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The Conservation (Natural Habitats, &c.) Regulations 1994

Type Statutory-Instrument
Publication 1994-10-20
Last updated 2025-11-01
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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articles Not indexed
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  • regulations 28 to 32 make provision for byelaws and compulsory purchase orders as respects European sites; and
  • regulations 33 to 36 make special provision for the protection of European marine sites.

Part III provides for the protection of certain wild animals and plants and in particular–

  • regulation 39 makes it an offence, subject to certain exceptions, deliberately to capture, kill or disturb those animals or to trade in them; and
  • regulation 43 makes it an offence, subject to certain exceptions, to pick, collect, cut, uproot or destroy those plants or to trade in them.

Part IV makes provision for the adaptation of planning and certain other controls for the protection of European sites; in particular–

  • regulations 48, 49 and 54 require the effect on a European site to be considered before a grant of planning permission and, subject to certain exceptions, restrict the grant of planning permission where the integrity of the European site would be adversely affected;
  • regulations 50 and 51 and 55 to 58 require planning permissions granted before the date on which a site becomes a European site (or if later, the commencement of these Regulations) to be reviewed and in certain circumstances revoked where the integrity of the site would be adversely affected.

Equivalent provision for the requirement to consider the effect on a European site and for review is made as respects the construction or improvement of highways, roads or cycle tracks (regulations 69 and 70), consents under the Electricity Act 1989 (regulations 71 to 74), authorisations under the Pipe–lines Act 1962 (regulations 75 to 78), orders under the Transport and Works Act 1992 (regulations 79 to 82), authorisations and licences under the Environmental Protection Act 1990 (regulations 83 and 84) and discharge consents under water pollution legislation (regulation 85). Regulations 60 to 67 make special provision as respects general and special development orders, simplified planning zones and enterprise zones.

Footnotes

1

S.I. 1992/2870.

6

The expression “navigation authority” is defined in section 221(1) of that Act.

7

The expression “harbour authority” is defined in section 57 of that Act.

10

1973 c. 65; the expressions “joint board” and “joint committee” are defined in section 235(1) of the Act.

11

1925 c. 20; by virtue of section 28(1) of the Law of Property Act 1969 (c. 59) section 84 has effect as set out in Schedule 3 to that Act.

12

1949 c. 97; section 16 was amended by paragraph 1 of Schedule 1 to the Nature Conservancy Council Act 1973 (c. 54).

13

1968 c. 41; section 15 was amended by paragraph 9 of Schedule 1 to the Nature Conservancy Council Act 1973 (c. 54).

14

1967 c. 86; section 49A was inserted by section 9 of the Countryside (Scotland) Act 1981 (c. 44).

16

1949 c. 97; section 20 was amended by paragraph 1 of Schedule 1 to the Nature Conservancy Council Act 1973 (c. 54), paragraph 28(1) of Schedule 4 to the Telecommunications Act 1984 (c. 12) and paragraph 13(1) of Schedule 25 to the Water Act 1989 (c. 15).

18

1911 c. 27; section 8 was amended by section 1 of the Protection of Animals (Amendment) Act 1927 (c. 27).

21

Section 78 was amended by section 17(2) of the Planning and Compensation Act 1991 (c. 34).

22

Section 177(1)(a) was substituted by paragraph 24(1)(a) of Schedule 7 to the Planning and Compensation Act 1991 (c. 34).

23

Section 196(5) was repealed by paragraph 33(e) of Schedule 7 to the Planning and Compensation Act 1991 (c. 34), but that repeal does not apply to appeals arising out of applications made under section 192(1) (as originally enacted) before 27th July 1992.

24

Section 90(2A) was inserted by section 16(1) of the Transport and Works Act 1992 (c. 42).

26

Section 102 was amended by paragraph 6 of Schedule 1, and paragraph 21 of Schedule 7, to the Planning and Compensation Act 1991 (c. 34).

27

Paragraph 1 of Schedule 9 was amended by paragraph 15 of Schedule 1 to the Planning and Compensation Act 1991 (c. 34).

30

Section 85(5) was amended by paragraph 20 of Schedule 13 to, and Part IV of Schedule 19 to the Planning and Compensation Act 1991 (c. 34).

31

Section 91(3) was repealed by paragraph 26(b) of Schedule 13 to the Planning and Compensation Act 1991 (c. 34), but that repeal does not apply to appeals arising out of applications made under section 90(2) (as originally enacted) before 25th September 1992.

32

Section 37(1) was amended by Part I of Schedule 4 to the Local Government and Planning (Scotland) Act 1982 (c. 43).

33

Section 49 was amended by section 172(2) of the Local Government (Scotland) Act 1973 (c. 65), sections 26 and 35 of the Town and Country Planning (Minerals) Act 1981 (c. 36) and paragraph 5 of Schedule 8, and paragraph 16 of Schedule 13, to the Planning and Compensation Act 1991 (c. 34).

37

Section 106 was substituted by section 12(1) of the Planning and Compensation Act 1991 (c. 34).

38

Section 42 was amended by section 172(2) of the Local Government (Scotland) Act 1973 (c. 65) and sections 26 and 35 of the Town and Country Planning (Minerals) Act 1981 (c. 36).

39

Section 49 was amended by section 172(2) of the Local Government (Scotland) Act 1973 (c. 65), sections 26 and 35 of the Town and Country Planning (Minerals) Act 1981 (c. 36) and paragraph 5 of Schedule 8, and paragraph 16 of Schedule 13 to the Planning and Compensation Act 1991 (c. 34).

42

1980 c. 66; the expression “improvement” is defined in section 329(1) of the Act.

43

1984 c. 54; the expression “improvement” is defined in section 151(1) of the Act.

Editorial notes

63

Reg. 86 in force at 30.10.1994, see reg. 1(2)

65

Reg. 12 in force at 30.10.1994, see reg. 1(2)

70

Reg. 11 in force at 30.10.1994, see reg. 1(2)

74

Regulations applied (with modifications) by S.I. 1995/2803, Sch. 5 para. 20 (as inserted (E.W.) (1.4.1996) by The National Park Authorities (Wales) (Amendment) Order 1996 (S.I. 1996/534), art. 1, Sch. para. 2)

82

Reg. 48 in force at 30.10.1994, see reg. 1(2)

83

Reg. 22 in force at 30.10.1994, see reg. 1(2)

84

Regulations: certain functions transferred (1.7.1999 immediately after the coming into force of Scotland Act 1998 (c. 46), s. 53) by The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), arts. 1(2), 2, Sch. 1

85

Reg. 36 in force at 30.10.1994, see reg. 1(2)

87

Reg. 94 in force at 30.10.1994, see reg. 1(2)

90

Reg. 21 in force at 30.10.1994, see reg. 1(2)

91

Reg. 80 in force at 30.10.1994, see reg. 1(2)

96

Reg. 51 in force at 30.10.1994, see reg. 1(2)

99

Reg. 19 in force at 30.10.1994, see reg. 1(2)

100

Reg. 29 in force at 30.10.1994, see reg. 1(2)

102

Reg. 62 in force at 30.10.1994, see reg. 1(2)

103

Reg. 55 in force at 30.10.1994, see reg. 1(2)

104

Reg. 41 in force at 30.10.1994, see reg. 1(2)

106

Reg. 15 in force at 30.10.1994, see reg. 1(2)

109

Reg. 16 in force at 30.10.1994, see reg. 1(2)

111

Sch. 4 in force at 30.10.1994, see reg. 1(2)

114

Reg. 106 in force at 30.10.1994, see reg. 1(2)

115

Reg. 46 in force at 30.10.1994, see reg. 1(2)

116

Reg. 3 in force at 30.10.1994, see reg. 1(2)

117

Reg. 58 in force at 30.10.1994, see reg. 1(2)

119

Reg. 37 in force at 30.10.1994, see reg. 1(2)

122

Reg. 34 in force at 30.10.1994, see reg. 1(2)

123

Sch. 2 in force at 30.10.1994, see reg. 1(2)

124

Reg. 95 in force at 30.10.1994, see reg. 1(2)

125

Reg. 31 in force at 30.10.1994, see reg. 1(2)

127

Reg. 17 in force at 30.10.1994, see reg. 1(2)

128

Reg. 61 in force at 30.10.1994, see reg. 1(2)

130

Reg. 42 in force at 30.10.1994, see reg. 1(2)

136

Reg. 56 in force at 30.10.1994, see reg. 1(2)

139

Reg. 82 in force at 30.10.1994, see reg. 1(2)

140

Reg. 35 in force at 30.10.1994, see reg. 1(2)

141

Reg. 101 in force at 30.10.1994, see reg. 1(2)

148

Reg. 66 in force at 30.10.1994, see reg. 1(2)

149

Reg. 70 in force at 30.10.1994, see reg. 1(2)

151

Reg. 68 in force at 30.10.1994, see reg. 1(2)

152

Reg. 50 in force at 30.10.1994, see reg. 1(2)

155

Reg. 85 in force at 30.10.1994, see reg. 1(2)

157

Reg. 52 in force at 30.10.1994, see reg. 1(2)

160

Reg. 10 in force at 30.10.1994, see reg. 1(2)

161

Reg. 67 in force at 30.10.1994, see reg. 1(2)

163

Reg. 108 in force at 30.10.1994, see reg. 1(2)

168

Reg. 63 in force at 30.10.1994, see reg. 1(2)

169

Reg. 103 in force at 30.10.1994, see reg. 1(2)

173

Reg. 30 in force at 30.10.1994, see reg. 1(2)

174

Reg. 49 in force at 30.10.1994, see reg. 1(2)

177

Reg. 14 in force at 30.10.1994, see reg. 1(2)

181

Reg. 100 in force at 30.10.1994, see reg. 1(2)

182

Reg. 38 in force at 30.10.1994, see reg. 1(2)

183

Reg. 44 in force at 30.10.1994, see reg. 1(2)

188

Reg. 20 in force at 30.10.1994, see reg. 1(2)

189

Reg. 28 in force at 30.10.1994, see reg. 1(2)

191

Reg. 18 in force at 30.10.1994, see reg. 1(2)

192

Reg. 79 in force at 30.10.1994, see reg. 1(2)

194

Reg. 6 in force at 30.10.1994, see reg. 1(2)

195

Reg. 69 in force at 30.10.1994, see reg. 1(2)

197

Reg. 60 in force at 30.10.1994, see reg. 1(2)

198

Reg. 104 in force at 30.10.1994, see reg. 1(2)

199

Reg. 59 in force at 30.10.1994, see reg. 1(2)

200

Reg. 1 in force at 30.10.1994, see reg. 1(2)

202

Reg. 54 in force at 30.10.1994, see reg. 1(2)

203

Reg. 102 in force at 30.10.1994, see reg. 1(2)

205

Reg. 105 in force at 30.10.1994, see reg. 1(2)

206

Reg. 64 in force at 30.10.1994, see reg. 1(2)

207

Regs. 18-22 substituted (S.) for regs. 18-22 and cross-headings (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20, 21)

208

Reg. 107 in force at 30.10.1994, see reg. 1(2)

210

Reg. 45 in force at 30.10.1994, see reg. 1(2)

211

Reg. 33 in force at 30.10.1994, see reg. 1(2)

213

Reg. 47 in force at 30.10.1994, see reg. 1(2)

215

Reg. 53 in force at 30.10.1994, see reg. 1(2)

216

Reg. 97 in force at 30.10.1994, see reg. 1(2)

218

Sch. 3 in force at 30.10.1994, see reg. 1(2)

223

Reg. 65 in force at 30.10.1994, see reg. 1(2)

227

Reg. 81 in force at 30.10.1994, see reg. 1(2)

228

Reg. 13 in force at 30.10.1994, see reg. 1(2)

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