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As part of our commitment to continually improve our service and to help our clients meet their legal obligations, we continue to update the Legal Registers on our website and provide free quarterly legal compliance updates to anyone who subscribes. The purpose of these updates is to ensure you stay up to date with any changes in your legal compliance obligations, our updates can also be kept and can be used as evidence that your business is staying up to date with any changes in the legislation, this can be very helpful at audit time.
The Conservation of Habitats and Species Regulations 2010 is a set of regulations in the UK that aim to protect and conserve natural habitats and species of European importance. The purpose of these regulations is to implement the requirements of the European Union's Habitats Directive and Birds Directive in the UK.
Under the regulations, public authorities are required to assess the impact of their plans and projects on protected habitats and species and take appropriate measures to avoid or mitigate any negative impact. The regulations also prohibit the deliberate capture, killing or disturbance of protected species and the damage or destruction of their habitats.
The requirements of the regulations apply to all public authorities in the UK, as well as any private individuals or organizations who carry out activities that may have an impact on protected habitats and species. This includes developers, landowners, and businesses who must obtain the necessary permits and follow specific guidelines when carrying out activities that may affect protected species and habitats.
The evidence requirements of The Conservation of Habitats and Species Regulations 2010 include the need for public authorities and other individuals or organizations to conduct thorough assessments of the potential impact of their activities on protected habitats and species. These assessments must be based on the best scientific knowledge available and must take into account the specific characteristics of the habitats and species in question.
In order to comply with the regulations, public authorities and other individuals or organizations may need to provide evidence such as maps, data on the distribution and abundance of protected species, and details of the ecological requirements of those species. The evidence must be presented in a clear and transparent manner, and any uncertainties or limitations in the data must be clearly stated.
In addition to providing evidence of the potential impact of their activities on protected habitats and species, public authorities and other individuals or organizations may also need to provide evidence of any measures taken to avoid or mitigate that impact. This might include evidence of alternative approaches that have been considered, details of any mitigation measures that have been put in place, and monitoring data to demonstrate the effectiveness of those measures.
Overall, the evidence requirements of The Conservation of Habitats and Species Regulations 2010 are designed to ensure that activities that have the potential to impact protected habitats and species are subject to rigorous scrutiny and are only permitted where they can be shown to be consistent with the requirements of the regulations.
The Conservation of Habitats and Species Regulations 2010 (legislation.gov.uk)
There are no general exemptions to The Conservation of Habitats and Species Regulations 2010. However, public authorities may grant licenses to permit activities that would otherwise be prohibited under the regulations if it can be demonstrated that they are necessary for reasons of public interest, such as protecting public health or safety, or for the purpose of scientific research or conservation.
Licenses can only be granted if it can be shown that the activity will not be detrimental to the conservation objectives of the protected habitats or species concerned. In addition, the licenses may be subject to conditions to ensure that the activity is carried out in a manner that minimizes the impact on the protected habitats or species.
It is important to note that any exemptions or licenses granted under The Conservation of Habitats and Species Regulations 2010 are subject to strict scrutiny and must be based on clear and transparent evidence. The regulations are designed to ensure that the conservation of protected habitats and species is given the highest priority, and exemptions or licenses will only be granted where there is a clear and compelling case to do so.
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Including our quarterly legal compliance updates that are a great resource for evidence for your ISO audits.
If you would like to know more about ISO Standards, Certification and the value of a good management system you can add to your business we would love to hear from you: Kent: 01892 800476 | London: 02037 458 476 | info@avisoconsultancy.co.uk