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The Habitats Regulations

The Habitats Directive was translated into law in Great Britain by the Conservation (Natural Habitats, &c.) Regulations 1994 external site , usually called simply 'the Habitats Regulations'. This legislation covers not just the requirements for protected European (Natura) sites but also those for European Protected Species, as well as other aspects of the Directive.

Since devolution, the Scottish Government has had responsibility for putting the Habitats Directive into practice in Scotland. There have been several Scottish amendments to the Habitats Regulations since this time, most notably in 2004 and 2007. Amendments have also been made to the legislation in England and Wales at various times and these were consolidated in the Conservation of Habitats and Species Regulations 2010 external site  (since amended in 2011). This means that there are now slightly different versions of the Regulations in the different parts of the United Kingdom.

The Conservation of Habitats and Species Regulations 2010 apply in Scotland in relation to certain specific activities, including consents granted under sections 36 and 37 of the Electricity Act 1989.  The 2010 Regulations are very similar to the 1994 Regulations (as amended in Scotland) in the protection they give to Natura sites, so in practice proposals are assessed in exactly the same way.  

  • What are the legislative requirements for Natura sites under the 2010 Regulations and to which activities do they apply in Scotland? 

The Habitats Regulations in the marine environment

As well as territory on land, Scottish Government responsibilities extend out to sea, to the limit of 'inshore' waters at 12 nautical miles off the coast. The Habitats Regulations apply to the inshore zone, and the rules for the protection of marine Natura sites and marine European Protected Species apply here exactly as they do on land.

Beyond this, in the 'offshore' zone, which lies between 12 and 200 nautical miles, the UK Government has authority. The Offshore Habitats Regulations external site  are in force here and, although very similar, are not quite the same as the Habitats Regulations in Scotland. The main differences relate to how European Protected Species are treated. At present in offshore waters the organisation that provides advice to Government on nature conservation is the Joint Nature Conservation Committee (JNCC) rather than Scottish Natural Heritage. These arrangements may change in the future, but for now it means that a rather complex system exists with different rules and agencies involved depending on the distance from the coast.