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ARCHIVE: Conservation of Habitats and Species Regulations 2010

On 1 April 2010 The Conservation of Habitats and Species Regulations 2010 will replace The Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) in England and Wales (and to a limited degree, Scotland - as regards reserved matters).

The Conservation of Habitats and Species Regulations 2010 (which are the principal means by which the Habitats Directive is transposed in England and Wales) update the legislation and consolidate all the many amendments which have been made to the Regulations since they were first made in 1994.

The new Regulations do not make any substantive changes to existing policies and procedures (other than in relation the establishment of the Marine Management Organisation (MMO)– which takes on certain licensing functions from Natural England - and to ensure consistent with the approach in the Marine and Coastal Access Act 2009).

Consolidation has, however, involved substantial amendments to the extent of the Regulations (which now apply specifically only to England and Wales apart from in respect of certain reserved matters), and to more closely reflect devolved powers and duties, as regards Wales. Another objective of the consolidation has been to restructure the Habitats Regulations into a more logical structure and order and to update the drafting style and legislative references. This is intended to make it easier for people to use and understand the Regulations.

The Conservation of Habitats and Species Regulations 2010 apply in the terrestrial environment and in territorial waters out to 12 nautical miles. The EU Habitats and Wild Birds Directives are transposed in UK offshore waters by separate regulations – The Offshore Marine Conservation (Natural Habitats &c.) Regulations 2007 (as amended).

The consolidation and restructuring exercise has resulted in significant changes to the layout of the regulations and the order in which the provisions occur. We have therefore produced a table (PDF 77KB) from which you can determine where those provisions of most interest to you in the 1994 regulations (as amended) now appear in the 2010 regulations. We hope this will be of assistance to authorities who want to ensure that, as from 1 April, statutory work, casework responses, standard letter templates and any other guidance refers to the appropriate provisions in the 2010 regulations.

Page last modified: 26 March 2010
Page published: 26 March 2010

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