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The Conservation of Offshore Marine Habitats and Species Regulations 2017

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Duty of competent authorities

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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)sections 128 and 129 of the Merchant Shipping Act 1995(8) (prevention of pollution from ships and further provision for prevention of pollution from ships);

(i)the Pollution Prevention and Control Act 1999(9);

(j)the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996(10);

(k)the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998(11);

(l)the Offshore Installations (Emergency Pollution Control) Regulations 2002(12);

(m)the Planning Act 2008(13);

(n)the Marine Act, in particular any functions under Parts 3, 4, 5 and 6 of that Act (marine planning, marine licensing, nature conservation and management of inshore fisheries, respectively); and

(o)these Regulations.

(3) Without prejudice to the generality of paragraph (1), in relation to the offshore marine area a competent authority must take such steps in the exercise of its functions as it considers appropriate to secure the objective in paragraph (4), so far as lies within its powers.

(4) The objective is the preservation, maintenance and re-establishment of a sufficient diversity and area of habitat for wild birds in the United Kingdom, including by means of the upkeep, management and creation of such habitat, as appropriate, having regard to the requirements of Article 2 of the Wild Birds Directive.

(5) In paragraph (4), “the United Kingdom” includes the offshore marine area.

(6) In subsection (3)(a) of section 123 of the Marine Act (creation of network of conservation sites), as it applies in relation to the offshore marine area(14), the reference to “the conservation or improvement of the marine environment” includes the objective in paragraph (4), and accordingly the duty in section 124 of the Marine Act (report) applies in relation to that objective.

(7) In considering which measures may be appropriate for the purpose of securing or contributing to the objective in paragraph (4), appropriate account must be taken of economic and recreational requirements.

(8) In this regulation “the Marine Act” means the Marine and Coastal Access Act 2009(15).

(2)

1949 c. 74. Section 34 was amended by section 36(1) and (2) of the Merchant Shipping Act 1998 (c. 12), and repealed, subject to transitional provisions by the Marine and Coastal Access Act (c. 23), Part 1, paragraph 1 of Schedule 8; section 34 was repealed in relation to Scotland by the Marine (Scotland) Act 2010 (2010 asp 5), Part 1, paragraph 1 of Schedule 4. For transitional provisions in relation to England and Wales, see the 2009 Act, Part 2, paragraph 2, and Part 4, paragraph 9, of Schedule 9.

(8)

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

(11)

S.I. 1998/1056, amended by S.I. 2015/386 and 2016/992.

(12)

S.I. 2002/1861, amended by S.I. 2010/1513 and 2015/664.

(14)

Section 123(3)(a) applies in relation to the “UK marine area”, defined in section 42 of the Marine Act in terms which include the area comprised in the offshore marine area.

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