Statutory Instruments
wildlife
Made
24th June 2007
Laid before Parliament
3rd July 2007
Coming into force
21st August 2007
CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES
European offshore marine sites
7. List of sites eligible for identification as of Community importance
8. Notification of a proposal for a site of Community importance
10. Consultation as to inclusion of site omitted from the list
13. Notification of a proposal to classify a special protection area
15. Meaning of “European offshore marine site” in these Regulations
16. Duty to compile and maintain a register of European offshore marine sites
ADDITIONAL PROTECTION OF HABITATS AND WILD ANIMALS AND PLANTS
ENFORCEMENT AND SUPPLEMENTARY PROVISION RELATING TO CRIMINAL OFFENCES
The Secretary of State is a Minister designated(1) for the purposes of making Regulations under section 2(2) of the European Communities Act 1972(2) in relation to measures relating to the conservation of natural habitats and of wild flora and fauna.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972.
It appears to the Secretary of State that it is expedient for any reference to an Annex to the Habitats Directive or to the Wild Birds Directive (as defined in these Regulations) to be construed as a reference to that Annex as amended from time to time.
1. These Regulations may be cited as the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 and come into force on 21st August 2007.
2.—(1) —In these Regulations—
(a) subject to sub-paragraph (b)—
(i) “the Habitats Directive” means Council Directive 92/43/EEC(5) on the conservation of natural habitats and of wild fauna and flora(6); and
(ii) “the Wild Birds Directive” means Council Directive 79/409/EEC(7) on the conservation of wild birds(8); and
(b) references to any Annex to the Habitats Directive or any Annex to the Wild Birds Directive are references to that Annex as amended from time to time.
(2) In these Regulations—
“the 1994 Regulations” means the Conservation (Natural Habitats, &c.) Regulations 1994(9);
“a British aircraft” means an aircraft registered in the United Kingdom;
“British fishery limits” has the meaning given by the Fishery Limits Act 1976(10);
“competent authority” is to be construed in accordance with regulation 5;
“devolved administrations” means the Scottish Ministers, the Welsh Ministers and, in Northern Ireland, the Department of the Environment;
“the EC Treaty” means the Treaty establishing the European Community(11);
“European offshore marine site” has the meaning given by regulation 15;
“European protected species” means the species of animals listed in Schedule 1;
“European site” has the meaning given by regulation 24;
“functions” includes powers and duties;
“management scheme” means—
“Natura 2000” means the European network of special areas of conservation, and special protection areas under the Wild Birds Directive, provided for by Article 3(1) of the Habitats Directive;
“Northern Ireland department” has the same meaning as in the Northern Ireland Act 1998(13);
“the offshore marine area” means—
any part of the seabed and subsoil situated in any area designated under section 1(7) of the Continental Shelf Act 1964(14); and
any part of the waters within British fishery limits (except the internal waters of, and the territorial sea adjacent to, the United Kingdom, the Channel Islands and the Isle of Man);
“offshore marine installation” means any artificial island, installation or structure (other than a ship) which is situated—
in any part of the waters in any area designated under section 1(7) of the Continental Shelf Act 1964; or
in any part of the waters in any area designated under section 84(4) of the Energy Act 2004(15);
“Petroleum Act approval” means an approval of an abandonment programme under section 32 of the Petroleum Act 1998(16);
“Petroleum Act authorisation” means an authorisation granted pursuant to section 14 of the Petroleum Act 1998 relating to the construction or use of a pipe-line;
“Petroleum Act consent” means—
a consent granted pursuant to a Petroleum Act licence, including any consent required pursuant to the Offshore Petroleum Productions and Pipe-lines (Assessment of Environmental Effects) Regulations 1999(17); or
a consent granted pursuant to regulation 4(1) of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001(18);
“Petroleum Act licence” means a licence which is granted under or has effect as if granted under the Petroleum Act 1998, or a licence which is to be granted under that Act;
“premises” includes land (including buildings), movable structures, ships and vehicles;
“the register” means the register of European offshore marine sites provided for by regulation 16;
“Scotland” has the same meaning as in the Scotland Act 1998(19);
“ship” means any vessel (including hovercraft, submersible craft and other floating craft) other than one which permanently rests on, or is permanently attached to, the seabed;
“third country ship” means a ship which—
is flying the flag of, or is registered in, any State or territory (other than Gibraltar) which is not a member State; and
is not registered in a member State;
“wild bird” means a bird which—
is a member of a species referred to in Article 1 of the Wild Birds Directive; and
is wild;
“wildlife officer” means a person authorised by the Secretary of State under regulation 52(1) or by a competent authority under regulation 52(2); and
“within devolved competence” is to be construed in accordance with section 54 of the Scotland Act 1998.
(3) Unless the context otherwise requires—
(a) expressions used in these Regulations and in the Habitats Directive have the same meaning as in that Directive; and
(b) expressions used in these Regulations and in the Wild Birds Directive (but not in the Habitats Directive) have the same meaning as in that Directive.
3.—(1) Subject to paragraph (2), these Regulations bind the Crown.
(2) No contravention by the Crown of any provision of these Regulations shall make the Crown criminally liable, but the High Court or in Scotland the Court of Session may, on the application of any person appearing to the Court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention.
(3) Notwithstanding paragraph (2), the provisions of these Regulations apply to persons in the public service of the Crown as they apply to any other person.
4.—(1) This regulation applies in relation to—
(a) a third country ship;
(b) a warship which is being used by the government of a State other than the United Kingdom (whether or not it is a third country ship); and
(c) any other ship which is being used by the government of a State other than the United Kingdom for any non-commercial purpose.
(2) Nothing in these Regulations shall be taken to interfere or require interference with the right of freedom of navigation or other rights under rules of international law.
(3) A wildlife officer must not exercise any of the powers set out in regulations 53 and 58 in relation to a ship to which this regulation applies unless—
(a) in the case of a third country ship (other than a ship which is being used as mentioned in paragraph (1)(b) or (c)), the United Kingdom is entitled under international law to exercise those powers without the consent of the flag state; or
(b) the Commissioners have given authority to exercise the powers.
(4) The Commissioners must not give their authority under paragraph (3)(b) unless the flag state has consented to the United Kingdom exercising those powers (whether generally or in relation to the ship in question).
(5) In giving their authority under paragraph (3)(b), the Commissioners must impose such conditions or limitations on the exercise of the powers as are necessary to give effect to any conditions or limitations imposed by the flag state.
(6) In this regulation—
“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;
“flag state”, in relation to a ship, means the State whose flag that ship is flying or entitled to fly.
5.—(1) For the purposes of these Regulations the expression “competent authority” means—
(a) any Minister of the Crown, government department, public or statutory undertaker, or public body of any description or person holding a public office;
(b) the Scottish Ministers;
(c) the Welsh Ministers;
(d) any Northern Ireland department; and
(e) any person exercising any function of a person or body referred to in sub-paragraphs (a) to (d).
(2) In paragraph (1) “public office” means—
(a) an office under Her Majesty;
(b) an office created or continued in existence by a public general Act of Parliament; or
(c) an office the remuneration in respect of which is paid out of public funds.
6.—(1) In relation to the offshore marine area, any competent authority having functions relevant to marine conservation must exercise those functions so as to secure compliance with the requirements of the Habitats Directive and the Wild Birds Directive.
(2) Paragraph (1) applies, in particular, to functions under the following enactments—
(a) the Whaling Industry (Regulation) Act 1934(20);
(b) section 34 of the Coast Protection Act 1949(21) (restriction of works detrimental to navigation);
(c) the Sea Fish (Conservation) Act 1967(22);
(d) the Prevention of Oil Pollution Act 1971(23);
(e) the Fishery Limits Act 1976(24);
(f) the Fisheries Act 1981(25);
(g) Part 2 of the Food and Environment Protection Act 1985(26) (deposits in the sea);
(h) the Radioactive Substances Act 1993(27);
(i) sections 128 and 129 of the Merchant Shipping Act 1995(28) (prevention of pollution from ships and further provision for prevention of pollution from ships);
(j) the Pollution Prevention and Control Act 1999(29);
(k) the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996(30);
(l) the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998(31);
(m) the Offshore Installations (Emergency Pollution Control) Regulations 2002(32); and
(n) these Regulations.
7.—(1) The Secretary of State must transmit to the Commission a list of those sites in the offshore marine area which he regards as eligible for selection as sites of Community importance.
(2) The Secretary of State must select the sites to be included in the list under paragraph (1) only on the basis of the criteria set out in Annex III (Stage 1) to the Habitats Directive and relevant scientific information.
(3) A site may only be included in the list under paragraph (1) if—
(a) it hosts a natural habitat type listed in Annex I to the Habitats Directive; or
(b) it hosts a species listed in Annex II to the Habitats Directive which has a natural range including any part of the offshore marine area.
(4) In respect of an aquatic species which ranges over wide areas, a site is only eligible to be selected under paragraph (2) if it appears to the Secretary of State to constitute a clearly identifiable area which is distinct in providing the physical and biological features essential to that species for life and reproduction.
(5) The list transmitted to the Commission under paragraph (1) must—
(a) in respect of each site indicate which natural habitat types specified in Annex I and species specified in Annex II to the Habitats Directive the site hosts; and
(b) be accompanied with information on each site including—
(i) a chart of the site;
(ii) its name, location and extent; and
(iii) the data resulting from application of the criteria specified in Annex III (Stage 1) to the Habitats Directive.
(6) The information specified in paragraph (5)(b) must be provided in such format as is established by the Commission.
8.—(1) If the Secretary of State proposes to include a site in the list to be transmitted by him under regulation 7, he must give to the Joint Nature Conservation Committee—
(a) notice of that proposal; and
(b) an accompanying statement of his reasons for that proposal.
(2) Where the Joint Nature Conservation Committee is given notice of a proposal under paragraph (1), the Committee must give notice of that proposal and provide a copy of the Secretary of State’s statement of his reasons for that proposal to—
(a) each of the devolved administrations;
(b) any of the following who in its opinion ought to be notified—
(i) competent authorities which exercise functions in relation to the site;
(ii) competent authorities which exercise functions in relation to a marine area adjacent to the site; and
(iii) persons whose activities are likely to be affected by the inclusion of the site in the list;
(c) such other persons as in its opinion ought to be notified; and
(d) such other persons as the Secretary of State directs.
(3) A notice under paragraph (2) must specify the date (being not less than 12 weeks from the date of the giving of the notice) by which representations with respect to the proposal may be made to the Joint Nature Conservation Committee.
(4) The Joint Nature Conservation Committee must provide to the Secretary of State a report describing the representations duly made, if any, that it received about the proposal, or where no such representations have been received, stating that fact.
(5) The Secretary of State must consider the report provided by the Joint Nature Conservation Committee under paragraph (4).
(6) The Secretary of State may issue guidance to the Joint Nature Conservation Committee for the purposes of its functions under this regulation and the Committee must have regard to that guidance in discharging any of those functions.
(7) The Secretary of State may vary or revoke a direction under paragraph (2)(d).
9.—(1) Where the Secretary of State considers it appropriate, in the light of the results of the surveillance referred to in Article 11 of the Habitats Directive or otherwise, he must propose to the Commission modifications of the list of sites which has been transmitted under regulation 7.
(2) Before the Secretary of State proposes to the Commission such a modification, he must, if he considers it appropriate, give to the Joint Nature Conservation Committee—
(a) notice of his intention to propose that modification; and
(b) an accompanying statement of his reasons for intending to propose it.
(3) Where the Joint Nature Conservation Committee is given notice under paragraph (2), the Committee must give notice of the proposed modification and provide a copy of the Secretary of State’s statement of his reasons for that proposed modification to—
(a) each of the devolved administrations;
(b) any of the following who in its opinion ought to be notified—
(i) competent authorities which exercise functions in relation to the site;
(ii) competent authorities which exercise functions in relation to a marine area adjacent to the site; and
(iii) persons whose activities are likely to be affected by the inclusion of the site in the list;
(c) such other persons as in its opinion ought to be notified; and
(d) such other persons as the Secretary of State directs.
(4) A notice under paragraph (3) must specify the date (being not less than 12 weeks from the date of the giving of the notice) by which representations with respect to the proposed modification may be made to the Joint Nature Conservation Committee.
(5) The Joint Nature Conservation Committee must provide to the Secretary of State a report describing the representations duly made, if any, that it received about the proposal, or where no such representations have been received, stating that fact.
(6) The Secretary of State must consider the report provided by the Joint Nature Conservation Committee under paragraph (5).
(7) The Secretary of State may issue guidance to the Joint Nature Conservation Committee for the purposes of its functions under this regulation and the Committee must have regard to that guidance in discharging any of those functions.
(8) The Secretary of State may vary or revoke a direction under paragraph (3)(d).
10.—(1) This regulation applies where consultation is initiated by the Commission in accordance with Article 5(1) of the Habitats Directive with respect to a site in the offshore marine area hosting a priority natural habitat type or priority species, and—
(a) the Secretary of State and the Commission agree, within the six-month period mentioned in Article 5(2) of the Habitats Directive, that the site should be selected as a site of Community importance, or
(b) the Council, acting on a proposal from the Commission in pursuance of Article 5(2) of the Habitats Directive, decides that the site should be so selected.
(2) Where this regulation applies, the site is to be treated for the purposes of these Regulations as having been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive as from the date of the agreement referred to in paragraph (1)(a) or the decision referred to in paragraph (1)(b).
11.—(1) Once a site located in the offshore marine area has been adopted by the Commission as a site of Community importance in accordance with the third sub-paragraph of Article 4(2) of the Habitats Directive, the Secretary of State must designate that site as a special area of conservation as soon as possible and within six years of such adoption at the most.
(2) The Secretary of State must establish priorities for any site which he designates under paragraph (1), in the light of—
(a) the importance of the site—
(i) for the maintenance or restoration at a favourable conservation status of natural habitat types specified in Annex I to the Habitats Directive or species specified in Annex II to that Directive, and
(ii) for the coherence of Natura 2000; and
(b) the threats of degradation or destruction to which the site is exposed.
12.—(1) The Secretary of State must classify as special protection areas such sites in the offshore marine area as he considers necessary to ensure that the objective specified in paragraph (2) is attained.
(2) The objective referred to in paragraph (1) is that those sites across the United Kingdom’s territory which are most suitable in number and size for—
(a) the conservation of the species listed in Annex I to the Wild Birds Directive which naturally occur in that territory, and
(b) the conservation of regularly occurring migratory species of birds not listed in Annex I which naturally occur in that territory,
are classified as special protection areas.
(3) The Secretary of State must make his decision as to the sites to be classified under paragraph (1) only on the basis of relevant scientific information and—
(a) in the case of a site to be classified for the purpose mentioned in paragraph (2)(a), on the basis of the criteria set out in Article 4(1) of the Wild Birds Directive; and
(b) in the case of a site to be classified for the purpose mentioned in paragraph (2)(b), on the basis of the criteria set out in Article 4(2) of the Wild Birds Directive.
(4) Where a site is classified under paragraph (1), the Secretary of State must provide information on that site to the Commission including—
(a) a chart of the site;
(b) its name, location and extent; and
(c) the data resulting from application of the criteria set out in Article 4(1) or Article 4(2) of the Wild Birds Directive.
(5) The information specified in paragraph (4) must be provided in such format as is established by the Commission.
(6) In this regulation “the United Kingdom’s territory” means the United Kingdom (including its internal waters), the territorial sea adjacent to the United Kingdom, and the offshore marine area.
13.—(1) If the Secretary of State proposes to classify a site as a special protection area under regulation 12, he must give to the Joint Nature Conservation Committee—
(a) notice of that proposal; and
(b) an accompanying statement of his reasons for that proposal.
(2) Where the Joint Nature Conservation Committee is given notice of a proposal under paragraph (1), the Committee must give notice of that proposal and provide a copy of the Secretary of State’s statement of his reasons for that proposal to—
(a) each of the devolved administrations;
(b) any of the following who in its opinion ought to be notified—
(i) competent authorities which exercise functions in relation to the site;
(ii) competent authorities which exercise functions in relation to a marine area adjacent to the site; and
(iii) persons whose activities are likely to be affected by the classification of the site;
(c) such other persons as in its opinion ought to be notified; and
(d) such other persons as the Secretary of State directs.
(3) A notice under paragraph (2) must specify the date (being not less than 12 weeks from the date of the giving of the notice) by which representations with respect to the proposal may be made to the Joint Nature Conservation Committee.
(4) The Joint Nature Conservation Committee must provide to the Secretary of State a report describing the representations duly made, if any, that it received about the proposal, or where no such representations have been received, stating that fact.
(5) The Secretary of State must consider the report provided by the Joint Nature Conservation Committee under paragraph (4).
(6) The Secretary of State may issue guidance to the Joint Nature Conservation Committee for the purposes of its functions under this regulation and the Committee must have regard to that guidance in discharging any of those functions.
(7) The Secretary of State may vary or revoke a direction under paragraph (2)(d).
14.—(1) The Secretary of State may give any person the opportunity of appearing before and being heard by, or of providing written representations to, a person appointed by him—
(a) for the purpose of deciding whether to include a site in the list to be transmitted under regulation 7;
(b) for the purpose of deciding whether to propose to the Commission a modification under regulation 9 to the list of sites transmitted under regulation 7; or
(c) for the purpose of deciding whether to classify a site as a special protection area under regulation 12.
(2) Any person given the opportunity under paragraph (1) of appearing before and being heard by a person appointed by the Secretary of State may—
(a) be represented by another person;
(b) call persons to give evidence; and
(c) put questions to any person who gives evidence at the hearing, including any person who gives expert evidence.
(3) The Secretary of State must consider any report of a person appointed by him under paragraph (1).
15. In these Regulations a “European offshore marine site” means any of the following located in the offshore marine area—
(a) a special area of conservation;
(b) a site of Community importance which has been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive;
(c) a site hosting a priority natural habitat type or priority species in respect of which consultation has been initiated under Article 5(1) of the Habitats Directive, during the consultation period or pending a decision of the Council under Article 5(3);
(d) a site classified as a special protection area under regulation 12; and
(e) a site which has been proposed to the Commission by the Secretary of State as a site eligible for designation as a special area of conservation for the purposes of meeting the United Kingdom’s obligations under Article 4(1) of the Habitats Directive until such time as—
(i) the site is placed on the list of sites of Community importance referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive; or
(ii) agreement is reached or a decision is taken pursuant to Article 4(2) of that Directive that the site is not to be placed on that list.
16.—(1) The Secretary of State must compile and maintain, in such form as he thinks fit, a register of European offshore marine sites.
(2) The Secretary of State must include in the register the following sites located in the offshore marine area—
(a) special areas of conservation, as soon as they are designated by him;
(b) sites of Community importance, as soon as they are placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive, until such time as they are designated as special areas of conservation;
(c) any site hosting a priority natural habitat type or priority species in respect of which consultation has been initiated under Article 5(1) of the Habitats Directive, during the consultation period or pending a Council decision under Article 5(3);
(d) special protection areas as soon as they are classified as such by him; and
(e) any site which has been proposed to the Commission by the Secretary of State as a site eligible for designation as a special area of conservation for the purposes of meeting the United Kingdom’s obligations under Article 4(1) of the Habitats Directive until such time as is mentioned in regulation 15(e).
(3) The register must—
(a) in relation to each site included in it, provide the site’s co-ordinates and a chart delineating its boundaries;
(b) in relation to a site which is a special area of conservation, specify the natural habitat types listed in Annex I to the Habitats Directive and the species listed in Annex II to that Directive for which the site was designated as a special area of conservation;
(c) in relation to a site which has been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive, specify the natural habitat types listed in Annex I to the Habitats Directive and the species listed in Annex II to that Directive for which the site was placed on that list;
(d) in relation to a site in respect of which consultation has been initiated under Article 5(1) of the Habitats Directive, specify the priority natural habitat type and priority species which the Secretary of State considers the site hosts;
(e) in relation to a site which is a special protection area, specify the bird species for which the site was so classified; and
(f) in relation to a site which is of the type mentioned in paragraph (2)(e), specify the natural habitat types listed in Annex I to the Habitats Directive and the species listed in Annex II to that Directive for which the site was proposed by the Secretary of State to the Commission.
(4) The Secretary of State may amend any entry in the register.
(5) The Secretary of State must remove the relevant entry—
(a) if a special area of conservation is declassified by the Commission pursuant to Article 9 of the Habitats Directive; or
(b) if a site otherwise ceases to fall within any of the categories listed in paragraph (2).
(6) The Secretary of State must keep a copy of the register entries available for public inspection at all reasonable hours and free of charge.
17.—(1) After including a site in the register, amending an entry in the register or removing an entry from the register, the Secretary of State must give notice of having done so to—
(a) the Joint Nature Conservation Committee;
(b) the devolved administrations;
(c) any of the following which in his opinion ought to be notified—
(i) competent authorities which exercise functions in relation to the site which is affected; and
(ii) competent authorities which exercise functions in relation to a marine area adjacent to the site which is affected;
(d) any international organisations who in his opinion ought to be notified; and
(e) such other persons as in his opinion ought to be notified.
(2) Where a site adjoins the territory of another member State, the Secretary of State must, after including such a site in the register, amending an entry relating to such a site in the register, or removing an entry relating to such a site from the register, give notice of having done so to such authorities of that State as he considers appropriate.
(3) Where the Secretary of State gives notice under paragraph (1) or (2) in respect of the inclusion of a site in the register or the amendment of an entry in the register, the notice must be accompanied by a copy of—
(a) in the case of a notice of the inclusion of a site in the register, the register entry;
(b) in the case of a notice of the amendment of an entry in the register, the amended entry.
18. As soon as is reasonably practicable after a European offshore marine site has been included in the register, the Joint Nature Conservation Committee must—
(a) establish conservation objectives for the site and notify those objectives to such competent authorities as it considers appropriate; and
(b) advise such competent authorities as it considers appropriate of any operations which in its opinion may adversely affect the integrity of the site.
19.—(1) Any competent authority which exercises functions in relation to a European offshore marine site may, subject to paragraph (6), establish a management scheme for that site.
(2) A management scheme—
(a) must set out how the competent authorities establishing the scheme propose to exercise their functions so as to secure in relation to that site compliance with the requirements of the Habitats Directive; and
(b) where it relates to a site which has been designated as a special area of conservation, must set out how, for the purposes of securing compliance with the requirements of Article 6(1) of the Habitats Directive, the competent authorities establishing it propose to exercise their functions in order to maintain or restore at a favourable conservation status—
(i) the natural habitat types listed in Annex I to the Habitats Directive which are found at the site; and
(ii) the species listed in Annex II to that Directive which are found at the site.
(3) Before establishing a management scheme, the competent authorities concerned must consult—
(a) the Joint Nature Conservation Committee;
(b) such other competent authorities having functions in relation to the site as they consider appropriate; and
(c) where the site adjoins a European marine site, such other persons who are parties to a management scheme for that European marine site as they consider appropriate.
(4) Any competent authority consulted under paragraph (3)(b) must be given the opportunity of participating in the establishment of the scheme.
(5) A competent authority may establish a single management scheme for two or more European offshore marine sites.
(6) Only one management scheme may be established for each European offshore marine site.
(7) A competent authority which has established a management scheme must review the scheme periodically, initially by the fifth anniversary of the date of the scheme’s establishment and thereafter by each fifth anniversary of that date.
(8) A management scheme may be amended at any time, but before amending a scheme the competent authority which established it must—
(a) consult the Joint Nature Conservation Committee; and
(b) consult such other persons as they consider appropriate.
(9) Before establishing or amending a management scheme for a site, the competent authorities concerned must have regard to—
(a) any conservation objectives established for the site under regulation 18(a); and
(b) any advice provided under regulation 18(b) relating to that site.
(10) As soon as a management scheme has been established or is amended, the competent authorities concerned must ensure that a copy of the scheme, or the amended scheme (as the case may be) is provided to—
(a) the Secretary of State;
(b) the devolved administrations;
(c) those consulted under paragraph (3); and
(d) such other persons as the Secretary of State may direct.
(11) The Secretary of State may amend or revoke a direction under paragraph (10)(d).
(12) In paragraph (3)(c), “European marine site” means any site which is a European marine site for the purposes of the 1994 Regulations or the Conservation (Natural Habitats, &c.) Regulations (Northern Ireland) 1995(33).
20. Where a management scheme has been established, any competent authority which established that scheme must take reasonable steps to exercise its functions in accordance with that scheme.
21. Where a European offshore marine site adjoins a special area of conservation or a special protection area which has been (respectively) designated or classified by another member State, the Secretary of State must consult that State in relation to the co-ordinated management of the site and the area in question.
22.—(1) In relation to any site designated as a special area of conservation under regulation 11, competent authorities must, in so far as their functions may be so exercised, exercise such of their functions as they consider appropriate for the purpose of giving effect to Article 6(1) of the Habitats Directive by taking conservation measures corresponding to the ecological requirements of—
(a) the natural habitat types listed in Annex I to that Directive present on the site; and
(b) the species listed in Annex II to that Directive which are present on the site.
(2) In considering what conservation measures may be necessary for the purposes of paragraph (1) in relation to a site, competent authorities must have regard to—
(a) the need to maintain at, or restore to, favourable conservation status the natural habitat types and species mentioned in paragraph (1) which are present on the site;
(b) the matters referred to in Article 2(3) of the Habitats Directive; and
(c) any management scheme which has been established for the site.
(3) In so far as the duty in paragraph (1) has been met in respect of a site by any competent authority in Scotland, that paragraph does not apply to any other competent authority in respect of that site.
(4) Before a competent authority (other than a competent authority in Scotland) exercises any relevant function for the purposes of complying with paragraph (1), it must first consult the Scottish Ministers.
(5) Where, in relation to any site designated as a special area of conservation under regulation 11, paragraph (1) imposes a duty on more than one competent authority—
(a) where the competent authorities do not include a competent authority in Scotland, the Secretary of State may give a direction that, in respect of any measure that may be necessary, the duty of the competent authorities in question is to be satisfied by the taking of that measure by such competent authority or authorities as the Secretary of State may specify in the direction, and any such direction shall have effect in the terms stated in the direction; and
(b) where the competent authorities include one or more competent authorities in Scotland, the relevant administration may give a direction that, in respect of any measure that may be necessary, the duty of the competent authorities in question is to be satisfied by the taking of that measure by such competent authority or authorities as the relevant administration may specify in the direction, and any such direction shall have effect in the terms stated in the direction.
(6) A direction under paragraph (5)(b) may not be given unless the Scottish Ministers and the Secretary of State have agreed that it may.
(7) In this regulation—
“competent authority in Scotland” means a competent authority whose functions are exercisable solely in or as regards Scotland;
“the relevant administration” means—
in relation to a competent authority in Scotland, the Scottish Ministers; and
in relation to a competent authority other than a competent authority in Scotland, the Secretary of State; and
“relevant function” means any function exercisable for the purpose of securing any result which may instead be secured by the exercise of any function of the Scottish Ministers.
23.—(1) In so far as their functions may be exercised to secure that appropriate steps are taken for the purpose mentioned in paragraph (2), competent authorities must exercise their functions to secure that such steps are taken.
(2) The purpose referred to in paragraph (1) is the avoidance of—
(a) the disturbance of species specified in paragraph (3); and
(b) the deterioration of habitat or habitat types specified in paragraph (4).
(3) The disturbance of species referred to in paragraph (2) is—
(a) in any site designated as a special area of conservation under regulation 11, the disturbance of any of the species listed in Annex II to the Habitats Directive for which the site was so designated, in so far as such disturbance could be significant in relation to the objectives of that Directive;
(b) in any site in the offshore marine area which has been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive, the disturbance of any of the species listed in Annex II to the Habitats Directive for which the site was placed on that list, in so far as such disturbance could be significant in relation to the objectives of that Directive;
(c) in any site in the offshore marine area hosting a priority natural habitat type or priority species in respect of which consultation has been initiated under Article 5(1) of the Habitats Directive, the disturbance of any priority species, in so far as such disturbance could be significant in relation to the objectives of that Directive; and
(d) in any site classified as a special protection area under regulation 12, the disturbance of any of the species of bird for which the site was so classified, in so far as such disturbance could be significant in relation to the objectives of the Habitats Directive or the Wild Birds Directive.
(4) The deterioration of habitat or habitat types referred to in paragraph (2) is—
(a) in any site designated as a special area of conservation under regulation 11—
(i) the deterioration of the habitat of any of the species listed in Annex II to the Habitats Directive for which the site was so designated, and
(ii) the deterioration of any of the natural habitat types listed in Annex I to the Habitats Directive for which the site was so designated;
(b) in any site in the offshore marine area which has been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive—
(i) the deterioration of the habitat of any of the species listed in Annex II to the Habitats Directive for which the site was placed on that list, and
(ii) the deterioration of any of the natural habitat types listed in Annex I to the Habitats Directive for which the site was placed on that list;
(c) in any site in the offshore marine area hosting a priority natural habitat type or priority species in respect of which consultation has been initiated under Article 5(1) of the Habitats Directive—
(i) the deterioration of the habitat of any such species, and
(ii) the deterioration of any priority natural habitat type; and
(d) in any site classified as a special protection area under regulation 12, the deterioration of the habitats of any of the species of bird for which the site was classified as a special protection area.
(5) The obligation in paragraph (1) only applies in relation to a site specified in paragraph (3)(c) or (4)(c)—
(a) during the consultation period; or
(b) where the Commission forwards a proposal to the Council regarding the site under Article 5(2) of the Habitats Directive, until such time as the Council makes a decision under Article 5(3) in relation to the site.
(6) In considering the steps (if any) to be secured under paragraph (1), competent authorities must have regard to—
(a) the need to maintain at, or restore to, favourable conservation status the natural habitat types and species specified in paragraphs (3) and (4), and the habitats of those species, which are present on the site concerned;
(b) the matters referred to in Article 2(3) of the Habitats Directive;
(c) any management scheme which has been established for the site concerned; and
(d) the objectives of the Habitats Directive and, where appropriate, the Wild Birds Directive.
(7) In so far as the duty in paragraph (1) has been met in respect of a site by any competent authority in Scotland, that paragraph does not apply to any other competent authority in respect of that site.
(8) Before a competent authority (other than a competent authority in Scotland) exercises any relevant function for the purposes of complying with paragraph (1), it must first consult the Scottish Ministers.
(9) Where, in respect of any site mentioned in paragraph (3) or (4), paragraph (1) imposes a duty on more than one competent authority—
(a) where the competent authorities do not include a competent authority in Scotland, the Secretary of State may give a direction that, in respect of any step that may be necessary, the duty of the competent authorities in question is to be satisfied by the taking of that step by such competent authority or authorities as the Secretary of State may specify in the direction, and any such direction shall have effect in the terms stated in the direction; and
(b) where the competent authorities include one or more competent authorities in Scotland, the relevant administration may give a direction that, in respect of any step that may be necessary, the duty of the competent authorities in question is to be satisfied by the taking of that step by such competent authority or authorities as the relevant administration may specify in the direction, and any such direction shall have effect in the terms stated in the direction.
(10) A direction under paragraph (9)(b) may not be given unless the Scottish Ministers and the Secretary of State have agreed that it may.
(11) Paragraph (1) shall not apply where—
(a) the cause of the disturbance of species or deterioration of habitat or habitat types specified in paragraph (3) or (4) is a plan or project that has been agreed to under regulation 26; or
(b) the disturbance of species specified in paragraph (3) is not unlawful under regulation 32 or Part 3 of these Regulations.
(12) In this regulation—
“competent authority in Scotland” means a competent authority whose functions are exercisable solely in or as regards Scotland;
“the relevant administration” means—
in relation to a competent authority in Scotland, the Scottish Ministers; and
in relation to a competent authority other than a competent authority in Scotland, the Secretary of State; and
“relevant function” means any function exercisable for the purpose of securing any result which may instead be secured by the exercise of any function of the Scottish Ministers.
24.—(1) — In these Regulations a “European site” means any of the following located in the United Kingdom—
(a) a special area of conservation;
(b) a site of Community importance which has been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive;
(c) a site hosting a priority natural habitat type or priority species in respect of which consultation has been initiated under Article 5(1) of the Habitats Directive, during the consultation period mentioned in Article 5(2) or pending a decision of the Council under Article 5(3);
(d) a site classified as a special protection area pursuant to Article 4(1) or (2) of the Wild Birds Directive; and
(e) a site which has been proposed to the Commission by the Secretary of State or any of the devolved administrations as a site eligible for designation as a special area of conservation for the purposes of meeting the United Kingdom’s obligations under Article 4(1) of the Habitats Directive, until such time as—
(i) it is placed on the list of sites of Community importance referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive, or
(ii) agreement is reached or a decision is taken pursuant to Article 4(2) of that Directive that the site is not to be placed on that list.
(2) For the purposes of paragraph (1), where consultation is initiated by the Commission in accordance with Article 5(1) of the Habitats Directive with respect to a site in the United Kingdom hosting a priority natural habitat type or priority species, and—
(a) it is agreed between the Commission and the Secretary of State, within the six-month period mentioned in Article 5(2) of the Habitats Directive, that the site should be selected as a site of Community importance; or
(b) the Council, acting on a proposal from the Commission in pursuance of Article 5(2) of the Habitats Directive, decides that the site should be so selected,
the site is to be treated as having been placed on the list referred to in the third sub-pa