The new Regulations (The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) consolidate the Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490) with subsequent amending instruments, and make minor modifications reflecting changes to related legislation.
They are designed to transpose Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (“the Habitats Directive”).
It should be noted that the Regulations extend to England and Wales (including the adjacent territorial sea) & to Scotland in respect of reserved matters and to Northern Ireland in respect of excepted matters.
The Regulations come into-force on Thursday, 30 November 2017.
As a consequence of the new Regulations, the whole of The Conservation of Habitats and Species (Amendment) Regulations 2011 (S.I. 2011/625) has been revoked with the revocation of the following Regulations with the exception of the highlighted regulations:
The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490) with the exception of:
(a) regulations 1 to 3;
(b) regulation 73 so far as it relates to planning permission granted by a general development order made before 30th November 2017;
(c) regulation 77 so far as it relates to a special development order made before 30th November 2017;
(d) regulation 78 so far as it relates to a local development order made before 30th November 2017;
(e) regulation 78A so far as it relates to a neighbourhood development order made before 30th November 2017;
(f) regulation 79 so far as it relates to a simplified planning zone scheme adopted or approved before 30th November 2017;
(g) regulation 80 so far as it relates to—
(i) an order designating an enterprise zone made before 30th November 2017, or
(ii) a modified enterprise zone scheme approved before that date;
(h) regulation 132;
(i) Schedule 6
The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927) , the whole Regulations except for:
(a) regulations 1, 25 and 26; and
(b) regulation 2, so far as it relates to regulations 25 and 26
Any organisation with a legal obligation to protect habitats and species should revise their Legal Register and to review the compliance obligations and actions necessary to ensure compliance.
A copy of the Regulations can be freely downloaded here