The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010
| Year | 2010 |
2010 No. 491
Wildlife
The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010
Made 1st March 2010
Laid before Parliament 8th March 2010
Coming into force 1st April 2010
The Secretary of State is designated1for the purposes of making Regulations under section 2(2) of the European Communities Act 19722(“the Act”) in relation to the environment.
These Regulations and the Regulations they amend, the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 20073(“the principal Regulations”), make provision for a purpose mentioned in section 2(2) of the Act. The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 contain references to Directive 92/43/EECon the conservation of natural habitats and of wild flora and fauna4(“the Habitats Directive”) and Directive 79/409/EECon the conservation of wild birds5, which has been repealed and replaced by Directive 2009/147/ECof the European Parliament and of the Council on the conservation of wild birds6(“the Wild Birds Directive”). It appears to the Secretary of State that it is expedient for any reference in the principal Regulations to an Annex to the Habitats Directive or to the Wild Birds Directive to be construed as a reference to that Annex as amended from time to time7.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A8of Schedule 2 to, the Act.
Title and commencement
1. These Regulations may be cited as the Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 and come into force on 1st April 2010.
Amendments to the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007
2. The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 are amended as follows.
Amendments to regulation 2
3. In regulation 2 (interpretation)—
(a) for paragraph (1)(a)(ii), substitute—
“(ii)
“(ii) “the Wild Birds Directive” means Directive 2009/147/ECof the European Parliament and of the Council on the conservation of wild birds9; and”; and
(b) in paragraph (2)—
(i) after the definition of “competent authority”, insert—
““competent authority in Scotland” means a competent authority whose functions are exercisable solely in or as regards Scotland or the Scottish offshore region;”;
(ii) after the definition of “functions”, insert—
““installation abandonment measures” means any measures taken in connection with the abandonment of—
(a) an offshore installation within the meaning of Part 4 of the Petroleum Act 199810, or submarine pipeline within the meaning of that Part, or
(b) a carbon storage installation, within the meaning of section 30 of the Energy Act 200811,
whether or not the measures are taken in pursuance of an abandonment programme, and for this purpose “an abandonment programme” means—
(a) an abandonment programme under Part 4 of the Petroleum Act 1998;
(b) an abandonment programme under that Part, as it applies by virtue of section 30 of the Energy Act 2008;”;
(iii) after the definition of “Scotland”, insert—
““Scottish inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Scotland;
“Scottish offshore region” means so much of the offshore marine area as lies outside the Scottish inshore region and consists of—
(a) areas of sea which lie within the Scottish zone,
(b) areas of sea which lie outside the Scottish zone but which are nearer to any point on the baselines from which the breadth of the territorial sea adjacent to Scotland is measured than to any point on the baselines in any other part of the United Kingdom, and
(c) any part of the seabed and subsoil subjacent to those areas of sea;
“Scottish zone” has the same meaning as in the Scotland Act 199812;”;
(iv) after the definition of “ship”, insert—
““territorial sea” means the territorial sea of the United Kingdom;”; and
(v) for the definition of “wildlife officer”, substitute—
““wildlife officer” means a person authorised by—
(a) the Secretary of State or the Scottish Ministers under regulation 52(1);
(b) a competent authority under regulation 52(2); or
(c) a competent authority in Scotland under regulation 52(2A);”.
Amendment to regulation 6
4. In regulation 6(2) (duty of competent authorities), for sub-paragraphs (m) and (n) substitute—
“(m)
“(m) the Offshore Installations (Emergency Pollution Control) Regulations 200213;
(n)
(n) the Planning Act 200814;
(o)
(o) the Marine and Coastal Access Act 200915; and
(p)
(p) these Regulations.”.
Amendments to regulation 7
5. In regulation 7 (list of sites eligible for identification as of Community importance)—
(a) after paragraph (1) insert—
“1A The Scottish Ministers must transmit to the Secretary of State a list of those sites in the Scottish offshore region which they regard as eligible for selection as sites of Community importance.”;
(b) after paragraph (2) insert—
“2A The Scottish Ministers must select the sites to be included in the list under paragraph (1A) only on the basis of the criteria set out in Annex III (Stage 1) to the Habitats Directive and relevant scientific information.”;
(c) in paragraph (3), after “paragraph (1)” insert “or (1A)”;
(d) after paragraph (4), insert—
“4A In respect of an aquatic species which ranges over wide areas, a site is only eligible to be selected under paragraph (2A) if it appears to the Scottish Ministers to constitute a clearly identifiable area which is distinct in providing the physical and biological features essential to that species for life and reproduction.”; and
(e) in paragraph (5), for “list transmitted to the Commission under paragraph (1)” substitute “list transmitted to the Secretary of State under paragraph (1A) and the list transmitted to the Commission under paragraph (1)”.
Amendments to regulation 8
6. In regulation 8 (notification of a proposal for a site of Community importance)—
(a) after paragraph (1), insert—
“1A Paragraph (1) does not apply in relation to any site which the Scottish Ministers have included in the list transmitted by them under regulation 7(1A).
1B If the Scottish Ministers propose to include a site in the list to be transmitted by them under regulation 7(1A), the Scottish Ministers must give to the Joint Nature Conservation Committee—
(a) notice of that proposal; and
(b) an accompanying statement of their reasons for that proposal.
1C But the Scottish Ministers may not give notice of a proposal to the Committee as described in paragraph (1B) unless the Secretary of State has agreed to that proposal.”;
(b) for paragraph (2) substitute—
“2 Where, under paragraph (1) or (1B), the Joint Nature Conservation Committee is given notice of a proposal, the Committee must give notice of that proposal and provide a copy of the accompanying statement of reasons for that proposal to the following—
(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;
(d) such other persons as the Secretary of State directs;
(e) where the Scottish Ministers have given notice under paragraph (1B)—
(i) the Secretary of State; and
(ii) such other persons as the Scottish Ministers direct.”;
(c) in paragraphs (4) and (5), for “Secretary of State” substitute “the relevant administration”;
(d) after paragraph (6), insert—
“6A The Scottish Ministers may issue guidance to the Joint Nature Conservation Committee for the purposes of its functions under this regulation in relation to a proposal under paragraph (1B), and the Committee must have regard to that guidance in discharging any of those functions.”;
(e) in paragraph (7), at the end insert “, and the Scottish Ministers may vary or revoke a direction under paragraph (2)(e)(ii)”; and
(f) after paragraph (7), add—
“8 In this regulation—
“the relevant administration” means—
(a) in relation to a report concerning a proposal under paragraph (1), the Secretary of State; and
(b) in relation to a report concerning a proposal under paragraph (1B), the Scottish Ministers.”.
Amendments to regulation 9
7. In regulation 9 (modification of list of sites)—
(a) after paragraph (1), insert—
“1A Where the Scottish Ministers consider it appropriate, in the light of the results of the surveillance referred to in Article 11 of the Habitats Directive or otherwise, they must propose to the Secretary of State modifications of the list of sites in the Scottish offshore region which has been transmitted to the Commission under regulation 7(1).”;
(b) after paragraph (2), insert—
“2A Paragraph (2) does not apply in relation to any modification which has been proposed by the Scottish Ministers under paragraph (1A).
2B Before the Scottish Ministers propose a modification under paragraph (1A), the Scottish Ministers must, if they consider it appropriate, give to the Joint Nature Conservation Committee—
(a) notice of their intention to propose that modification; and
(b) an accompanying statement of their reasons for intending to propose it.
2C But the Scottish Ministers may not give notice of their intention to propose a modification to the Committee as described in paragraph (2B) unless the Secretary of State has agreed to that proposal.”;
(c) for paragraph 3, substitute—
“3 Where the Joint...
To continue reading
Request your trial