The Conservation of Habitats and Species Regulations 2017

Marking of site and advice by nature conservation bodies

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

(2) This power is exercisable subject to the obtaining of any necessary marine licence under Part 4 of the Marine Act or any approval required to be obtained from the appropriate authority(1) under article 26(2) of the Marine Licensing (Exempted Activities) Order 2011(2) or article 25(2) of the Marine Licensing (Exempted Activities) (Wales) Order 2011(3).

(3) As soon as possible after a site becomes a European marine site, the appropriate nature conservation body must 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.

(1)

For the purposes of regulation 37, the “appropriate authority” in defined in regulation 3(1) of these Regulations as the Secretary of State in relation to England and the Welsh Ministers in relation to Wales. The person responsible for granting approval under article 26(2) of the Marine Licensing (Exempted Activities) Order 2011 or article 25(2) of the Marine Licensing (Exempted Activities) (Wales) Order 2011 is the Secretary of State and Welsh Ministers respectively. (See definition of “licensing authority” in those Regulations).

(2)

S.I. 2011/409, to which there are amendments not relevant to these Regulations.

(3)

S.I. 2011/559 (W. 81), to which there are amendments not relevant to these Regulations.