The Habitats Regulations: implementing species protection

The Habitats Regulations 1994 apply on land and in Scotland’s inshore waters (up to 12 nautical miles from land). Several amendments have been made to the Regulations, which apply only to Scotland.

These amendments include the:

• Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2019
• Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2012
• Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2011
• The Conservation (Natural Habitats, &c.) Amendment (No. 2) (Scotland) Regulations 2008
• Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2008
• Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007
• Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004

The Regulations in Scotland thus do not mirror the Conservation of Habitats and Species Regulations 2017, which apply in England and Wales.

Schedules to the Habitats Regulations

The various schedules attached to the Habitats Regulations include:

• Habitats Regulations 1994 Schedule 2 – European protected species of animal
• Habitats Regulations 1994 Schedule 3 – animals listed on Annex V of the Habitats and Species Directive whose natural range includes Great Britain
• Habitats Regulations 1994 Schedule 4 – European protected species of plants

Part II of the Habitats Regulations concerns the protection of certain habitats and the habitats of species within European sites. This part of the Regulations describes how Special Areas of Conservation (SACs) are selected and designated.

SACs may be designated for:

• habitats listed on Annex I of the Habitats Directive
• species listed on Annex II of the Habitats Directive

Part III of the Habitats Regulations details the protection given to European protected species of animals and plants. This section also describes the licensing system, which is used to permit certain activities that would otherwise be illegal.