(7) Where, in response to a request from the Department under paragraph (4)(b) the Committee provides an opinion that the development is likely to have the effect stated in that paragraph, the Department, in making an appropriate assessment under paragraph (6), shall take account of any representations made by the Committee in relation to the development.

(8) The provisions of Articles 32 and 33 of the 1991 Order shall, subject to any necessary modifications, apply to an application under this regulation, and to the determination thereof, as they apply to applications for planning permission under the 1991 Order and to the determination of such applications.”.

25.  In regulation 57 (special development orders)—

(a) in the heading to the regulation after “orders” insert “and European sites in Northern Ireland”; and

(b) in subparagraph (a) after “European site” insert “in Northern Ireland”.

26.  After regulation 57 (special development orders) insert the following regulation—

“Special development orders and European offshore marine sites

57A.  A special development order made after the 21^st August 2007 may not grant planning permission for development which is likely to have a significant effect on a European offshore marine sites (either alone or in combination with other plans or projects).”.

27.  In regulation 58 (simplified planning zones)—

(a) in the heading to the regulation after “zones” insert “and European sites in Northern Ireland”; and

(b) in subparagraph (a) after “European site” insert “in Northern Ireland”.

28.  After regulation 58 (simplified planning zones) insert the following regulation—

“Simplified planning zones and European offshore marine sites

58A.  The adoption of a simplified planning zone scheme after the 21^st August 2007 shall not have effect to grant planning permission for development which is likely to have a significant effect on a European offshore marine site (either alone or in combination with other plans or projects).”.

29.  In regulation 59 (enterprise zones)—

(a) in the heading to the regulation after “zones” insert “and European sites in Northern Ireland”; and

(b) in subparagraph (a) after “European sites” insert “in Northern Ireland”.

30.  After regulation 59 (enterprise zones) insert the following regulation—

“Enterprise zones and European offshore marine sites

59A.  An order designating an enterprise zone, or the adoption of a modified scheme, if made or adopted after the 21^st August 2007, shall not have effect to grant planning permission for development which is likely to have a significant effect on a European offshore marine site (either alone or in combination with other plans or projects).”.

31.  In regulation 62 (construction of roads)—

(a) in paragraph (1) for “European site” substitute “European sites in Northern Ireland and European offshore marine sites”; and

(b) in paragraph (2) after “European site” insert “in Northern Ireland or a European offshore marine site”.

32.  In regulation 63 (licences under Part II of the Waste and Contaminated Land (Northern Ireland) Order 1997)—

(a) in paragraph (1) for “a European site” substitute “European sites in Northern Ireland and European offshore marine sites”;

(b) in paragraph (2) after “European site” insert “in Northern Ireland or a European offshore marine site”; and

(c) in paragraph (4) after “European site” insert “in Northern Ireland or a European offshore marine site”.

33.  In regulation 63A (permits under the Pollution Prevention and Control Regulations (Northern Ireland) 2003)—

(a) in paragraph (1) for “European site” substitute “European sites in Northern Ireland and European offshore marine sites”;

(b) in paragraph (2) after “European site” insert “in Northern Ireland or a European offshore marine site”; and

(c) in paragraph (4) after “European site” insert “in Northern Ireland or a European offshore marine site”.

34.  In regulation 64 (discharge consents under water pollution legislation)—

(a) in paragraph (1) for “European site” substitute “European sites in Northern Ireland and European offshore marine sites”;

(b) in paragraph (2) after “European site” insert “in Northern Ireland or a European offshore marine site”; and

(c) in paragraph (4) after “European site” insert “in Northern Ireland or a European offshore marine site”.

35.  After Part IV (adaptation of planning and other controls) insert a new Part IVA as set out in the Schedule to these Regulations.

36.  After regulation 72 insert the following regulations—

“Application of criminal offences to the Crown

73.—(1) No contravention by the Crown of any provision made by these Regulations makes the Crown criminally liable; but the High Court may, on the application of any person appearing to the Court to have an interest, declare unlawful an act or omission of the Crown which constitutes such a contravention.

(2) Notwithstanding paragraph (1), the provisions of these Regulations apply to persons in the public service of the Crown as they apply to any other person.

Advisory role of the JNCC

74.—(1) The Joint Nature Conservation Committee may provide advice or make representations to any competent authority in relation to—

(a) any question about whether that authority is obliged to carry out an appropriate assessment in relation to a European offshore marine site under these Regulations;

(b) any appropriate assessment upon which that authority is obliged to consult it under these Regulations;

(c) any application made pursuant to paragraph (1) of regulation 56 and sent to the Committee by that authority pursuant to paragraph (4)(a) of that regulation.

(2) The Joint Nature Conservation Committee may undertake, commission or support (whether by financial means or otherwise) such research and other scientific work which it considers is required for the purposes of providing advice or making representations under this regulation.

(3) In this regulation “research” includes inquiries and investigations.”.

Amendments to the Wildlife (Northern Ireland) Order 1985

37.  The Wildlife (Northern Ireland) Order 1985(12) is amended as follows.

38.  In the list of animals contained in Schedule 5 (animals which are protected at all times)—

(a) delete the entries relating to “Bats (all species)”, “Cetaceans (all species)” and “Otter, Common”;

(b) in the column entitled “Common name” after “Marten, Pine” insert “Mussel, Freshwater”;

(c) in the column entitled “Scientific name” after “Martes Martes” insert “Margaritifera margaritifera”.

39.  In the list of animals in Schedule 7 (animals which may not be sold alive or dead at any time) delete the entries relating to “Bats (all species)” and “Otter, Common”.

40.  In the list of plants in Schedule 8 (plants which are protected under Article 14(1)(a) and (2)) delete the entries relating to “Fern, Killarney” and “Saxifrage, Yellow Marsh”.