The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001

Projects which should be carried out for imperative reasons of overriding public interest U.K.

6.—(1) Subject to paragraph (2) below, [F1 regulation 5(3)] above shall not apply to the doing of anything in connection with the carrying out of any relevant project affecting a relevant site—

(a) to which, in the opinion of the Secretary of State, there is no satisfactory alternative; and

(b) which the Secretary of State has certified in writing as a project which should be carried out for imperative reasons of overriding public interest, which may include reasons of a social or economic nature.

(2) The Secretary of State shall not give a certification pursuant to paragraph (1)(b) above in respect of a project that is likely to have an adverse effect on the integrity of a site hosting a priority natural habitat type or a priority species unless—

(a) the reason for so certifying relates to human health or public safety, or to beneficial consequences of primary importance for the environment; or

[F2 (b) the Secretary of State has consulted, and had regard to the opinion of—

(i) the Joint Nature Conservation Committee;

(ii) the Scottish Ministers;

(iii) the Department of Agriculture, Environment and Rural Affairs;

(iv) the Welsh Ministers; and

(v) any other person the Secretary of State considers appropriate.]

(3) Where the Secretary of State has given a certification pursuant to paragraph (1)(b) above, he shall secure that any necessary compensatory measures are taken to ensure that the overall coherence of [F3 the national site network] is protected, and in determining what such necessary compensatory measures may be, he shall consult the [F4 appropriate nature conservation body].

(4) The Secretary of State shall—

(a) at such intervals as he shall think fit carry out or cause to be carried out such investigation as he shall consider appropriate in relation to the effects of [F5 offshore oil and gas activities] on the conservation status of natural habitats and species of wild fauna and flora, with particular regard to priority habitat types and priority species; and

(b) in the light of the results of such investigation consider whether he ought to exercise any relevant power for the purposes of protecting such a natural habitat or species.

[F6 (5) In this regulation, “the national site network” means such sites as—

(a) immediately before exit day formed part of Natura 2000, or

(b) at any time on or after exit day are a relevant site.]

Textual Amendments

F1 Words in reg. 6(1) substituted (21.8.2007) by The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 (revoked) 2007 (S.I. 2007/1842), regs. 1, 75(c) (with reg. 3)

F2 Reg. 6(2)(b) substituted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 76(2); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 6(3) substituted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 76(3); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 6(3) substituted (18.2.2007) by The Offshore Petroleum Activities (Conservation of Habitats) (Amendment) Regulations 2007 (S.I. 2007/77), regs. 1, 2(6)(a)

F5 Words in reg. 6(4)(a) substituted (18.2.2007) by The Offshore Petroleum Activities (Conservation of Habitats) (Amendment) Regulations 2007 (S.I. 2007/77), regs. 1, 2(6)(b)

F6 Reg. 6(5) inserted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 76(4); 2020 c. 1, Sch. 5 para. 1(1)