The Conservation of Offshore Marine Habitats and Species Regulations 2017

1. Introductory Text

2. PART 1 INTRODUCTORY PROVISIONS

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Application to the Crown

   4. 4. Rights under international law

   5. 5. Meaning of “competent authority”

   6. 6. Duty of competent authorities

3. PART 2 CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES

   1. European offshore marine sites

      1. 7. List of sites eligible for identification as of Community importance

      2. 8. Notification of a proposal for a site of Community importance

      3. 9. Modification of list of sites

      4. 10. Consultation as to inclusion of site omitted from the list

      5. 11. Designation of special areas of conservation

      6. 12. Classification of sites as special protection areas

      7. 13. Classification of sites in the Scottish offshore region and the Welsh offshore region as special protection areas

      8. 14. Notification of a proposal to classify a special protection area

      9. 15. Hearings

      10. 16. Hearings conducted by the Scottish Ministers

      11. 17. Hearings conducted by the Welsh Ministers

      12. 18. Meaning of “European offshore marine site”

      13. 19. Register of European offshore marine sites

      14. 20. Notification of changes to the register

   2. Site protection and management

      1. 21. Establishment of nature conservation objectives

      2. 22. Management schemes for European offshore marine sites

      3. 23. Duty in relation to management schemes

      4. 24. Co-ordinated management of sites

      5. 25. Conservation measures relating to special areas of conservation

      6. 26. Prevention of deterioration of habitats and disturbance of species

   3. Plans and projects

      1. 27. Meaning of “European site”

      2. 28. Protection of European offshore marine sites and European sites

      3. 29. Considerations of overriding public interest

      4. 30. Agreement to plan or project: England and Northern Ireland

      5. 31. Agreement to plan or project: Scotland

      6. 32. Agreement to plan or project: Wales

      7. 33. Review of existing decisions and consents

      8. 34. Consideration on review

      9. 35. Co-ordination where more than one competent authority is involved

      10. 36. Compensatory measures

      11. 37. Notification of compensatory measures

   4. Offences

      1. 38. Offences relating to European offshore marine sites

4. PART 3 PROTECTION OF SPECIES

   1. 39. Application of offences in Part 3

   2. Protection of birds

      1. 40. Protection of wild birds, their eggs and nests

      2. 41. Defences to the offences in regulation 40

      3. 42. Prohibition of certain methods of capturing or killing wild birds

      4. 43. Sale etc. of live or dead wild birds, eggs etc.

      5. 44. Penalties

   3. Protection of wild animals

      1. 45. Protection of wild animals listed in Annex IV(a) to the Habitats Directive

      2. 46. Defences to the offences in regulation 45

      3. 47. Prohibition of certain methods of capturing or killing wild animals

      4. 48. Penalties

   4. Protection of plants

      1. 49. Offences relating to wild plants listed in Annex IV(b) to the Habitats Directive

5. PART 4 ADDITIONAL PROTECTION OF HABITATS AND WILD ANIMALS AND PLANTS

   1. Duties relating to surveillance and monitoring

      1. 50. Surveillance of conservation status of habitats and species

      2. 51. Protection of certain animals and plants from exploitation

      3. 52. Monitoring incidental capture and killing

      4. 53. Protection from incidental capture and killing

   2. Introduction of new species

      1. 54. Introduction of new species

6. PART 5 LICENCES

   1. 55. Power to grant licences

   2. 56. Licences: supplementary provisions

   3. 57. False statements made for obtaining licence

7. PART 6 ENFORCEMENT AND SUPPLEMENTARY PROVISION RELATING TO CRIMINAL OFFENCES

   1. Enforcement

      1. 58. Wildlife officers

      2. 59. Enforcement functions of wildlife officers appointed by the Scottish Ministers or the Welsh Ministers and competent authorities in Scotland or Wales

      3. 60. Powers of boarding, entry and inspection

      4. 61. Additional powers

      5. 62. Powers to make inquiries and examine things

      6. 63. Powers relating to specimens

      7. 64. Powers relating to documents and recording evidence of offences

      8. 65. Further powers in relation to ships

      9. 66. Assistance for wildlife officers

      10. 67. Power to use reasonable force

      11. 68. Liability of wildlife officers

      12. 69. Offences in relation to wildlife officers

   2. Supplementary provision relating to criminal offences

      1. 70. Jurisdiction of courts

      2. 71. Possession of means of committing offence

      3. 72. Offences by bodies corporate etc.

      4. 73. Territorial Waters Jurisdiction Act 1878

8. PART 7 MISCELLANEOUS

   1. 74. Research

   2. 75. Nature conservation education

   3. 76. Re-introduction of species

   4. 77. Advisory role of the Joint Committee

   5. 78. Advice on appropriate assessments

   6. 79. Reports to the Commission

   7. 80. Form of communications

   8. 81. Notices

   9. 82. Review

   10. 83. Revocations

   11. 84. Consequential amendments

   12. 85. Saving

   13. 86. Transitional provisions

9. Signature

10. 1. SCHEDULE 1

       EUROPEAN PROTECTED SPECIES

    2. SCHEDULE 2

       EXCLUDED POPULATIONS OF CERTAIN SPECIES

    3. SCHEDULE 3

       ANIMALS WHICH MAY NOT BE TAKEN OR KILLED IN CERTAIN WAYS

    4. SCHEDULE 4

       AMENDMENTS TO LEGISLATION

       1. PART 1 PRIMARY LEGISLATION

          1. 1. Amendment of the Town and Country Planning Act 1990

          2. 2. Amendment of the Marine and Coastal Access Act 2009

          3. 3. Amendment of the Marine (Scotland) Act 2010

       2. PART 2 SUBORDINATE LEGISLATION

          1. 4. Amendment of the Legislative and Regulatory Reform (Regulatory Functions) Order 2007

          2. 5. Amendment of the Marine Management Organisation (Prescription of Powers to Fix Fees and Charges) Order 2010

          3. 6. Amendment of the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010

          4. 7. Amendment of the Marine Strategy Regulations 2010

          5. 8. Amendment of the Marine Licensing (Exempted Activities) (Scottish Offshore Region) Order 2011

          6. 9. Amendment of the Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011

          7. 10. Amendment of the Marine Licensing (Exempted Activities) Order 2011

          8. 11. Amendment of the Marine Licensing (Exempted Activities) (Wales) Order 2011

          9. 12. Amendment of the Neighbourhood Planning (General) Regulations 2012

          10. 13. Amendment of the Nitrate Pollution Prevention (Wales) Regulations 2013

          11. 14. Amendment of the Marine Licensing (Application Fees) Regulations 2014

          12. 15. Amendment of the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015

          13. 16. Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2015

          14. 17. Amendment of the Nitrate Pollution Prevention Regulations 2015

          15. 18. Amendment of the Environmental Damage (Prevention and Remediation) (England) Regulations 2015

          16. 19. Amendment of the Town and Country Planning (Brownfield Land Register) Regulations 2017

          17. 20. Amendment of the Electricity Works (Environmental Impact Assessment) England and Wales Regulations 2017

          18. 21. Amendment of the Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017

11. Explanatory Note