PART 1Introductory and General Provisions
Duties in relation to wild bird habitatC110
1
Without prejudice to regulation 9(1), the appropriate authority, the nature conservation bodies and, in relation to the marine area, a competent authority must take such steps in the exercise of their functions as they consider appropriate to secure the objective in paragraph (3), so far as lies within their powers.
2
Except in relation to the marine area, the Environment Agency, the Forestry Commissioners M1, local authorities, the Broads Authority and National Park authorities must take such steps in the exercise of their functions as they consider appropriate to contribute to the achievement of the objective in paragraph (3).
3
The objective is the preservation, maintenance and re-establishment of a sufficient diversity and area of habitat for wild birds in the United Kingdom, including by means of the upkeep, management and creation of such habitat, as appropriate, having regard to the requirements of Article 2 of the new Wild Birds Directive (measures to maintain the population of bird species).
4
Paragraph (1) applies, in particular, to—
a
functions under these Regulations;
b
functions under the following enactments—
i
sections 17, 18, 20 and 21(6) of the 1949 Act (nature reserves) M2;
ii
section 7 of the Natural Environment and Rural Communities Act 2006 (management agreements);
iii
Parts 3, 4, 5 and 6 of the Marine Act (marine planning, marine licensing, nature conservation and management of inshore fisheries, respectively);
c
any function exercisable in relation to town and country planning.
5
Paragraph (2) applies, in particular, to—
a
functions under these Regulations;
b
functions under the following enactments—
i
sections 21 and 90 of the 1949 Act (nature reserves and local authority byelaws, respectively) M3;
ii
sections 3 and 10 of the Forestry Act 1967 (management of forestry land, and applications for felling licence and decision of Commissioners thereon, respectively) M4;
iii
sections 3 and 6 of the Norfolk and Suffolk Broads Act 1988 (the Broads Plan and byelaws, respectively) M5;
iv
section 66 of the Environment Act 1995 (National Park Management Plans) M6;
v
sections 38 and 39 of the Flood and Water Management Act 2010 (which relate to incidental flooding or coastal erosion) M7;
c
any function exercisable in relation to town and country planning.
6
In section 123(3)(a) of the Marine Act (creation of network of conservation sites), as it applies in relation to the marine area M8, the reference to “the conservation or improvement of the marine environment” includes the objective in paragraph (3), and accordingly the duty in section 124 of the Marine Act (report) applies in relation to that objective.
7
In considering which measures may be appropriate for the purpose of securing or contributing to the objective in paragraph (3), appropriate account must be taken of economic and recreational requirements.
8
So far as lies within its powers, a competent authority in exercising any function in or in relation to the United Kingdom must use all reasonable endeavours to avoid any pollution or deterioration of habitats of wild birds (except habitats beyond the outer limits of the F1seaward limits of the offshore marine area (as defined in regulation 4(2)).
9
The appropriate authority must take any steps it considers necessary to facilitate or co-ordinate arrangements to secure the taking of steps under paragraphs (1) and (2) by the bodies mentioned in those paragraphs.
10
After consultation with the appropriate nature conservation body, the appropriate authority must give guidance to the Environment Agency, the Forestry Commissioners, the Natural Resources Body for Wales, local authorities, the Broads Authority, National Park authorities and any other competent authority it considers appropriate—
a
to facilitate the determination by those bodies of the extent to which the diversity and area of habitat for wild birds is sufficient; and
b
on the steps that it may be appropriate to take under paragraph (1) or (2).
11
In exercising a function to which paragraph (1) or (2) applies, a body to which guidance has been given under paragraph (10) must have regard to that guidance.
12
In this regulation—
a
references in paragraphs (1), (9) and (10) to the appropriate authority—
i
to the extent that this regulation applies in relation to Scotland, include the Secretary of State exercising functions in relation to Scotland; and
ii
to the extent that this regulation applies in relation to Northern Ireland, include the Secretary of State exercising functions in relation to Northern Ireland;
b
in paragraphs (1) and (2), “marine area” includes—
i
the Northern Ireland inshore region; and
ii
the Scottish inshore region; and
c
“local authority” has the same meaning as in regulation 7.