Statutory Instrument 2000 No. 192

      The Conservation (Natural Habitats, &c.) (Amendment) (England) Regulations 2000

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STATUTORY INSTRUMENTS
2000 No. 192

COUNTRYSIDE, ENGLAND

The Conservation (Natural Habitats, &c.) (Amendment) (England) Regulations 2000


  Made 31st January 2000  
  Laid before Parliament 7th February 2000  
  Coming into force 28th February 2000  

The Secretary of State, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to measures relating to the conservation of natural habitats and of wild fauna and flora, in exercise of the powers conferred upon him by the said section 2[3], hereby makes the following Regulations:

Citation, commencement, interpretation and extent
1.  - (1) These Regulations may be cited as the Conservation (Natural Habitats, &c.) (Amendment) (England) Regulations 2000 and shall come into force on 28th February 2000.

    (2) In these Regulations, "the 1994 Regulations" means the Conservation (Natural Habitats, &c.) Regulations 1994[4].

    (3) These Regulations shall extend to England only.

Amendment of the 1994 Regulations
2.  - (1) The 1994 Regulations shall be amended as follows.

    (2) In regulation 10(1) (meaning of "European site") - 
 

    (a) after sub-paragraph (c) the word "or" shall be omitted; and

    (b) after sub-paragraph (d) there shall be added - 
     

           " , or

      (e) a site in England included in the list of sites which has been proposed by the Secretary of State and transmitted to the Commission under regulation 7 until such time as - 
       

        (i) the draft list of sites of Community importance is established under the first sub-paragraph of Article 4(2) of the Habitats Directive where in any case the site is not included in that list, or

        (ii) the list of sites referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive is adopted by the Commission in accordance with that sub-paragraph.".
         

    (3) In regulation 11(2) (register of European sites) - 
 
    (a) after sub-paragraph (c) the word "and" shall be omitted; and

    (b) after sub-paragraph (d) there shall be added - 
     

           " ; and

      (e) any site in England included in the list of sites which has been proposed by the Secretary of State and transmitted to the Commission under regulation 7 until such time as paragraph (i) or paragraph (ii) of regulation 10(1)(e) applies.".
       

Signed by authority of the Secretary of State for the Environment, Transport and the Regions
 

Michael Meacher
Minister of State, Department of the Environment, Transport and the Regions

31st January 2000
 

EXPLANATORY NOTE 

(This note is not part of the Regulations)


These Regulations, which apply to England only, amend the Conservation (Natural Habitats, &c.) Regulations 1994 ("the Habitats Regulations"), which make provision for implementing Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora. A further category of sites is added to the meaning of "European site" in regulation 10 of the Habitats Regulations (regulation 2 of these Regulations).

This further category of sites comprises those sites in England which are included in the list of sites proposed by the Secretary of State and transmitted to the Commission under regulation 7 of the Habitats Regulations (regulation 2(2) of these Regulations).

Regulation 2(3) makes consequential amendments to regulation 11 of the Habitats Regulations to provide for registration of this new category of sites in the register of European sites compiled and maintained by the Secretary of State under that regulation.

Notes:

[1] S.I. 1992/2870.back

[2] 1972 c. 68.back

[3] As respects Scotland the powers have been devolved by virtue of section 53 of the Scotland Act 1998 (c. 46).back

[4] S.I. 1994/2716; relevant amending instrument is S.I. 1997/3055.back


ISBN 0 11 085863 8