The Conservation of Habitats and Species Regulations 2010 came into force on 1 April 2010 to consolidate all the various amendments made to the Conservation (Natural Habitats, &c.)Regulations 1994 in respect of England and Wales.
The 1994 Regulations transposed Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (EC Habitats Directive) into national law.
Protected sites under the habitats directive are known as 'European Sites'
The Regulations make it an offence (subject to exceptions) to deliberately capture, kill, disturb, or trade in the animals listed in Schedule 2, or pick, collect, cut, uproot, destroy, or trade in the plants listed in Schedule 4.
However, these actions can be made lawful through the granting of licenses by the appropriate authorities.
Regulations 60 to 67 require the effect on a European site to be considered before the granting of consents or authorisations of a kind specified in regulations 68 to 101, including the grant of planning permission, consents under the Electricity Act 1989.
If the company operates in an area of natural habitat, it must follow these regulations and obtain the proper licences if applicable.
Regulations are applicable in England and Wales.
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