PART IINTRODUCTORY PROVISIONS

Implementation of Directive3

1

These Regulations make provision for the purpose of implementing, for Great Britain, Council Directive 92/43/EEC8 on the conservation of natural habitats and of wild fauna and flora (referred to in these Regulations as “the Habitats Directive”).

2

The Secretary of State, the Minister of Agriculture, Fisheries and Food and the nature conservation bodies shall exercise their functions under the enactments relating to nature conservation so as to secure compliance with the requirements of the Habitats Directive.

Those enactments include–

  • Part III of the National Parks and Access to the Countryside Act 19499,

  • section 49A of the Countryside (Scotland) Act 196710 (management agreements),

  • section 15 of the Countryside Act 196811 (areas of special scientific interest),

  • Part I and sections 28 to 38 of the Wildlife and Countryside Act 198112,

  • sections 131 to 134 of the Environmental Protection Act 199013,

  • sections 2, 3, 5, 6, 7 and 11 of the Natural Heritage (Scotland) Act 199114, 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 functions under the following enactments–

  • the Sea Fisheries Acts within the meaning of section 1 of the Sea Fisheries (Wildlife Conservation) Act 199215,

  • the Dockyard Ports Regulation Act 186516,

  • section 2(2) of the Military Lands Act 190017 (provisions as to use of sea, tidal water or shore),

  • the Harbours Act 196418,

  • Part II of the Control of Pollution Act 197419,

  • sections 36 and 37 of the Wildlife and Countryside Act 198120 (marine nature reserves),

  • sections 120 to 122 of the Civic Government (Scotland) Act 198221 (control of the seashore, adjacent waters and inland waters),

  • the Water Resources Act 199122,

  • the Land Drainage Act 199123, and

  • these Regulations.

4

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