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Statutory Instruments

2007 No. 1842

wildlife

The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007

Made

24th June 2007

Laid before Parliament

3rd July 2007

Coming into force

21st August 2007

Contents

Go to Preamble

  1. PART 1

    INTRODUCTORY PROVISIONS

    1. 1. Citation and commencement

    2. 2. Interpretation

    3. 3. Application to the Crown

    4. 4. Rights under international law

    5. 5. Meaning of “competent authority”

    6. 6. Duty of competent authorities

  2. PART 2

    CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES

    1. European offshore marine sites

      1. 7. List of sites eligible for identification as of Community importance

      2. 8. Notification of a proposal for a site of Community importance

      3. 9. Modification of list of sites

      4. 10. Consultation as to inclusion of site omitted from the list

      5. 11. Designation of special areas of conservation

      6. 12. Classification of sites as special protection areas

      7. 13. Notification of a proposal to classify a special protection area

      8. 14. Hearings

      9. 15. Meaning of “European offshore marine site” in these Regulations

      10. 16. Duty to compile and maintain a register of European offshore marine sites

      11. 17. Notification of changes to the register

    2. Site protection and management

      1. 18. Establishment of nature conservation objectives

      2. 19. Management schemes for European offshore marine sites

      3. 20. Duty in relation to management schemes

      4. 21. Co-ordinated management of sites

      5. 22. Conservation measures relating to special areas of conservation

      6. 23. Prevention of deterioration of habitats and disturbance of species

    3. Plans and projects

      1. 24. Meaning of “European site” in these Regulations

      2. 25. Protection of European offshore marine sites and European sites

      3. 26. Considerations of overriding public interest

      4. 27. Review of existing decisions and consents

      5. 28. Consideration on review

      6. 29. Co-ordination where more than one competent authority is involved

      7. 30. Compensatory measures

      8. 31. Notification of compensatory measures

    4. Offences

      1. 32. Offences relating to European offshore marine sites

  3. PART 3

    PROTECTION OF SPECIES

    1. 33. Application of offences in Part 3

    2. Protection of birds

      1. 34. Protection of wild birds, their eggs and nests

      2. 35. Defences to the offences in regulation 34

      3. 36. Prohibition of certain methods of capturing or killing wild birds

      4. 37. Sale etc of live or dead wild birds, eggs etc

      5. 38. Penalties

    3. Protection of wild animals

      1. 39. Protection of wild animals listed in Annex IV(a) to the Habitats Directive

      2. 40. Defences to the offences in regulation 39

      3. 41. Prohibition of certain methods of capturing or killing wild animals

      4. 42. Penalties

    4. Protection of plants

      1. 43. Offences relating to wild plants listed in Annex IV(b) to the Habitats Directive

  4. PART 4

    ADDITIONAL PROTECTION OF HABITATS AND WILD ANIMALS AND PLANTS

    1. Duties relating to surveillance and monitoring

      1. 44. Surveillance of conservation status of habitats and species

      2. 45. Protection of certain animals and plants from exploitation

      3. 46. Monitoring incidental capture and killing

      4. 47. Protection from incidental capture and killing

    2. Introduction of new species

      1. 48. Introduction of new species

  5. PART 5

    LICENCES

    1. 49. Power to grant licences

    2. 50. Licences: supplementary provisions

    3. 51. False statements made for obtaining licence

  6. PART 6

    ENFORCEMENT AND SUPPLEMENTARY PROVISION RELATING TO CRIMINAL OFFENCES

    1. Enforcement

      1. 52. Wildlife officers

      2. 53. Powers of boarding, entry and inspection

      3. 54. Additional powers

      4. 55. Powers to make inquiries and examine things

      5. 56. Powers relating to specimens

      6. 57. Powers relating to documents and recording evidence of offences

      7. 58. Further powers in relation to ships

      8. 59. Assistance for wildlife officers

      9. 60. Power to use reasonable force

      10. 61. Liability of wildlife officers

      11. 62. Offences in relation to wildlife officers

    2. Supplementary provision relating to criminal offences

      1. 63. Jurisdiction of courts

      2. 64. Possession of means of committing offence

      3. 65. Offences by bodies corporate, &c.

      4. 66. Territorial Waters Jurisdiction Act 1878

  7. PART 7

    MISCELLANEOUS

    1. 67. Research

    2. 68. Nature conservation education

    3. 69. Re-introduction of species

    4. 70. Advisory role of the JNCC

    5. 71. Advice on appropriate assessments

    6. 72. Reports to the Commission

    7. 73. Form of communications

    8. 74. Notices

    9. 75. Amendments to the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001

    1. SCHEDULE 1

      EUROPEAN PROTECTED SPECIES

    2. SCHEDULE 2

      EXCLUDED POPULATIONS OF CERTAIN SPECIES

    3. SCHEDULE 3

      ANIMALS WHICH MAY NOT BE TAKEN OR KILLED IN CERTAIN WAYS

Go to Explanatory Note

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.

In the exercise of the powers conferred by section 2(2)(3) of, and paragraph 1A(4) of Schedule 2 to, the European Communities Act 1972, he makes the following Regulations:

(3)

In so far as these Regulations deal with matters that are within the devolved competence of Scottish Ministers, the power of the Secretary of State to make regulations in relation to those matters in or as regards Scotland is preserved by section 57(1) of the Scotland Act 1998 (c.46). Back [3]

(4)

Paragraph 1A was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51). Back [4]

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