The Conservation (Natural Habitats, etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Amendments of regulation 2 (Interpretation and application)

5.—(1) Regulation 2 is amended as follows.

(2) In paragraph (2)—

(a) after the definition of “competent authority”, insert—

““conservation” has the meaning given by Article 1(a) of the Habitats Directive;

“conservation status” and “favourable conservation status” have the meanings given by paragraphs (e) (in relation to habitats) and (i) (in relation to species) of Article 1 of the Habitats Directive;”;

(b) after the definition of “marine area”, insert—

““the national site network” means the network of sites in the United Kingdom’s territory consisting of such sites as—

(a)

immediately before exit day formed part of Natura 2000; or

(b)

at any time on or after exit day are European sites, European marine sites and European offshore marine sites for the purposes of any of the retained transposing regulations;”;

(c) in the definition of “Natura 2000”, at the end insert— “(but see paragraphs (5) and (6))”;

(d) after the definition of “owner”, insert—

““offshore marine area” means—

(a)

any part of the seabed and subsoil situated in any area designated under section 1(7) of the Continental Shelf Act 1964 (exploration and exploitation of continental shelf(1); and

(b)

any part of the waters within British fishery limits(2)(except the internal waters of, and the territorial sea adjacent to, the United Kingdom, the Channel Islands and the Isle of Man);”;

(e) after the definition of “relevant authorities”, insert—

““the requirements of the Directives” is to be interpreted in accordance with paragraphs (3) and (4) of regulation 2A;

“the retained transposing regulations” means—

(i)

the Offshore Marine Conservation Regulations 2017(3);

(ii)

the Conservation of Habitats and Species Regulations 2017(4);

(iii)

the Conservation (Natural Habitats, &c.) Regulations 1994(5); and

(iv)

these Regulations;

and “the other retained transposing regulations” means the retained transposing regulations other than these Regulations;;”;

(f) after the definition of “simplified planning zone”, insert—

““special area of conservation” has the meaning given by Article1(l) of the Habitats Directive and includes any such site designated after exit day under the retained transposing regulations;”; and

(g) after the definition of “statutory undertaker”, insert—

““the United Kingdom’s territory” means the United Kingdom and the offshore marine area;”.

(3) In paragraph (2A)(b), for “as amended from time to time”, substitute “as it had effect immediately before exit day, or as subsequently amended under regulation 77”.

(4) For paragraph (3) substitute—

“(3) Expressions not defined in paragraph (2) which are used in these Regulations and also in the Habitats Directive have the meaning they bear in that Directive.”.

(5) After paragraph (4), insert—

“(5) For the purposes of these Regulations, and any guidance issued before exit day by the Department relating to the application of these Regulations, on or after exit day, references to “Natura 2000” (other than in this regulation) are to be construed as references to the national site network.

(6) Paragraph (5) does not affect the interpretation of these Regulations as they had effect, or any guidance as it applied, before exit day.”.

(1)

1964 c. 29. Section 1(7) was amended by the oil and Gas (Enterprise) Act 1982 (c. 23), Schedule 3, paragraph 1; and the Energy Act 2011 (c.16), section 103. Areas have been designated under section 1(7) by S.I. 1987/1265 and 2013/3162.

(2)

As defined by section 1 of Fishery Limits Act 1976 (c. 86).

(3)

S.I. 2017/1013.

(4)

S.I. 2017/1012.

(5)

S.I. 1994/2716. Relevant amendments are made by paragraph 15 of Schedule 2 to the Land Reform (Scotland) Act 2003 (asp 2), by S.I. 1997/3055, 2007/1843 and 2010/490, and by S.S.I. 2004/475, 2007/80, 2011/155 and 2012/228.