3. In regulation 9A (surveillance of conservation status of habitats and species)—
(a)in paragraph (1), after “arrangements”, insert “in accordance with paragraphs (1A) and (1B)”;
(b)after paragraph (1) insert—
“(1A) The Department shall—
(a)assess how and to what extent surveillance of the conservation status of each relevant habitat and species needs to be carried out, having regard to—
(i)whether a habitat or species is a priority natural habitat type or priority species; and
(ii)the conservation status of the habitat or species; and
(b)ensure that the necessary surveillance is carried out on an ongoing basis.
(1B) Surveillance for the purpose of this regulation may be carried out by—
(a)the Department; or
(b)any other person acting pursuant to, and in accordance with, an agreement with the Department.
(1C) In paragraph (1A), a “relevant” habitat or species means a habitat or species of a type referred to in paragraph (1)”; and
(c)for paragraph (5) substitute—
“(5) In this regulation, in relation to any marine area—
(a)for the words “the Department” where they occur substitute “the Secretary of State” (but see subparagraph (b));
(b)the activities referred to in paragraphs (1A)(a) and (1B)(a) shall be carried out by the Department on behalf of the Secretary of State.”.