The Conservation of Offshore Marine Habitats and Species Regulations 2017
S.I. 2017/1013 · Made 30 October 2017 · Extends to United Kingdom
Wildlife
Made 30th October 2017
Laid before Parliament 31st October 2017
Coming into force 30th November 2017
The Secretary of State is designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to the environment.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for any reference in these Regulations 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.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) M3 of, and paragraph 1A M4 of Schedule 2 to, the European Communities Act 1972.
Annotations to the whole text
Marginal citations
- M1
- M2
1972 c. 68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), Part 3, section 27(1); and the European Union (Amendment) Act 2008 (c. 7), Part 1 of the Schedule.
- M3
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).
- M4
Paragraph 1A was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).
Contents
- Part 1: INTRODUCTORY PROVISIONS
- 1Citation and commencement
- 2Interpretation
- 3Application to the Crown
- 4Rights under international law
- 5Meaning of “competent authority”
- 6Duty of competent authorities
- 6ADuty of competent authorities
- Part 2: CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES
- European offshore marine sites
- 7Duty to designate special areas of conservation
- 7APriorities for designating special areas of conservation
- 8Notification of a proposal for a site of Community importance
- 9Modification of list of sites Repealed
- 10Consultation as to inclusion of site omitted from the list Repealed
- 11Designation of special areas of conservation Repealed
- 12Classification of sites as special protection areas
- 13Classification of sites in the Scottish offshore region and the Welsh offshore region as special protection areas
- 14Notification of a proposal to classify a special protection area
- 15Hearings
- 16Hearings conducted by the Scottish Ministers Repealed
- 17Hearings conducted by the Welsh Ministers Repealed
- 18Meaning of “European offshore marine site”
- 18AManagement objectives of the national site network
- 19Register of European offshore marine sites
- 20Notification of changes to the register
- Site protection and management
- 21Establishment of nature conservation objectives
- 22Management schemes for European offshore marine sites
- 23Duty in relation to management schemes
- 24Co-ordinated management of sites
- 25Conservation measures relating to special areas of conservation
- 26Prevention of deterioration of habitats and disturbance of species
- Plans and projects
- 27Meaning of “European site”
- 28Protection of European offshore marine sites and European sites
- 29Considerations of overriding public interest
- 30Agreement to plan or project: England and Northern Ireland
- 31Agreement to plan or project: Scotland
- 32Agreement to plan or project: Wales
- 33Review of existing decisions and consents
- 34Consideration on review
- 35Co-ordination where more than one competent authority is involved
- 36Compensatory measures
- 36ACompensatory measures: relevant offshore wind plans or projects
- 37Notification of compensatory measures
- Offences
- 38Offences relating to European offshore marine sites
- Part 3: PROTECTION OF SPECIES
- 39Application of offences in Part 3
- Protection of birds
- 40Protection of wild birds, their eggs and nests
- 41Defences to the offences in regulation 40
- 42Prohibition of certain methods of capturing or killing wild birds
- 43Sale etc. of live or dead wild birds, eggs etc.
- 44Penalties
- Protection of wild animals
- 45Protection of wild animals listed in Annex IV(a) to the Habitats Directive
- 46Defences to the offences in regulation 45
- 47Prohibition of certain methods of capturing or killing wild animals
- 48Penalties
- Protection of plants
- 49Offences relating to wild plants listed in Annex IV(b) to the Habitats Directive
- Part 4: ADDITIONAL PROTECTION OF HABITATS AND WILD ANIMALS AND PLANTS
- Duties relating to surveillance and monitoring
- 50Surveillance of conservation status of habitats and species
- 51Protection of certain animals and plants from exploitation
- 52Monitoring incidental capture and killing
- 53Protection from incidental capture and killing
- Introduction of new species
- 54Introduction of new species
- Part 5: LICENCES
- 55Power to grant licences
- 55AReport on licences
- 56Licences: supplementary provisions
- 57False statements made for obtaining licence
- Part 6: ENFORCEMENT AND SUPPLEMENTARY PROVISION RELATING TO CRIMINAL OFFENCES
- Enforcement
- 58Wildlife officers
- 59Enforcement functions of wildlife officers appointed by the Scottish Ministers or the Welsh Ministers and competent authorities in Scotland or Wales
- 60Powers of boarding, entry and inspection
- 61Additional powers
- 62Powers to make inquiries and examine things
- 63Powers relating to specimens
- 64Powers relating to documents and recording evidence of offences
- 65Further powers in relation to ships
- 66Assistance for wildlife officers
- 67Power to use reasonable force
- 68Liability of wildlife officers
- 69Offences in relation to wildlife officers
- Supplementary provision relating to criminal offences
- 70Jurisdiction of courts
- 71Possession of means of committing offence
- 72Offences by bodies corporate etc.
- 73Territorial Waters Jurisdiction Act 1878
- Part 7: MISCELLANEOUS
- 74Research
- 75Nature conservation education
- 76Re-introduction of species
- 77Advisory role of the Joint Committee
- 78Advice on appropriate assessments
- 79Reports to the Commission Repealed
- 80Form of communications
- 81Notices
- 82Review
- 83Revocations
- 84Consequential amendments
- 84AAmendment of Schedules
- 84BStatutory instruments
- 85Saving
- 86Transitional provisions
- 86ATransitional provisions: EU exit
- Signature
- Schedule 1EUROPEAN PROTECTED SPECIES
- Paragraph
- Schedule 2EXCLUDED POPULATIONS OF CERTAIN SPECIES
- Paragraph
- Schedule 2A: Prohibited Methods of Capturing or Killing of Wild Birds
- 1Paragraph 1
- Schedule 3ANIMALS WHICH MAY NOT BE TAKEN OR KILLED IN CERTAIN WAYS
- Paragraph
- Schedule 3A: Prohibited Methods of Capturing or Killing Wild Animals
- 1Paragraph 1
- 2Paragraph 2
- Schedule 4: AMENDMENTS TO LEGISLATION
- Part
- Chapter PART 1: PRIMARY LEGISLATION
- 1Amendment of the Town and Country Planning Act 1990
- 2Amendment of the Marine and Coastal Access Act 2009
- 3Amendment of the Marine (Scotland) Act 2010
- Part
- Chapter PART 2: SUBORDINATE LEGISLATION
- 4Amendment of the Legislative and Regulatory Reform (Regulatory Functions) Order 2007
- 5Amendment of the Marine Management Organisation (Prescription of Powers to Fix Fees and Charges) Order 2010
- 6Amendment of the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 Repealed
- 7Amendment of the Marine Strategy Regulations 2010
- 8Amendment of the Marine Licensing (Exempted Activities) (Scottish Offshore Region) Order 2011
- 9Amendment of the Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011
- 10Amendment of the Marine Licensing (Exempted Activities) Order 2011
- 11Amendment of the Marine Licensing (Exempted Activities) (Wales) Order 2011
- 12Amendment of the Neighbourhood Planning (General) Regulations 2012
- 13Amendment of the Nitrate Pollution Prevention (Wales) Regulations 2013
- 14Amendment of the Marine Licensing (Application Fees) Regulations 2014
- 15Amendment of the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015
- 16Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2015
- 17Amendment of the Nitrate Pollution Prevention Regulations 2015
- 18Amendment of the Environmental Damage (Prevention and Remediation) (England) Regulations 2015
- 19Amendment of the Town and Country Planning (Brownfield Land Register) Regulations 2017
- 20Amendment of the Electricity Works (Environmental Impact Assessment) England and Wales Regulations 2017
- 21Amendment of the Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017
- Explanatory note