The Conservation (Natural Habitats, etc.) (Amendment) Regulations (Northern Ireland) 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (“the 1995 Regulations”) which make provision for implementing Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna (“the Habitats Directive”)(1). These Regulations also transpose certain aspects of Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds (“the Wild Birds Directive”)(2).

Regulation 3 changes the definition of the Wild Birds Directive to mean Directive 2009/147/EC, which replaced Council Directive 79/409/EEC(3)and provides for the meaning of terms used both in the 1995 Regulations and the Wild Birds Directive.

Regulation 4 inserts new regulations 8A and 8B into the 1995 Regulations as follows:

(a) Regulation 8A of the 1995 Regulations places a duty on the Department of the Environment (or the Secretary of State for sites consisting of marine areas) to classify as special protection areas all sites that require to be classified pursuant to Articles 4(1) and 4(2) of the Wild Birds Directive.

(b) Regulation 8B of the 1995 Regulations provides for the notification of a proposal to classify a site as a special protection area to all relevant bodies and persons who may have an interest in the classification.

(1)

O.J. No L206,22.7.1992, p.7, last amended by Council Directive 2006/105/EC (OJ No L363, 20.12.2006, p.368).

(2)

O.J. No L20, 26.1.2010, p.7. This instrument codifies, with minor amendments, Council Directive 1979/409/EEC as amended.

(3)

O.J. No L103, 25.4.1979, p.1.