The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007

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. Notification of a proposal to classify a special protection area

      8. 14. Hearings

      9. 15. Meaning of “European offshore marine site” in these Regulations

      10. 16. Duty to compile and maintain a register of European offshore marine sites

      11. 17. Notification of changes to the register

   2. Site protection and management

      1. 18. Establishment of nature conservation objectives

      2. 19. Management schemes for European offshore marine sites

      3. 20. Duty in relation to management schemes

      4. 21. Co-ordinated management of sites

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

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

   3. Plans and projects

      1. 24. Meaning of “European site” in these Regulations

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

      3. 26. Considerations of overriding public interest

      4. 27. Review of existing decisions and consents

      5. 28. Consideration on review

      6. 29. Co-ordination where more than one competent authority is involved

      7. 30. Compensatory measures

      8. 31. Notification of compensatory measures

   4. Offences

      1. 32. Offences relating to European offshore marine sites

4. PART 3 PROTECTION OF SPECIES

   1. 33. Application of offences in Part 3

   2. Protection of birds

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

      2. 35. Defences to the offences in regulation 34

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

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

      5. 38. Penalties

   3. Protection of wild animals

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

      2. 40. Defences to the offences in regulation 39

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

      4. 42. Penalties

   4. Protection of plants

      1. 43. 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. 44. Surveillance of conservation status of habitats and species

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

      3. 46. Monitoring incidental capture and killing

      4. 47. Protection from incidental capture and killing

   2. Introduction of new species

      1. 48. Introduction of new species

6. PART 5 LICENCES

   1. 49. Power to grant licences

   2. 50. Licences: supplementary provisions

   3. 51. False statements made for obtaining licence

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

   1. Enforcement

      1. 52. Wildlife officers

      2. 53. Powers of boarding, entry and inspection

      3. 54. Additional powers

      4. 55. Powers to make inquiries and examine things

      5. 56. Powers relating to specimens

      6. 57. Powers relating to documents and recording evidence of offences

      7. 58. Further powers in relation to ships

      8. 59. Assistance for wildlife officers

      9. 60. Power to use reasonable force

      10. 61. Liability of wildlife officers

      11. 62. Offences in relation to wildlife officers

   2. Supplementary provision relating to criminal offences

      1. 63. Jurisdiction of courts

      2. 64. Possession of means of committing offence

      3. 65. Offences by bodies corporate, &c.

      4. 66. Territorial Waters Jurisdiction Act 1878

8. PART 7 MISCELLANEOUS

   1. 67. Research

   2. 68. Nature conservation education

   3. 69. Re-introduction of species

   4. 70. Advisory role of the JNCC

   5. 71. Advice on appropriate assessments

   6. 72. Reports to the Commission

   7. 73. Form of communications

   8. 74. Notices

   9. 75. Amendments to the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001

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

11. Explanatory Note