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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ANTHONY PORTEN QC
- Bats: Horseshoe and Typical
- Great Crested Newt
- Common Otter
Defences no longer available:
1. No exception for acts done in dwelling houses.
2. No defence of ‘lawful operations’.
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.
Reg. 44(3) – no licence to be granted unless the appropriate authority is satisfied:
Newsum v. Welsh Assembly Government
Court of Appeal:
The protection of the EPS cannot of itself constitute ‘overriding public interest’.
 1 PLR 107