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 The Conservation (Natural Habitats etc) Regulations 1994 Part III: Protection of Species European Protected Species

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

S.I No New, expanded Regs. 39 and 40 Changes to Reg. 44

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

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

Lesser Whirlpool Rams Horn Snail

S.I 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.

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.

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.

LICENCES ctd Reg. 44(3) – no licence to be granted unless the appropriate authority is satisfied: (a) No satisfactory alternative, and (b) No detriment to the maintenance of the species population at a favourable status in their natural range

GCN

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

Mouflon