PART 1INTRODUCTORY PROVISIONS

Duty of competent authorities6

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 193429;

b

section 34 of the Coast Protection Act 194930 (restriction of works detrimental to navigation);

c

the Sea Fish (Conservation) Act 196731;

d

the Prevention of Oil Pollution Act 197132;

e

the Fishery Limits Act 197633;

f

the Fisheries Act 198134;

g

Part 2 of the Food and Environment Protection Act 198535 (deposits in the sea);

h

sections 128 and 129 of the Merchant Shipping Act 199536 (prevention of pollution from ships and further provision for prevention of pollution from ships);

i

the Pollution Prevention and Control Act 199937;

j

the Merchant Shipping (Prevention of Oil Pollution) Regulations 199638;

k

the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 199839;

l

the Offshore Installations (Emergency Pollution Control) Regulations 200240;

m

the Planning Act 200841;

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 area42, 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 200943.