The Conservation (Natural Habitats, &c.) Regulations 1994

[F1 Special provisions as to European marine sites E+W+S

Textual Amendments

F1 Regulations revoked (E.W.) (1.4.2010 except so far as relating to the revocation in relation to W. of reg. 36 and specified words in reg. 3(3), 12.12.2014 in so far as not already in force) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2)(4)(b), 133(3) (with regs. 125, 134)

Marking of site and advice by nature conservation bodies E+W+S

33.— (1) The appropriate nature conservation body may [F2 deposit or remove] markers indicating the existence and extent of a European marine site.

This power is exercisable subject to the obtaining of any necessary [F3 marine licence under Part 4 of the Marine (Scotland) Act 2010].

(2) As soon as possible after a site becomes a European marine site, the appropriate nature conservation body shall advise other relevant authorities as to–

(a) the conservation objectives for that site, and

(b) any operations which may cause deterioration of natural habitats or the habitats of species, or disturbance of species, for which the site has been designated.

Textual Amendments

F2 Words in reg. 33(1) substituted (6.4.2011) by The Marine (Scotland) Act 2010 (Transitional and Consequential Provisions) Order 2011 (S.S.I. 2011/202), arts. 1, 11(a)

F3 Words in reg. 33(1) substituted (6.4.2011) by The Marine (Scotland) Act 2010 (Transitional and Consequential Provisions) Order 2011 (S.S.I. 2011/202), arts. 1, 11(b)

Commencement Information

I1 Reg. 33 in force at 30.10.1994, see reg. 1(2)

Management scheme for European marine site E+W+S

34.— (1) The relevant authorities, or any of them, may establish for a European marine site a management scheme under which their functions (including any power to make byelaws) shall be exercised so as to secure in relation to that site compliance with the requirements of the Habitats Directive.

(2) Only one management scheme may be made for each European marine site.

(3) A management scheme may be amended from time to time.

(4) As soon as a management scheme has been established, or is amended, a copy of it shall be sent by the relevant authority or authorities concerned to the appropriate nature conservation body.

Commencement Information

I2 Reg. 34 in force at 30.10.1994, see reg. 1(2)

Direction to establish or amend management scheme E+W+S

35.— (1) The relevant Minister may give directions to the relevant authorities, or any of them, as to the establishment of a management scheme for a European marine site.

(2) Directions may, in particular–

(a) require conservation measures specified in the direction to be included in the scheme;

(b) appoint one of the relevant authorities to co–ordinate the establishment of the scheme;

(c) set time limits within which any steps are to be taken;

(d) provide that the approval of the Minister is required before the scheme is established; and

(e) require any relevant authority to supply to the Minister such information concerning the establishment of the scheme as may be specified in the direction.

(3) The relevant Minister may give directions to the relevant authorities, or any of them, as to the amendment of a management scheme for a European marine site, either generally or in any particular respect.

(4) Any direction under this regulation shall be in writing and may be varied or revoked by a further direction.

(5) In this regulation “the relevant Minister” means, in relation to a site in England, the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly and in any other case the Secretary of State.

Commencement Information

I3 Reg. 35 in force at 30.10.1994, see reg. 1(2)

Byelaws for protection of European marine site E+W

36.— (1) The appropriate nature conservation body may make byelaws for the protection of a European marine site under section 37 of the Wildlife and Countryside Act 1981 (byelaws for protection of marine nature reserves).

(2) The provisions of subsections (2) to (11) of that section apply in relation to byelaws made by virtue of this regulation with the substitution for the references to marine nature reserves of references to European marine sites.

(3) Nothing in byelaws made by virtue of this regulation shall interfere with the exercise of any functions of a relevant authority, any functions conferred by or under an enactment (whenever passed) or any right of any person (whenever vested).]

Commencement Information

I4 Reg. 36 in force at 30.10.1994, see reg. 1(2)