The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2009

Amendments

4.  In regulation 39—

(a) in paragraph (1)(b), omit the words from “in such a way” to the end;

(b) after paragraph (1) insert—

“(1A) For the purposes of paragraph (1)(b), disturbance of animals includes in particular any disturbance which is likely—

(a) to impair their ability—

(i) to survive, to breed or reproduce, or to rear or nurture their young; or

(ii) in the case of animals of a hibernating or migratory species, to hibernate or migrate; or

(b) to affect significantly the local distribution or abundance of the species to which they belong.”; and

(c) for paragraphs (7) and (8) substitute—

“(7) The Secretary of State, or the Joint Nature Conservation Committee with the approval of the Secretary of State, may publish guidance as to the application of the offences in paragraph (1)(b) or (d) in relation to particular species of animals or particular activities.

(8) In proceedings for an offence under paragraph (1)(b) or (d), a court must take into account any relevant guidance published under paragraph (7).”.