The Environmental Targets (Marine Protected Areas) Regulations 2022

Interpretation

2.  In these Regulations—

“the 2021 Act” means the Environment Act 2021;

“England” includes—

(a)

the English inshore region, and

(b)

the English offshore region,

within the meaning of the Marine and Coastal Access Act 2009(1);

“the nature conservation bodies” means Natural England(2) and the Joint Nature Conservation Committee(3);

“protected feature” means a marine habitat or type of marine habitat, a species or assemblage of species of marine flora or fauna or a feature or assemblage of geological or geomorphological interest specified in the second column of the Schedule in relation to a relevant marine protected area;

“relevant marine protected area” (or “relevant MPA”) means—

(a)

a marine conservation zone (“MCZ”) designated by an order made under section 116(1) of the Marine and Coastal Access Act 2009 (“MCZ designation order”) specified in the first column of the Schedule;

(b)

a special area of conservation (“SAC”) within the meaning of regulation 3(1) of the Conservation of Habitats and Species Regulations 2017(4) specified in the first column of the Schedule;

(c)

a special protection area (“SPA”) classified—

(i)

pursuant to Article 4(1) or (2) of Council Directive 79/409/EEC on the conservation of wild birds(5) or Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds(6),

(ii)

under regulation 15 of the Conservation of Habitats and Species Regulations 2017, or

(iii)

under regulation 12 of the Conservation of Offshore Marine Habitats and Species Regulations 2017(7),

specified in the first column of the Schedule;

but does not include any part of an MCZ, SAC or SPA which is situated outside England.

(1)

2009 c. 23: see section 322 (interpretation) for the definitions of “English inshore region” and “English offshore region”.

(2)

Natural England was established by section 1(1) of the Natural Environment and Rural Communities Act 2006 (c. 16).

(3)

The Joint Nature Conservation Committee was established by virtue of section 128(4) of the Environmental Protection Act 1990 (c. 43) and subsequently reconstituted by section 31 of, and Schedule 4 to, the Natural Environment and Rural Communities Act 2006.

(4)

S.I. 2017/1012, amended by S.I. 2019/579; there are other amending instruments but none is relevant. S.I. 2019/579 came into force on IP completion day by virtue of paragraph 1(1) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c. 1).

(5)

OJ No. L103, 25.4.1979, p.1: Council Directive 79/409/EEC was repealed by Directive 2009/147/EC.

(6)

OJ No. L 20, 26.1.2010, p.7, as last amended by Regulation (EU)2019/1010, OJ No. L 170, 25.6.2019, p.115.

(7)

S.I. 2017/1013, amended by S.I. 2019/579; there are other amending instruments but none is relevant.