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THE HABITATS REGULATIONS. ANTHONY PORTEN QC. EEC Directive 1992/43. Council Directive of 21 May 1992 on the Conservation of Natural Habitats and of Wild Fauna and Flora. Article 16(1). . S.I.1994 No. 2716. The Conservation (Natural Habitats etc) Regulations 1994

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the habitats regulations

THE HABITATS REGULATIONS

ANTHONY PORTEN QC

eec directive 1992 43
EEC Directive 1992/43
  • Council Directive of 21 May 1992 on the Conservation of Natural Habitats and of Wild Fauna and Flora.
  • Article 16(1).
s i 1994 no 2716
S.I.1994 No. 2716
  • The Conservation (Natural Habitats etc) Regulations 1994
  • Part III: Protection of Species
  • European Protected Species
european protected species
EUROPEAN PROTECTED SPECIES

EPS include:

- Bats: Horseshoe and Typical

- Great Crested Newt

- Dormouse

- Common Otter

s i 2007 no 1843
S.I. 2007 No. 1843
  • New, expanded Regs. 39 and 40
  • Changes to Reg. 44
defences
DEFENCES

Defences no longer available:

1. No exception for acts done in dwelling houses.

2. No defence of ‘lawful operations’.

s i 2008 no 2172
S.I. 2008 No. 2172
  • Three new species added.
  • Conflict with WCA 1981 removed – offences in respect of EPS fall under Habitats Regulations only.
s i 2009 no 6
S.I. 2009 No. 6
  • More detailed provisions for the surveillance of species of Community interest.
  • Specific requirements for CCW to assess needs for surveillance and monitoring, and to advise Welsh Ministers.
  • Welsh Ministers to ensure surveillance and monitoring and indicate who is to carry it out.
2009 amendments ctd
2009 Amendments ctd
  • Modifications to wording of Reg.39
  • Powers to publish guidance on the application of certain EPS offences.
  • Defences made subject to satisfying the Art. 16(1) conditions.
licences
LICENCES

Reg. 44(2): permitted purposes:

(c) Conserving wild animals .. Or introducing them to particular areas

(e) Preserving public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment.

licences ctd
LICENCES ctd

Reg. 44(3) – no licence to be granted unless the appropriate authority is satisfied:

  • No satisfactory alternative, and
  • No detriment to the maintenance of the species population at a favourable status in their natural range
newsum
NEWSUM

Newsum v. Welsh Assembly Government

Court of Appeal:

The protection of the EPS cannot of itself constitute ‘overriding public interest’.

[2005] 1 PLR 107