Amendment to The Conservation (Natural Habitats, &c.) (Amendment)
(England and Wales) Regulations 2008

Pool frog, Fisher's Estuarine moth and Lesser Whirlpool Ram's-horn
snail are now European Protected Species.

So if they are seen in The Malago area they would not be able to be
harmed, moved, injured or killed if any building work goes ahead.

See below Section 2.

I have copied and pasted the info from the Natural England website.

From Amanda, Cotswold Road.



Statutory Instruments
2008 No. 2172

Wildlife, England And Wales

Countryside, England And Wales
The Conservation (Natural Habitats, &c.) (Amendment) (England and
Wales) Regulations 2008

Made

12th August 2008

Laid before Parliament

20th August 2008

Laid before the National Assembly for Wales

20th August 2008

Coming into force

1st October 2008

The Secretary of State is designated(1) for the purposes of section
2(2) of the European Communities Act 1972(2) in relation to the
environment.

The Welsh Ministers, in relation to Wales, are designated(3) for the
purposes of section 2(2) of the European Communities Act 1972 in
relation to the conservation of natural habitats and of wild fauna and
flora.

These Regulations make provision for a purpose mentioned in section
2(2) of the European Communities Act 1972.

The Secretary of State, in relation to England, and the Welsh
Ministers, in relation to Wales, make these Regulations in exercise of
the powers conferred by section 2(2) of the European Communities Act 1972.
Citation, commencement and extent

1.—(1) These Regulations may be cited as the Conservation (Natural
Habitats, &c.) (Amendment) (England and Wales) Regulations 2008 and
come into force on 1st October 2008.

(2) These Regulations extend to England and Wales only.
Additional European protected species

2. In Schedule 2 (European protected species of animals) to the
Conservation (Natural Habitats &c.) Regulations 1994(4), insert the
following entries in the appropriate place—
"Frog, Pool Rana lessonae"
"Moth, Fisher's Estuarine Gortyna borelii lunata"
"Snail, Lesser Whirlpool Ram's-horn Anisus vorticulus".
Consequential amendment to the Conservation (Natural Habitats &c.)
Regulations 1994

3. In regulation 39(5) (protection of certain wild animals) of the
Conservation (Natural Habitats &c.) Regulations 1994, in paragraph
(6)(a)(i), omit the words "Gortyna borelii lunata (Fisher's estuarine
moth),".
Consequential amendment to the Wildlife and Countryside Act 1981

4. In Schedule 5(6) (animals which are protected) to the Wildlife and
Countryside Act 1981(7), after "Moth, Fisher's Estuarine" insert "(in
respect of section 9(4)(b) and (c) and (5) only)".

Joan Ruddock

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

9th August 2008

Brian Gibbons

Minister for Social Justice and Local Government, one of the Welsh
Ministers

12th August 2008
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Conservation (Natural Habitats, &c.)
Regulations 1994 ("the 1994 Regulations"), which make provision
implementing Council Directive 92/43/EEC on the conservation of
natural habitats and of wild flora and fauna (O.J. No. L206, 22.07.92,
p.7). These Regulations extend to England and Wales only.

Regulation 2 to these Regulations adds three new species to the list
of European protected species in Schedule 2 to the 1994 Regulations.
The three new species are the pool frog (Rana lessonae), the Fisher's
estuarine moth (Gortyna borelii lunata) and the lesser whirlpool
ram's-horn snail (Anisus vorticulus).

Regulations 3 and 4 make consequential amendments to regulation 39(6)
of the 1994 Regulations and Schedule 5 to the Wildlife and Countryside
Act 1982 (c. 69) ("the 1981 Act") respectively.

Since the Fisher's estuarine moth is now a European protected species,
by virtue of the Act concerning the conditions of accession of the
Czech Republic, the Republic of Estonia, the Republic of Cyprus, the
Republic of Latvia, the Republic of Lithuania, the Republic of
Hungary, the Republic of Malta, the Republic of Poland, the Republic
of Slovenia and the Slovak Republic and the adjustments to the
Treaties on which the European Union is founded (O.J. No. L236,
29.09.03, p.33 (see p.676)), the defence in regulation 39(6) of the
1994 Regulations will apply in relation to the moth without need of
any specific mention of it.

The amendment to Schedule 5 to the 1981 Act means that the Fisher's
estuarine moth no longer receives the protection afforded under
section 9(1), (2) or (4)(a) of the 1981 Act. Section 9(1) and (2) of
the 1981 Act prohibits the killing, injuring and taking and the
possession or control of animals listed in Schedule 5 to the Act and
section 9(4)(a) protects their places of shelter and protection.
Instead, the Fisher's estuarine moth is protected under the
corresponding provisions of regulation 39 of the 1994 Regulations.

A full impact assessment has not been produced for this instrument as
no impact on the private or voluntary sectors is foreseen.

A transposition note setting out how these amendments transpose the
provisions of the Habitats Directive has been prepared. Copies of the
transposition note may be obtained, free of charge, from Wildlife
Species Conservation Division, Defra, Temple Quay House, 2 The Square,
Temple Quay, Bristol, BS1 6PN. In addition, copies of the
transposition note have been placed in the libraries of both Houses of
Parliament.
(1)

S.I. 2008/301. Back [1]
(2)

1972 c. 68. Back [2]
(3)

S.I. 2002/248. The functions conferred on the National Assembly for
Wales by means of that Order are now exercisable by the Welsh
Ministers, by virtue of section 162 of, and paragraph 30 of Schedule
11 to, the Government of Wales Act 2006 (c.32). Back [3]
(4)

S.I. 1994/2716. Relevant amendments have been made by S.I. 2007/1843
and 1996/525. The 1994 Regulations make provision for the purpose of
implementing, for Great Britain, Council Directive 92/43/EEC on the
conservation of natural habitats and of wild flora and fauna (O.J. No.
L206, 22.07.92, p.7) as last amended by Council Directive 2006/105/EC
of 20 November 2006 adapting Directives 79/409/EEC, 92/43/EEC,
97/68/EC, 2001/80/EC and 2001/81/EC in the field of environment, by
reason of the accession of Bulgaria and Romania (O.J. No. L363,
20.12.06, p.368; and see O.J. L80, 21.3.07, p.15 for the Corrigendum
amending the original title). In relation to Wales, the functions of
the Secretary of State under the 1994 Regulations were transferred to
the National Assembly for Wales (with the exception of those under
regulations 71 to 78) by article 2 of, and Schedule 1 to, the National
Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).
By virtue of paragraph 30 of Schedule 11 to the Government of Wales
Act 2006, the relevant functions were transferred from the National
Assembly for Wales to the Welsh Ministers. Back [4]
(5)

Regulation 39 was substituted in relation to England and Wales by S.I.
2007/1843, regulation 5(1) and (13). Back [5]
(6)

Schedule 5 has been amended in relation to England and Wales by S.I.
1988/288, 1989/906, 1991/367, 1992/2350, 1998/878, 2007/1843 and
2008/431. Back [6]
(7)

1981 c. 69. Section 9(4) was substituted by S.I. 2007/1843, regulation
7(4), having been previously amended by paragraph 5(a) of Schedule 12
to the Countryside and Rights of Way Act 2000 (c. 37). Back [7]