The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007

Duty of competent authorities

6.—(1) In relation to the offshore marine area, any competent authority having functions relevant to marine conservation must exercise those functions so as to secure compliance with the requirements of the Habitats Directive and the Wild Birds Directive.

(2) Paragraph (1) applies, in particular, to functions under the following enactments—

(a) the Whaling Industry (Regulation) Act 1934(1);

(b) section 34 of the Coast Protection Act 1949(2) (restriction of works detrimental to navigation);

(c) the Sea Fish (Conservation) Act 1967(3);

(d) the Prevention of Oil Pollution Act 1971(4);

(e) the Fishery Limits Act 1976(5);

(f) the Fisheries Act 1981(6);

(g) Part 2 of the Food and Environment Protection Act 1985(7) (deposits in the sea);

(h) the Radioactive Substances Act 1993(8);

(i) sections 128 and 129 of the Merchant Shipping Act 1995(9) (prevention of pollution from ships and further provision for prevention of pollution from ships);

(j) the Pollution Prevention and Control Act 1999(10);

(k) the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996(11);

(l) the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998(12);

(m) the Offshore Installations (Emergency Pollution Control) Regulations 2002(13); and

(n) these Regulations.

(1)

1934 c.49.

(2)

1949 c.74. Section 34 was amended by section 36(1) and (2) of the Merchant Shipping Act 1998 (c.12).

(3)

1967 c.84.

(4)

1971 c.60.

(5)

1976 c.86.

(6)

1981 c.29.

(7)

1985 c.48.

(8)

1993 c.12. An Order in Council under section 11 of the Petroleum Act 1998 (c.17) may make provision for applying the 1993 Act to offshore installations in areas designated under section 1(7) of the Continental Shelf Act 1964 (c.29).

(9)

1995 c.21. Section 128 was amended by sections 12 and 29 of, and paragraph 3(2) of Schedule 6 and paragraph 3(3) of Schedule 7 to, the Merchant Shipping and Maritime Security Act 1997 (c.28), and by section 2 of the Merchant Shipping (Pollution) Act 2006 (c.8).

(10)

1999 c.24.

(11)

S.I. 1996/2154, amended by S.I. 1997/1910, 1999/1957, 2000/483, 2004/303 and 2005/1916.

(12)

S.I. 1998/1056.

(13)

S.I. 2002/1861.