Examples of the 1994 Regulations in a sentence
In this regard it is considered that for the reasons and justifications set out above it is a reasonable expectation that a licence would be granted and that in arriving at this conclusion the Council, as Planning Authority, has fulfilled the general requirement established under Regulation 3(4) to have regard to the provisions of the Habitats Directive, and in particular to the provisions of Articles 12 and 13 of the Directive and Regulations 39 and 43 of the 1994 Regulations.
Such authority is also obliged to consult SNH and, for the purpose of regulation 48 of the 1994 Regulations, to have regard to any representations made by SNH.
The requirements of the Directive have been transposed into domestic legislation in Scotland through a combination of the Habitats Regulation 2010 (in relation to reserved matters) and the 1994 Regulations.
A major innovation in the 1994 Regulations was that enforcement was not left to the parties alone.
However, that was the approach taken by Mr. Justice Buckley in 2003 in Bankers Insurance Co Ltd v South6, a decision in relation to the 1994 Regulations the reasoning of which is equally applicable to the 1999 Regulations.