Habitats and Birds Directives

The Habitats Regulations

The Habitats Directive was transposed into GB law by the ‘Conservation (Natural Habitats, &c.) Regulations 1994’ which came into force on 30 October 1994.  The Scottish Executive Environment and Rural Affairs Department Circular No. 6/1995 (Revised June 2000) on the Habitats and Birds Directives gives further details of how the Regulations apply in Scotland.  The Regulations can be viewed at the HMSO website and the Circular can be viewed on the Scottish Executive website.

Amendments to the Habitats Regulations

The Habitats Regulations have been amended several times since their introduction including, in Scotland, major amendments in 2004 and 2007, as described below.

On 29 November 2004, the Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 came into force.  This Amendment updated the Regulations in line with the new Nature Conservation (Scotland) Act 2004 and applied many of the new measures relating to SSSIs, to European sites.  The main changes are summarised as follows:

• The definition of a European site in the Regulations was amended to include candidate Special Areas of Conservation (cSACs). 
• There were changes to the application of Nature Conservation Orders, Land Management Orders and Restoration Orders
• New offences were introduced relating to intentional or reckless damage to habitats and intentional or reckless disturbance to species.
• The scales of fines applicable to offences under the Regulations were increased in line with that of the Nature Conservation (Scotland) Act 2004.

The Regulations were again amended, twice, in 2007.  The first of these amendments came into force on 15 February.  The main changes are summarised as follows:

• The Regulations relating to animals of European Protected Species were significantly amended, tightening some offences and removing a number of defences, particularly that relating to bats in dwelling houses
• The requirement to assess developments plans (structure and local plans) with regard to Natura 2000 sites was made a statutory obligation with the introduction of specific new Regulations

The Conservation (Natural Habitats, &c.) Amendment (No.2) (Scotland) Regulations 2007 came into force on 29 June, and extended the requirement to assess proposals potentially affecting Natura 2000 sites to all plans and projects.

The full texts of all the above Amendments are available on the Office of Public Sector Information website via the following links:

• Scottish Statutory Instrument 2004, No. 475
• Scottish Statutory Instrument 2007, No. 80
• Scottish Statutory Instrument 2007, Nn 349