Habitats and wildlife issues for developers
Habitats and wildlife issues for developers

The following Environment practice note provides comprehensive and up to date legal information covering:

  • Habitats and wildlife issues for developers
  • Brexit impact
  • The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019, SI 2019/579
  • Protected areas and protected sites
  • Site of Special Scientific Interest
  • European sites
  • Protected species
  • Survey
  • Mitigation and compensation
  • Planning application
  • More...

Brexit impact

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

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:

  1. the Conservation of Habitats and Species Regulations 2017, SI 2017/1012

  2. the Conservation of Offshore Marine Habitats and Species Regulations 2017, SI 2017/1013, and

  3. 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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