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Enquiry

From
Marrons
Date advice given
2 December 2011
Enquiry type
Email

Can a Development Consent Order remove the requirement for a licence under the Conservation of Habitats and Species Regulations 2010, as it could have a licence under the 1994 Regulations?

Advice given

The query relates to licenses under Regulation 44 of the Conservation (Natural Habitat, &c) Regulations 1994 ("the 1994 Regulations"). Paragraph 16 of Part 1 of the Schedule to the Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010 ("the Miscellaneous Provisions Regulations") makes reference to such licences.

The 1994 Regulations were in relation to England and Wales revoked by Regulation 133(3) of the Conservation of Habitats and Species Regulations 2010 ("the 2010 Regulations"); the 2010 Regulations consolidated the 1994 Regulations. Regulation 53 of the 2010 Regulations re-enacts Regulation 44 of hte 1994 Regulations, albeit with modifications. Regulation 44 was revoked, and Regulation 53 came into force, on 1 April 2010. The Miscellaneous Provisions Regulations came into force on 1 March 2010.

Since Regulation 53 of the 2010 Regulations in effect re-enacts Regulation 44 of the 1994 Regulations, and no contrary intention is expressed, we consider that the reference in paragraph 16 of Part 1 of the Schedule to the Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010 to Regulation 44 should be construed as being a reference to Regulation 53.