3)(c) to hindering the conservation objectives stated for an MCZ is to be read as a reference to damaging a European marine site.

Section 41 Nature conservation policy in planning contexts

(1) For the purposes of the relevant provisions, policies relating to the development and use of land or minerals and waste development or in respect of the conservation of the natural beauty and amenity of the land are to be taken to include policies encouraging the management of features of the landscape of the kinds described in paragraph (3).

(2) In paragraph (1), the “ relevant provisions ” means—

(a) in relation to the development and use of land—

(i) sections 15C(3) and (4) and 15CC(3) of the Planning and Compulsory Purchase Act 2004 ( local plans and supplementary plans made by local planning authorities ) ; and

(ii) section 62(2)(b) of that Act (local development plan); ...

(aa) in relation to minerals and waste development, sections 15CB(2) and (3) and 15CC(5) of that Act; and

(b) in relation to the conservation of the natural beauty and amenity of the land—

(i) section 12(3A) of the TCPA 1990 (preparation of unitary development plan) ;

(ii) section 31(3) of that Act (structure plans: continuity, form and content) ; and

(iii) section 36(3) of that Act (local plans) .

(3) The features of the landscape referred to in paragraph (1) are those which, by virtue of their linear and continuous structure (such as rivers with their banks or the traditional systems of marking field boundaries) or their function as “stepping stones” (such as ponds or small woods), are essential for the migration, dispersal and genetic exchange of wild species.

(4) Where the Secretary of State considers it necessary, the Secretary of State must include in a national policy statement under Part 2 of the Planning Act 2008 (national policy statements) policy that encourages the management of features of the landscape of the kinds described in paragraph (3).

Section 42 European protected species of animals

(1) Schedule 2 lists those species of animals listed in Annex IV(a) to the Habitats Directive which have a natural range which includes any area in Great Britain.

(2) References in this Part to a “European protected species” of animal are to any of those species.

Section 43 Protection of certain wild animals: offences

(1) A person who—

(a) deliberately captures, injures or kills any wild animal of a European protected species,

(b) deliberately disturbs wild animals of any such species,

(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,

is guilty of an offence.

(2) For the purposes of paragraph (1)(b), disturbance of animals includes in particular any disturbance which is likely—

(a) to impair their ability—

(i) to survive, to breed or reproduce, or to rear or nurture their young; or

(ii) in the case of animals of a hibernating or migratory species, to hibernate or migrate; or

(b) to affect significantly the local distribution or abundance of the species to which they belong.

(3) It is an offence for any person—

(a) to be in possession of, or to control,

(b) to transport,

(c) to sell or exchange, or

(d) to offer for sale or exchange,

anything to which this paragraph applies.

(4) Paragraph (3) applies to—

(a) any live or dead animal or part of an animal—

(i) which has been taken from the wild, and

(ii) which is of a species or subspecies listed in Annex IV(a) to the Habitats Directive; and

(b) anything derived from such an animal or any part of such an animal.

(5) Paragraphs (1) and (3) apply regardless of the stage of the life of the animal in question.

(6) Unless the contrary is shown, in any proceedings for an offence under paragraph (1) the animal in question is presumed to have been a wild animal.

(7) In any proceedings for an offence under paragraph (3), where it is alleged that an animal or a part of an animal was taken from the wild, it is presumed, unless the contrary is shown, that that animal or part of an animal was taken from the wild.

(8) 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, or to both.

(9) Guidance as to the application of the offences in paragraph (1)(b) or (d) in relation to particular species of animals or particular activities may be published by—

(a) the appropriate authority; or

(b) the appropriate nature conservation body, with the approval of the appropriate authority.

(10) In proceedings for an offence under paragraph (1)(b) or (d), a court must take into account any relevant guidance published under paragraph (9).

(11) In deciding upon the sentence for a person convicted of an offence under paragraph (1)(d), the court must 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.

Section 44 Protection of certain wild animals: defences

(1) A person (“P”) is not guilty of the offence under regulation 43(1)(a) of deliberately capturing a wild animal of a European protected species, or an offence under regulation 43(3)(a) or (b), if P shows that the act in question—

(a) was in relation to an animal that had been disabled otherwise than by P's unlawful act; and

(b) was done solely for one or both of the purposes of—

(i) tending it and releasing it when no longer disabled; or

(ii) releasing it after it had been tended.

(2) A person (“P”) is not guilty of an offence under regulation 43(1)(a) or 43(3)(a) or (b) if P shows that the act in question—

(a) was in relation to an animal that had been seriously disabled otherwise than by P's unlawful act and that there was no reasonable chance of its recovering; and

(b) was done solely for one or both of the purposes of—

(i) ending the animal's life; or

(ii) disposing of it (otherwise than by sale or exchange) as soon as practicable after it was dead.

(3) A person is not guilty of the offence under regulation 43(1)(a) of deliberately injuring a wild animal of a European protected species if that person shows that this was done solely—

(a) for the purpose of taking a sample by virtue of any of the sampling provisions; or

(b) for the purpose of taking a sample to be used in evidence in any criminal proceedings in respect of an offence specified in paragraph (11) (wherever the offence was committed).

(4) A person is not guilty of an offence under regulation 43(3)(a) or (b) if that person shows that the act in question was done solely for one or more of the purposes of—

(a) investigating whether an offence specified in paragraph (11) was being or had been committed (wherever the offence was committed);

(b) bringing, conducting, or giving evidence in, any criminal proceedings in respect of any such offence; or

(c) giving effect to an order under any of the forfeiture provisions.

(5) Subject to paragraph (6), a person who shows that the animal or part of the animal in question, or the animal or part of the animal from which the thing in question is derived, was lawfully taken from the wild is not guilty of an offence under regulation 43(3).

(6) The defence in paragraph (5) does not apply—

(a) in respect of the offences in regulation 43(3)(a) and (b) if—

(i) the animal or part in question is an animal, or part of an animal, of a European protected species or of the species Lacerta vivipara pannonica (viviparous lizard) or Lycaena dispar (the large copper butterfly), or the thing in question is derived from such an animal; and

(ii) the animal, part or thing in question was in the defendant's possession or control, or transported by the defendant, for the purpose of sale or exchange; or

(b) in respect of the offences in regulation 43(3)(c) and (d), if the animal or part in question is an animal, or part of an animal, of any of the species referred to in sub-paragraph (a)(i), or the thing in question is derived from such an animal.

(7) For the purposes of paragraph (5) an animal, or part of an animal, is treated as having been lawfully taken from the wild if—

(aa) it was taken from the wild in the United Kingdom without contravention of the law and before 10 th June 1994;

(a) it was taken from the wild in the European territory of a member State, being territory to which the TFEU applies, without contravention of the law of that member State and before the implementation date; or

(b) it was taken from the wild elsewhere.

(8) A person is not guilty of an offence under regulation 43(3) if that person shows that the animal or part of the animal, or the animal from which the thing in question is derived—

(a) is of a species listed in the second column of Schedule 3 and was from a population occurring in a country or area which is specified in respect of that species in the third column of that Schedule;

(b) is of the species Capra aegagrus (wild goat) and was not from a naturally occurring population;

(c) is of the subspecies Ovis gmelini musimon (European mouflon) and was not from a naturally occurring population in Corsica or Sardinia; or

(d) is of the species Coregonus oxyrhynchus (houting) and either was from Finland or was not from an anadromous population.

(9) The defences in paragraphs (1) to (4) do not apply where it is shown by the prosecution that the defendant's action did not satisfy the conditions in paragraph (10).

(10) Those conditions are that—

(a) there was no satisfactory alternative; and

(b) the action was not detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range.

(11) For the purposes of paragraphs (3)(b) and (4)(a) and (b), the specified offences are—

(a) an offence under any of the following sections of the WCA 1981—

(i) section 9 (protection of certain wild animals) ;

(ii) section 11 (prohibition of certain methods of killing or taking wild animals) ;

(iii) section 17 (false statements made for obtaining registration or licence etc.) ; or

(iv) section 18 (attempts to commit offences etc.) which relates to an offence under section 9 or 11;

(b) an offence under any of the following provisions—

(i) regulation 43 (protection of certain wild animals: offences);

(ii) regulation 45 (prohibition of certain methods of capturing or killing wild animals);

(iii) regulation 59 (false statements made for obtaining licence), where that offence relates to the obtaining of a licence under regulation 55 (licences for certain activities relating to animals or plants); or

(iv) regulation 122 (attempts and possession of means of committing offence), where that offence relates to an offence under regulation 43 or 45;

(c) an offence under the 2018 Regulations or an offence of attempting to commit such an offence; or

(d) an offence under regulation 45 (protection of wild animals listed in Annex IV(a) to the Habitats Directive), 47 (prohibition of certain methods of capturing or killing wild animals) or 57 (false statements made for obtaining licence) of the Offshore Marine Conservation Regulations, an offence of attempting to commit an offence under regulation 45 or 47 of those Regulations, or an offence under regulation 71 of those Regulations (possession of means of committing offence) which relates to an offence under regulation 45 or 47 of those Regulations.

(12) For the purposes of any proceedings for an offence under regulation 43(3), the common names given in parentheses in paragraphs (6) and (8) are to be disregarded.

Section 45 Prohibition of certain methods of capturing or killing wild animals

(1) This regulation applies in relation to the capturing or killing of a wild animal—

(a) of any of the species listed in Schedule 4 (which lists those species listed in Annex V(a) to the Habitats Directive, and to which Article 15 of that Directive applies, which have a natural range which includes any area of Great Britain); or

(b) of a European protected species, where the capturing or killing of such animals is permitted in accordance with these Regulations.

(2) It is an offence to use for the purpose of capturing or killing any such wild animal—

(a) any means listed in paragraph 1 or 2 of Schedule 4A;

(b) any form of capturing or killing from a mode of transport listed in paragraph 3 of Schedule 4A ;

(c) any other means of capturing or killing which is indiscriminate and capable of causing the local disappearance of, or serious disturbance to, a population of any species of animal listed in Schedule 4 or any European protected species of animal.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) 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, or to both.

Section 46 European protected species of plants

(1) Schedule 5 lists those species of plants listed in Annex IV(b) to the Habitats Directive which have a natural range which includes any area in Great Britain.

(2) References in this Part to a “European protected species” of plant are to any of those species.

Section 47 Protection of certain wild plants: offences

(1) It is an offence deliberately to pick, collect, cut, uproot or destroy a wild plant of a European protected species.

(2) It is an offence for any person—

(a) to be in possession of, or to control,

(b) to transport,

(c) to sell or exchange, or

(d) to offer for sale or exchange,

anything to which this paragraph applies.

(3) Paragraph (2) applies to—

(a) any live or dead plant or part of a plant—

(i) which has been taken in the wild, and

(ii) which is of a species or subspecies listed in Annex II(b) (other than any bryophyte) or Annex IV(b) to the Habitats Directive; and

(b) anything derived from such a plant or any part of such a plant.

(4) Paragraphs (1) and (2) apply regardless of the stage of the biological cycle of the plant in question.

(5) Unless the contrary is shown, in any proceedings for an offence under paragraph (1) the plant in question is presumed to have been a wild plant.

(6) 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 presumed, unless the contrary is shown, that that plant or part of a plant was taken in the wild.

(7) 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, or to both.