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The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995

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Special provisions as to European marine sites

Marking of site and advice by the Secretary of State

28.  (1)  The Secretary of State may install markers indicating the existence and extent of a European marine site.

(2) As soon as possible after a site becomes a European marine site, the Secretary of State shall advise the relevant authorities as to—

(a)the conservation objectives for that site, and

(b)any operations which may cause deterioration of natural habitats or the habitats of species, or disturbance of species for which the site has been designated.

Management scheme for European marine site

29.  (1)  The Department, the Department of Agriculture and the relevant authorities, or any of them, may establish for a European marine site a management scheme under which their functions (including any power to make byelaws) shall be exercised so as to secure in relation to that site compliance with the requirements of the Habitats Directive.

(2) Only one management scheme may be made for each European marine site.

(3) A management scheme may be amended from time to time.

(4) As soon as a management scheme has been established by the relevant authority or authorities, or is amended, a copy of it shall be sent by the relevant authority or authorities concerned to the Secretary of State.

Direction to establish or amend management scheme

30.  (1)  The Secretary of State, or persons authorised on his behalf, may give directions to the relevant authorities, or any of them, as to the establishment of a management scheme for a European marine site.

(2) Directions may, in particular—

(a)require conservation measures specified in the direction to be included in the scheme;

(b)appoint one of the relevant authorities to co-ordinate the establishment of the scheme;

(c)set time limits within which any steps are to be taken;

(d)provide that the approval of the Secretary of State is required before the scheme is established; and

(e)require any relevant authority to supply to the Secretary of State such information concerning the establishment of the scheme as may be specified in the direction.

(3) The Secretary of State, or persons authorised on his behalf, may give directions to the relevant authorities, or any of them, as to the amendment of a management scheme for a European marine site, either generally or in any particular respect.

(4) Any direction under this regulation shall be in writing and may be varied or revoked by a further direction.

Byelaws for protection of European marine site

31.  (1)  The Secretary of State may make byelaws for the protection of a European marine site under Article 21 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985(1) (byelaws for the protection of marine nature reserves).

(2) The provisions of paragraphs (2) to (7) of that Article apply in relation to byelaws made by virtue of this regulation with the substitution for the references to marine nature reserves of references to European marine sites.

(3) Nothing in the byelaws made by virtue of this regulation shall interfere with the exercise of any functions of a relevant authority, any functions conferred by or under a statutory provision (whenever made) or any right of any person (whenever vested).

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