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THE HABITATS REGULATIONS

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

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  1. THE HABITATS REGULATIONS ANTHONY PORTEN QC

  2. 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).

  3. S.I.1994 No. 2716 • The Conservation (Natural Habitats etc) Regulations 1994 • Part III: Protection of Species • European Protected Species

  4. EUROPEAN PROTECTED SPECIES EPS include: - Bats: Horseshoe and Typical - Great Crested Newt - Dormouse - Common Otter

  5. S.I. 2007 No. 1843 • New, expanded Regs. 39 and 40 • Changes to Reg. 44

  6. DEFENCES Defences no longer available: 1. No exception for acts done in dwelling houses. 2. No defence of ‘lawful operations’.

  7. S.I. 2008 No. 2172 • Three new species added. • Conflict with WCA 1981 removed – offences in respect of EPS fall under Habitats Regulations only.

  8. Lesser Whirlpool Ram’s Horn Snail

  9. 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.

  10. 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.

  11. 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.

  12. 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

  13. GCN

  14. 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

  15. Mouflon

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