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- Point in Time (21/08/2007)
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Version Superseded: 31/12/2020
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There are currently no known outstanding effects for the The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001, Section 6.
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6.—(1) Subject to paragraph (2) below, [F1regulation 5(3)] above shall not apply to the doing of anything in connection with the carrying out of any relevant project affecting a relevant site—
(a)to which, in the opinion of the Secretary of State, there is no satisfactory alternative; and
(b)which the Secretary of State has certified in writing as a project which should be carried out for imperative reasons of overriding public interest, which may include reasons of a social or economic nature.
(2) The Secretary of State shall not give a certification pursuant to paragraph (1)(b) above in respect of a project that is likely to have an adverse effect on the integrity of a site hosting a priority natural habitat type or a priority species unless—
(a)the reason for so certifying relates to human health or public safety, or to beneficial consequences of primary importance for the environment; or
(b)he has obtained the opinion of the European Commission as to whether the project might be carried out for imperative reasons of overriding public interest other than those referred to in sub-paragraph (a) above and his decision to give a certification is consistent with that opinion.
(3) Where the Secretary of State has given a certification pursuant to paragraph (1)(b) above, he shall secure that any necessary compensatory measures are taken to ensure that the overall coherence of Natura 2000 is protected, and in determining what such necessary compensatory measures may be, he shall consult the [F2appropriate nature conservation body].
(4) The Secretary of State shall—
(a)at such intervals as he shall think fit carry out or cause to be carried out such investigation as he shall consider appropriate in relation to the effects of [F3offshore oil and gas activities] on the conservation status of natural habitats and species of wild fauna and flora, with particular regard to priority habitat types and priority species; and
(b)in the light of the results of such investigation consider whether he ought to exercise any relevant power for the purposes of protecting such a natural habitat or species.
Textual Amendments
F1Words in reg. 6(1) substituted (21.8.2007) by The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 (revoked) 2007 (S.I. 2007/1842), regs. 1, 75(c) (with reg. 3)
F2Words in reg. 6(3) substituted (18.2.2007) by The Offshore Petroleum Activities (Conservation of Habitats) (Amendment) Regulations 2007 (S.I. 2007/77), regs. 1, 2(6)(a)
F3Words in reg. 6(4)(a) substituted (18.2.2007) by The Offshore Petroleum Activities (Conservation of Habitats) (Amendment) Regulations 2007 (S.I. 2007/77), regs. 1, 2(6)(b)
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