Nitrates crisis: Portsmouth ends housing freeze

Commentary

02/11/2017 An explanatory memorandum was published alongside these Regulations., 20/11/2017 A correction slip was published.
10/12/2018 Amending Regulations (SI 2018/1307) published., 19/03/2019 Amending Regulations ( SI 2019/579) published.

Compliance Dates

30/11/2017 Comes into force

Legal Status These Regulations revoke and replace the Conservation of Habitats and Species Regulations 2010 (SI 2010/490), consolidating and updating their provisions to improve clarity. They implement the EU Habitats Directive 92/43/EEC and the EU Wild Birds Directive 2009/147/EC, as well as aspects of the Marine and Coastal Access Act 2009. These Regulations enter into force on 30 November 2017. They apply to England and Wales, including the adjacent territorial sea, and to Scotland and Northern Ireland in relation to reserved and excepted matters. A correction slip was published on 20 November 2017 to amend a number of erroneous references. The Regulations have been subsequently amended by the Conservation of Habitats and Species and Planning (Various Amendments) (England and Wales) Regulations 2018 (SI 2018/1307) to extend the application of regulation 63 (Assessment of implications for European sites and European offshore marine sites) to special development orders, local development orders, neighbourhood development orders, simplified planning zones, enterprise zones and cycle tracks. More recently, they have been amended by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (SI 2019/579) to make technical amendments in consequence of the UK’s withdrawal from the EU.

Legal Outline

These Regulations establish the framework for the conservation of UK European sites  as designated under the EU Habitats Directive 92/43/EEC and the EU Wild Birds Directive 2009/147/EC.

In particular, Part 1 of the Regulations imposes duties on public bodies with conservation functions to:

• exercise their nature conservation functions so as to comply with the EU Habitats Directive and the EU Wild Birds Directive;
• take steps to ensure the preservation and re-establishment of habitat for wild birds in the UK, including in the exercise of their functions in relation to town and country planning and under:
• the National Parks and Access to the Countryside Act 1949 (in relation to nature reserves and local authority byelaws),
• the Forestry Act 1967 (in relation to management of forestry land and applications for felling licences),
• the Norfolk and Suffolk Broads Act 1988 (on the Broads Plan and byelaws),
the Environment Act 1995 (in relation to National Park Management Plans),
• the Natural Environment and Rural Communities Act 2006 (in relation to management agreements),
• the Marine and Coastal Access Act 2009 (in relation to marine planning and licensing, nature conservation, and management of inshore fisheries), and
• the Flood and Water Management Act 2010 (in relation to incidental flooding or coastal erosion); and
• review and report on whether the wild bird conservation objective has been met (other than in relation to the marine area).

Part 2 of the Regulations make provision for:

• the selection, designation, registration and notification of European sites, as well as the classification of special protection areas (SPAs);
• management agreements for European sites;
• control of damaging operations;
• special nature conservation Orders and restoration Orders;
• byelaws;
• powers of compulsory purchase;
• the protection of European marine sites; and
• nature conservation policy in planning contexts.

Part 3 details the offences and defences applicable within the regime of protection of wild animals and plants, in particular prohibiting killing, collecting and trading certain species.

Part 4 imposes a duty on the Secretary of State and on Welsh Ministers to monitor the conservation status of European sites and monitor incidental capture and killing of protected animals. Part 4 also makes it an offence to introduce a non-native species to Great Britain from a ship.

Part 5 sets out licensing arrangements for activities that would otherwise be offences, such as capture or collection for:

• scientific or educational purposes;
• the ringing or marking of wild animals (and subsequent examination of rings and marks);
• conservation of wild animals or wild plants or introduction to particular areas;
• protection of zoological and botanical collections;
• preservation of public health or public safety, or other imperative reasons of public interest;
• prevention of the spread of disease; and
• prevention of serious damage to livestock, foodstuffs for livestocks, crops, vegetables, fruit, growing timber or any form of property or to fisheries.

Part 5 also provides for licensing arrangements in relation to the introduction of a new species from ships, provided the licence holder is satisfied the activity will not jeopardise natural habitats  or native species. The Marine Management Organisation (MMO) – in relation to the English inshore region –, Natural England, and Natural Resources Wales (NRW) (for Wales) are designated as relevant licensing bodies.

Part 6 sets out the arrangements in relation to the assessment of plans and projects. The impact of projects on a European site must be considered before granting:

• planning permission;
• consent for plans or projects to construct or improve highways;
• consents under the Electricity Act 1989;
• authorisations under the Pipe-lines Act 1962;
• Orders under the Transport and Works Act 1992;
• environmental permits under the Environmental Permitting (England and Wales) Regulations 2016 (SI 2016/1154);
• abstraction licences under the Water Resources Act 1991 and the Water Industry Act 1991;
• consents for marine works under the Marine and Coastal Access Act 2009, the Food and Environment Protection Act 1985, the Aquatic Animal Health (England and Wales) Regulations 2009 (SI 2009/463), or approvals or consents for harbour works; and
• derogations under the Nitrate Pollution Prevention Regulations 2015 (SI 2015/668) or the Nitrate Pollution Prevention (Wales) Regulations 2013 (WSI 2013/2506).

Similar requirements are set out in relation to land-use plans, national policy statements and marine plans and policy statements.

Part 7 sets out the enforcement powers of wildlife inspectors and constables, which include powers of entry, search and sample-taking.

These Regulations revoke:

• the Conservation of Habitats and Species Regulations 2010 (SI 2010/490), subject to transitional and savings provisions;
• the Conservation of Habitats and Species Regulations 2011 (SI 2011/625); and
• the Conservation of Habitats and Species (Amendment) Regulations 2012 (SI 2012/1927), subject to transitional and savings provisions.

The Regulations amend:

• the Harbours Act 1964;
• the Sea Fisheries (Shellfish) Act 1967;
• the Conservation of Seals Act 1970;
• the Highways Act 1980;
• the Town and Country Planning Act 1990;
• the Planning Act 2008;
• the Constitutional Reform Act 2005;
• the Marine and Coastal Access Act 2009;
• the Public Gas Transporter Pipe-Line Works (Environmental Impact Assessment) Regulations 1999 (SI 1999/1672);
• the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999 (SI 1999/1783);
• the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 (SI 1999/2228);
• the Pipe-line Works (Environmental Impact Assessment) Regulations 2000 (SI 2000/1928);
• the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (SI 2001/1754);
• the Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 (SI 2003/164);
• the Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006 (SI 2006/2522);
• the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 (WSI 2009/995);
• the Marine Management Organisation (Prescription of Powers to Fix Fees and Charges) Order 2010 (SI 2010/603);
• the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 (SI 2010/1228);
• the Marine Strategy Regulations 2010 (SI 2010/1627);
• the Port of Bristol (Deep Sea Container Terminal) Harbour Revision Order 2010 (SI 2010/2020);
• the Marine Coastal Access Act 2009 (Transitional and Savings Provisions) Order 2011 (SI 2011/603);
• the Associated British Ports (Grimsby Riverside Ro-Ro Terminal) Harbour Revision Order 2011 (SI 2011/950);
• the Marine Licensing (Exempted Activities) Order 2011 (SI 2011/409);
• the Marine Licensing (Exempted Activities) (Wales) Order 2011 (WSI 2011/599);
• the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (SI 2011/1824);
• the Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (SI 2012/635);
• the Neighbourhood Planning (General) Regulations 2012 (SI 2012/637);
• the Hinkley Point Harbour Empowerment Order 2012 (SI 2012/1914);
• the Natural Resources Body for Wales (Functions) Order 2013 (SI 2013/755);
• the Galloper Wind Farm Order 2013 (SI 2013/1203);
• the Nitrate Pollution Prevention (Wales) Regulations 2013 (SI 2013/2506);
• the Brechfa Forest West Wind Farm Order 2013 (SI 2013/586);
• the Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013 (SI 2013/675);
• the Marine Licensing (Application Fees) Regulations 2014 (SI 2014/615);
• the Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014 (SI 2014/1686);
• the Clocaenog Forest Wind Farm Order 2014 (SI 2014/2441);
• the Able Marine Energy Park Development Consent Order 2014 (SI 2014/2935);
• the Walney Extension Offshore Wind farm Order 2014 (SI 2014/2950);
• the Keeping and Introduction of Fish (Wales) Regulations 2014 (WSI 2014/3303);
• the Willington C Gas Pipeline Order 2014 (SI 2014/3328);
• the Rampion Offshore Wind Farm Order 2014 (SI 2014/1873);
• the A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014 (SI 2014/2269);
• the Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014 (SI 2014/2637);
• the Associated British Ports (Fisher Fleet Quay) Harbour Revision Order 2014 (SI 2014/2933);
• the Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015 (SI 2015/10);
• the Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (SI 2015/318);
• the Town and Country Planning (Development Management Procedure) (England) Order 2015 (SI 2015/595);
• the Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596);
• the Nitrate Pollution Prevention Regulations 2015 (SI 2015/668);
• the Knottingley Power Plant Order 2015 (SI 2015/680);
• the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (SI 2015/810);
• the White Moss Landfill Order 2015 (SI 2015/1317);
• the Poole Harbour (Works) Revision Order 2015 (SI 2015/1390);
the Preesall Underground Gas Storage Facility Order 2015 (SI 2015/1561);
• the Progress Power (Gas Fired Power Station) Order 2015 (SI 2015/1570);
• the Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (SI 2015/1592);
• the Ferrybridge Multifuel 2 Power Station Order 2015 (SI 2015/1832);
• the Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2015 (WSI 2015/2020);
• the A160/A180 (Port of Immingham Improvement) Development Consent Order 2015 (SI 2015/129);
• the Cornwall Council (A30 Temple to Higher Carblake Improvement) Order 2015 (SI 2015/147);
• the Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015 (SI 2015/377);
• the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015 (SI 2015/462);
• the Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015 (SI 2015/1347);
• the Palm Paper Mill Generating Station Order 2016 (SI 2016/166);
• the Thorpe Marsh Gas Pipeline Order 2016 (SI 2016/297);
• the Fal Fishery Order 2016 (SI 2016/716);
• the York Potash Harbour Facilities Order 2016 (SI 2016/772);
• the River Humber Gas Pipeline Replacement Order 2016 (SI 2016/853);
• the Triton Knoll Electrical System Order 2016 (SI 2016/880);
• the Environmental Permitting (England and Wales) Regulations 2016 (SI 2016/1154);
• the A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (SI 2016/73);
• the A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (SI 2016/547);
• the M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (SI 2016/863);
• the Economic Growth (Regulatory Functions) Order 2017 (SI 2017/267)
• the Town and Country Planning (Brownfield Land Register) Regulations 2017 (SI 2017/403);
• the Keuper Underground Gas Storage Facility Order 2017 (SI 2017/433);
• the Environmental Impact Assessment (Agriculture) (Wales) Regulations 2017 (WSI 2017/565);
• the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (WSI 2017/567);
• the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (SI 2017/571);
• the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (SI 2017/572); and
• the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017 (SI 2017/580).

Affected Sectors

Cross-sector Agriculture Animal Boarding and Pest Control Fishing and aquaculture Forestry Water Electricity Gas Construction Transport Road Transport Consultancy Offices Real Estate and Public Administration Public Sector Conservation Land Management and Landscaping