The following Environment practice note provides comprehensive and up to date legal information covering:
As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content.
For further guidance, see: Brexit—impact on environmental law and Brexit Bulletin—key updates, research tips and resources.
The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019, SI 2019/579 are in force from implementation period completion day. These regulations make changes to the three existing instruments which transpose Directive 92/43/EEC, (the Habitats Directive) and Directive 79/409/EEC, (the Birds Directive) so that they continue to work upon the UK’s exit from the EU. The existing instruments are:
the Conservation of Habitats and Species Regulations 2017, SI 2017/1012
the Conservation of Offshore Marine Habitats and Species Regulations 2017, SI 2017/1013, and
the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001, SI 2001/1754
References throughout the regulations are amended to a UK only context. Sites designated under the Habitats Directive and the Birds Directive previously contributed to the EU’s Natura 2000 network. A national site network is created to retain the concept of a UK network of sites. Various terms in the Habitats Directive and Birds Directive that relate
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Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
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