Q&As

What legislation protects priority habitats? What powers does Natural England have over priority habitat which has not been designated a site of special and scientific interest, special protection area or special areas of conservation? Does it have control over how the land should be managed?

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Produced in partnership with Hannah Payne of Browne Jacobson
Published on: 29 May 2019
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It is assumed that this query relates to habitats in England.

Defining priority habitats

Priority natural habitat is defined under the habitats directive 92/43/EEC (Habitats Directive) as being:

‘…natural habitat types in danger of disappearance, which are present on the [European territory] and for the conservation of which the Community has particular responsibility in view of the proportion of their natural range…’

In contrast, under the Natural Environment and Rural Communities Act 2006 (NERCA 2006), a priority habitat is any habitat published on the ‘list of the living organisms and types of habitat which in the Secretary of State's opinion are of principal importance for the purpose of conserving biodiversity’.

Relevant Legislation

The legislation relevant to a priority habitat will depend both on the nature of the habitat itself and the

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United Kingdom
Related legal acts:
Key definition:
Priority definition
What does Priority mean?

The ranking of security interests ie the order in which each of the secured creditors can claim on the secured property in an enforcement or insolvency scenario. A deed of priority or intercreditor deed can vary the priority a security interest enjoys by virtue of general law.

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