The Conservation of Offshore Marine Habitats and Species Regulations 2017

JurisdictionUK Non-devolved
CitationSI 2017/1013
  • These Regulations may be cited as the Conservation of Offshore Marine Habitats and Species Regulations 2017 and come into force on 30th November 2017
  • (1) In these Regulations—
    • the 1994 Regulations” means the Conservation (Natural Habitats, &c.) Regulations 1994 ;
    • the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017 ;
    • F113“the United Kingdom territory” means “the United Kingdom (including its internal waters) , the territorial sea adjacent and the offshore marine area;
    • a British aircraft” means an aircraft registered in the United Kingdom;
    • British fishery limits” has the meaning given by the Fishery Limits Act 1976 ;
    • competent authority” has the meaning given in regulation 5;
    • competent authority in Scotland” means a competent authority whose functions are exercisable solely in or as regards Scotland or the Scottish offshore region;
    • competent authority in Wales” means a competent authority whose functions are exercisable solely in relation to Wales or the Welsh offshore region;
    • DAERA” means Department of Agriculture, Environment and Rural Affairs;
    • devolved administrations” means the Scottish Ministers, the Welsh Ministers and, in Northern Ireland, the DAERA;
    • Energy Act licence” means a licence which is granted (or is to be granted) under Part 1 of the Energy Act 2008 ;
    • European offshore marine site” has the meaning given by regulation 18;
    • European protected species” means the species of animals listed in Schedule 1;
    • European site” has the meaning given by regulation 27;
    • functions” includes powers and duties;
    • the Habitats Directive” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, and any reference to an Annex to that Directive is a reference to that Annex as amended from time to time F114under regulation 144 of the 2017 Regulations;
    • 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 1998 , 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 2008 ;
      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; and
      • (b) an abandonment programme under that Part, as it applies by virtue of section 30 of the Energy Act 2008;
    • the Joint Committee” means the Joint Nature Conservation Committee ;
    • management scheme” means—
      • (a) for the purposes of regulation 22(3) (c) , a scheme established under regulation 34 of the 1994 Regulations, regulation 29 of the Conservation (Natural Habitats, &c.) Regulations (Northern Ireland) 1995 or regulation 38 of the 2017 Regulations; and
      • (b) for all other purposes, a scheme established under regulation 22(1) ;
    • F115“the national site network” means the network of sites in the United Kingdom’s territory consisting of such sites as—
      • (a) immediately before exit day formed part of Natura 2000; or
      • (b) at any time on or after exit day are European sites or European marine sites for the purposes of any of the retained transposing regulations;
    • Natura 2000” means the European network of special areas of conservation, and special protection areas under the Wild Birds Directive, provided for by Article 3(1) of the Habitats...

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