Amendments to the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 19954
After regulation 8 (consultation as to inclusion of site omitted from the list) insert—
Classification of sites as special protection areas8A
1
The Department shall classify as special protection areas such sites in Northern Ireland as it considers necessary to ensure that the objective specified in paragraph (2) is met.
2
The objective referred to in paragraph (1) is that those sites across the United Kingdom’s territory which are most suitable in number and size for—
a
the conservation of the species listed in Annex I to the Wild Birds Directive which naturally occur in that territory; and
b
the conservation of regularly occurring migratory species of birds not listed in Annex I which naturally occur in that territory,
are classified as special protection areas.
3
The Department shall make its decision as to the sites to be classified under paragraph (1) only on the basis of relevant scientific information and—
a
in the case of a site to be classified for the purpose mentioned in paragraph (2)(a), on the basis of the criteria set out in Article 4(1) of the Wild Birds Directive; and
b
in the case of a site to be classified for the purpose mentioned in paragraph (2)(b), on the basis of the criteria set out in Article 4(2) of the Wild Birds Directive.
4
Where a site is classified under paragraph (1), the Department shall provide information on that site to the European Commission including—
a
a map or chart of the site;
b
its name, location and extent; and
c
the data resulting from application of the criteria set out in Article 4(1) or Article 4(2) of the Wild Birds Directive.
5
The information specified in paragraph (4) shall be provided in such format as is established by the Commission.
6
In this regulation—
a
“the United Kingdom’s territory” means the United Kingdom (including its internal waters), the territorial sea adjacent to the United Kingdom, and the offshore marine area, and
b
where a site which is classified under paragraph (1) is a European marine site then for the words “the Department” where they occur substitute “the Secretary of State”.
Notification of a proposal to classify a special protection area8B
1
Where the Department proposes to classify a site as a special protection area under regulation 8A, it shall give notice of that proposal and an accompanying statement of its reasons for that proposal to—
a
competent authorities which exercise functions in relation to the site;
b
competent authorities which exercise functions in relation to an area adjacent to the site;
c
every owner and occupier of the site; and
d
such other persons as in its opinion ought to be notified.
2
A notice under paragraph (1) shall specify the time (being not less than 3 months from the date of the giving of the notice) within which representations with respect to the proposal may be made to the Department.
3
The Department shall also publish in at least two newspapers circulating in the area in which the site is located notice—
a
of the proposal to classify the site as a special protection area; and
b
of the place (at least one of which is in the area) at which a copy of the proposal may be inspected at all reasonable hours.
4
The Department shall consider any representation duly made when determining whether to classify a site as a special protection area and give notice of its decision to the persons mentioned in paragraph (1).
5
In this regulation where a proposal to classify a site as a special protection area consists of marine areas then for the words “the Department” where they occur substitute “the Secretary of State”.