Search Legislation

Advanced Search

The Conservation of Habitats and Species (Amendment) Regulations 2011

Help about what version

What Version

Help about opening options

Opening Options

Status:

This is the original version (as it was originally made).

EXPLANATORY NOTE

(This note is not part of these Regulations)

These Regulations amend the Conservation of Habitats and Species Regulations 2010 (“the 2010 Regulations”), which make provision implementing Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna (“the Habitats Directive”)(1). These Regulations also transpose certain aspects of Directive 2009/147/EC on the conservation of wild birds (“the Birds Directive”)(2).

These Regulations generally extend to England and Wales only. Regulations 1 to 3, 6, 8 and, so far as it inserts regulation 107A of the 2010 Regulations, regulation 9 also extend to Scotland so far as necessary. Regulations 1 to 3 also extend to Northern Ireland.

Regulation 4 imposes a duty on the Secretary of State and Welsh Ministers to classify sites as special protection areas, to be protected under the Birds Directive.

Regulation 6 clarifies that the requirements of Part 6 of the 2010 Regulations apply in relation to the variation or modification of any authorisation, as well as in relation to the original grant of such an authorisation.

Regulation 8 amends regulation 100 of the 2010 Regulations (marine works) so that it applies in relation to revised categories of marine works. Regulation 100 of the 2010 Regulations requires the likely effect on any site protected under the Habitats Directive (“protected site”) to be considered before the grant of a relevant consent for marine works. It also requires relevant consents for marine works granted before the date on which a site becomes a protected site to be reviewed and, in certain circumstances, revoked where the integrity of the site would be adversely affected by the activity permitted by the consent. A relevant consent now includes the grant of a marine licence under Part 4 of the Marine and Coastal Access Act 2009 (c.23) and an authorisation under the Aquatic Animal Health (England and Wales) Regulations 2009 (S.I. 2009/463).

Regulation 9 requires the likely effect on protected sites to be considered before the adoption and publication of a marine policy statement or a marine plan.

A transposition note and full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Marine Stewardship Team, Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR and is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.

(1)

OJ No L206, 22.7.1992, p.7, last amended by Council Directive 2006/105/EC (OJ No L 363, 20.12.2006, p.368).

(2)

OJ No L 20, 26.1.2010, p.7.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources