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Amendments to the Habitats Regulations in Scotland

Some significant changes to the Habitats Regulations

There have been a number of amendments made to The Conservation (Natural Habitats, &c.) Regulations 1994 external site ('the Habitats Regulations') since they came into force. Some of the more significant changes in Scotland are highlighted below, but there have been several other minor amendments, both before and after those listed here. 

2004 Amendment

The 2004 Amendment (Scottish Statutory Instrument 2004: 475 external site ) introduced a number of changes to bring the Habitats Regulations into line with the Nature Conservation (Scotland) Act 2004 external site . These included:

  • Definition of a 'European site' changed to include candidate Special Areas of Conservation (cSACs) - these are sites submitted by Government for approval by the European Commission, prior to final designation 
  • New offences introduced relating to intentional or reckless damage to habitats and intentional or reckless disturbance to species
  • Changes made to the application of Nature Conservation Orders, Land Management Orders and Restoration Orders
  • Scale of fines applicable to offences increased in line with the Nature Conservation (Scotland) Act 2004

2007 Amendment No.1

The main changes introduced by the 2007 Amendment No.1 (Scottish Statutory Instrument 2007: 80 external site ) included:

  • Alterations made to the rules affecting animals of European Protected Species to tighten up some offences and remove a number of defences, in particular that relating to bats in people's houses
  • Introduction of the requirement to assess development plans (strategic and local development plans) with regard to potential effects on Natura sites

2007 Amendment No.2

The main change introduced by the 2007 Amendment No.2 (Scottish Statutory Instrument 2007: 349 external site ) was:

  • The requirement to assess proposals potentially affecting Natura sites changed to apply to all plans and projects