The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995

Implementation of Directive

3.—(1) These Regulations make provision for the purpose of implementing, for Northern Ireland, Council Directive 92/43/EEC(1) on the conservation of natural habitats and of wild fauna and flora (referred to in these Regulations as “the Habitats Directive”).

(2) The Department shall exercise its functions under the enactments relating to nature conservation so as to secure compliance with the requirements of the Habitats Directive.

Those enactments include—

• Parts V and VI of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985(2);

• Part II of the Wildlife (Northern Ireland) Order 1985(3); and these Regulations.

(3) In relation to marine areas any competent authority having functions relevant to marine conservation shall exercise those functions so as to secure compliance with the requirements of the Habitats Directive.

This applies, in particular, to the functions under the following enactments—

• Foyle Fisheries Act (Northern Ireland) 1952(4),

• Fisheries Act (Northern Ireland) 1966(5),

• Section 2(2) of the Military Lands Act 1900(6) (provisions as to use of sea, tidal water or shore),

• Harbours Act (Northern Ireland) 1970(7),

• Articles 20 and 21 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (marine nature reserves),

• Water Act (Northern Ireland) 1972(8),

• Water and Sewerage Service (Northern Ireland) Order 1973(9),

• Drainage (Northern Ireland) Order 1973(10), and these Regulations.

(4) Without prejudice to the preceding provisions, every competent authority in the exercise of any of its functions shall have regard to the requirements of the Habitats Directive so far as they may be affected by the exercise of those functions.

(1)

O.J. No. L. 206, 22.7.92 p.7

(2)

S.I. 1985/170 (N.I. 1); relevant amendments were made by the Nature Conservation and Amenity Lands (Amendment) (Northern Ireland) Order 1989 (S.I. 1989/492 (N.I. 3))

(3)

S.I. 1985/171 (N.I. 2)

(4)

1952 c. 5 (N.I.)

(5)

1966 c. 17 (N.I.)

(6)

1900 c. 56; the power conferred by Section 2(2) was extended by Section 7 of the Land Powers (Defence) Act 1958 (c. 30)

(7)

1970 c. 1 (N.I.)

(8)

1972 c. 5 (N.I.)

(9)

S.I. 1973/70 (N.I. 2)

(10)

S.I. 1973/69 (N.I. 1)