The Conservation (Natural Habitats, etc.) (Amendment) Regulations (Northern Ireland) 2009

February 17, 2009

The Conservation (Natural Habitats, etc.) (Amendment) Regulations (Northern Ireland) 2009 come into force on 30 January 2009.

The 2009 Regulations amend the Conservation (Natural Habitats etc.) Regulations (Northern Ireland) 1995 which make provision for implementing the EC Directive on the conservation of natural habitats and of wild fauna and flora. The changes aim to provide greater legal precision about how the Directive’s obligations are fulfilled.

Regulation 3 of the 2009 Regulations amends regulation 9A of the 1995 Regulations to specify in greater detail the arrangements to be made by the Department of the Environment, for the surveillance of the conservation status of natural habitat types of Community interest and species of Community interest.

Similarly, regulation 6 of the 2009 Regulations amends regulation 36A of the 1995 Regulations to specify in greater detail the arrangements to be made by the Department for monitoring the incidental capture and incidental killing of animals of the species listed in Annex IV(a) to the Directive.

Regulation 4 of the 2009 Regulations amends regulation 34 of the 1995 Regulations by amending the terms of the offence of deliberately disturbing a protected species of animal.

Regulation 5 of the 2009 Regulations amends regulation 35 of the 1995 Regulations, which contains defences to the offences contained in regulation 34 relating to European protected species of animal, by providing that those defences do not apply where it is shown that there was a satisfactory alternative to the defendant’s action or that the action was detrimental to the maintenance of the population concerned at a favourable conservations status.

For further information please contact Karen Blair

The 2009 Regulations amend the Conservation (Natural Habitats etc.) Regulations (Northern Ireland) 1995 which make provision for implementing the EC Directive on the conservation of natural habitats and of wild fauna and flora. The changes aim to provide greater legal precision about how the Directive’s obligations are fulfilled.

Regulation 3 of the 2009 Regulations amends regulation 9A of the 1995 Regulations to specify in greater detail the arrangements to be made by the Department of the Environment, for the surveillance of the conservation status of natural habitat types of Community interest and species of Community interest.

Similarly, regulation 6 of the 2009 Regulations amends regulation 36A of the 1995 Regulations to specify in greater detail the arrangements to be made by the Department for monitoring the incidental capture and incidental killing of animals of the species listed in Annex IV(a) to the Directive.

Regulation 4 of the 2009 Regulations amends regulation 34 of the 1995 Regulations by amending the terms of the offence of deliberately disturbing a protected species of animal.

Regulation 5 of the 2009 Regulations amends regulation 35 of the 1995 Regulations, which contains defences to the offences contained in regulation 34 relating to European protected species of animal, by providing that those defences do not apply where it is shown that there was a satisfactory alternative to the defendant’s action or that the action was detrimental to the maintenance of the population concerned at a favourable conservations status.

For further information please contact Karen Blair ( k.blair@cfrlaw.co.uk ) or Maria O’Loan on ( m.oloan@cfrlaw.co.uk ) on (028) 9024 3141.