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The Conservation of Offshore Marine Habitats and Species Regulations 2017

S.I. 2017/1013 · Made 30 October 2017 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 21 May 2026.

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

S.I. 2008/301.

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

  1. Part 1: INTRODUCTORY PROVISIONS
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Application to the Crown
  5. 4Rights under international law
  6. 5Meaning of “competent authority”
  7. 6Duty of competent authorities
  8. 6ADuty of competent authorities
  9. Part 2: CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES
  10. European offshore marine sites
  11. 7Duty to designate special areas of conservation
  12. 7APriorities for designating special areas of conservation
  13. 8Notification of a proposal for a site of Community importance
  14. 9Modification of list of sites Repealed
  15. 10Consultation as to inclusion of site omitted from the list Repealed
  16. 11Designation of special areas of conservation Repealed
  17. 12Classification of sites as special protection areas
  18. 13Classification of sites in the Scottish offshore region and the Welsh offshore region as special protection areas
  19. 14Notification of a proposal to classify a special protection area
  20. 15Hearings
  21. 16Hearings conducted by the Scottish Ministers Repealed
  22. 17Hearings conducted by the Welsh Ministers Repealed
  23. 18Meaning of “European offshore marine site”
  24. 18AManagement objectives of the national site network
  25. 19Register of European offshore marine sites
  26. 20Notification of changes to the register
  27. Site protection and management
  28. 21Establishment of nature conservation objectives
  29. 22Management schemes for European offshore marine sites
  30. 23Duty in relation to management schemes
  31. 24Co-ordinated management of sites
  32. 25Conservation measures relating to special areas of conservation
  33. 26Prevention of deterioration of habitats and disturbance of species
  34. Plans and projects
  35. 27Meaning of “European site”
  36. 28Protection of European offshore marine sites and European sites
  37. 29Considerations of overriding public interest
  38. 30Agreement to plan or project: England and Northern Ireland
  39. 31Agreement to plan or project: Scotland
  40. 32Agreement to plan or project: Wales
  41. 33Review of existing decisions and consents
  42. 34Consideration on review
  43. 35Co-ordination where more than one competent authority is involved
  44. 36Compensatory measures
  45. 36ACompensatory measures: relevant offshore wind plans or projects
  46. 37Notification of compensatory measures
  47. Offences
  48. 38Offences relating to European offshore marine sites
  49. Part 3: PROTECTION OF SPECIES
  50. 39Application of offences in Part 3
  51. Protection of birds
  52. 40Protection of wild birds, their eggs and nests
  53. 41Defences to the offences in regulation 40
  54. 42Prohibition of certain methods of capturing or killing wild birds
  55. 43Sale etc. of live or dead wild birds, eggs etc.
  56. 44Penalties
  57. Protection of wild animals
  58. 45Protection of wild animals listed in Annex IV(a) to the Habitats Directive
  59. 46Defences to the offences in regulation 45
  60. 47Prohibition of certain methods of capturing or killing wild animals
  61. 48Penalties
  62. Protection of plants
  63. 49Offences relating to wild plants listed in Annex IV(b) to the Habitats Directive
  64. Part 4: ADDITIONAL PROTECTION OF HABITATS AND WILD ANIMALS AND PLANTS
  65. Duties relating to surveillance and monitoring
  66. 50Surveillance of conservation status of habitats and species
  67. 51Protection of certain animals and plants from exploitation
  68. 52Monitoring incidental capture and killing
  69. 53Protection from incidental capture and killing
  70. Introduction of new species
  71. 54Introduction of new species
  72. Part 5: LICENCES
  73. 55Power to grant licences
  74. 55AReport on licences
  75. 56Licences: supplementary provisions
  76. 57False statements made for obtaining licence
  77. Part 6: ENFORCEMENT AND SUPPLEMENTARY PROVISION RELATING TO CRIMINAL OFFENCES
  78. Enforcement
  79. 58Wildlife officers
  80. 59Enforcement functions of wildlife officers appointed by the Scottish Ministers or the Welsh Ministers and competent authorities in Scotland or Wales
  81. 60Powers of boarding, entry and inspection
  82. 61Additional powers
  83. 62Powers to make inquiries and examine things
  84. 63Powers relating to specimens
  85. 64Powers relating to documents and recording evidence of offences
  86. 65Further powers in relation to ships
  87. 66Assistance for wildlife officers
  88. 67Power to use reasonable force
  89. 68Liability of wildlife officers
  90. 69Offences in relation to wildlife officers
  91. Supplementary provision relating to criminal offences
  92. 70Jurisdiction of courts
  93. 71Possession of means of committing offence
  94. 72Offences by bodies corporate etc.
  95. 73Territorial Waters Jurisdiction Act 1878
  96. Part 7: MISCELLANEOUS
  97. 74Research
  98. 75Nature conservation education
  99. 76Re-introduction of species
  100. 77Advisory role of the Joint Committee
  101. 78Advice on appropriate assessments
  102. 79Reports to the Commission Repealed
  103. 80Form of communications
  104. 81Notices
  105. 82Review
  106. 83Revocations
  107. 84Consequential amendments
  108. 84AAmendment of Schedules
  109. 84BStatutory instruments
  110. 85Saving
  111. 86Transitional provisions
  112. 86ATransitional provisions: EU exit
  113. Signature
  114. Schedule 1EUROPEAN PROTECTED SPECIES
  115. Paragraph
  116. Schedule 2EXCLUDED POPULATIONS OF CERTAIN SPECIES
  117. Paragraph
  118. Schedule 2A: Prohibited Methods of Capturing or Killing of Wild Birds
  119. 1Paragraph 1
  120. Schedule 3ANIMALS WHICH MAY NOT BE TAKEN OR KILLED IN CERTAIN WAYS
  121. Paragraph
  122. Schedule 3A: Prohibited Methods of Capturing or Killing Wild Animals
  123. 1Paragraph 1
  124. 2Paragraph 2
  125. Schedule 4: AMENDMENTS TO LEGISLATION
  126. Part
  127. Chapter PART 1: PRIMARY LEGISLATION
  128. 1Amendment of the Town and Country Planning Act 1990
  129. 2Amendment of the Marine and Coastal Access Act 2009
  130. 3Amendment of the Marine (Scotland) Act 2010
  131. Part
  132. Chapter PART 2: SUBORDINATE LEGISLATION
  133. 4Amendment of the Legislative and Regulatory Reform (Regulatory Functions) Order 2007
  134. 5Amendment of the Marine Management Organisation (Prescription of Powers to Fix Fees and Charges) Order 2010
  135. 6Amendment of the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 Repealed
  136. 7Amendment of the Marine Strategy Regulations 2010
  137. 8Amendment of the Marine Licensing (Exempted Activities) (Scottish Offshore Region) Order 2011
  138. 9Amendment of the Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011
  139. 10Amendment of the Marine Licensing (Exempted Activities) Order 2011
  140. 11Amendment of the Marine Licensing (Exempted Activities) (Wales) Order 2011
  141. 12Amendment of the Neighbourhood Planning (General) Regulations 2012
  142. 13Amendment of the Nitrate Pollution Prevention (Wales) Regulations 2013
  143. 14Amendment of the Marine Licensing (Application Fees) Regulations 2014
  144. 15Amendment of the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015
  145. 16Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2015
  146. 17Amendment of the Nitrate Pollution Prevention Regulations 2015
  147. 18Amendment of the Environmental Damage (Prevention and Remediation) (England) Regulations 2015
  148. 19Amendment of the Town and Country Planning (Brownfield Land Register) Regulations 2017
  149. 20Amendment of the Electricity Works (Environmental Impact Assessment) England and Wales Regulations 2017
  150. 21Amendment of the Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017
  151. Explanatory note