The Conservation of Offshore Marine Habitats and Species Regulations 2017

Regulation 2(1)

SCHEDULE 1 U.K. EUROPEAN PROTECTED SPECIES

Common name	Scientific Name
Dolphins, porpoises and whales (all species)	Cetacea
Sturgeon, Common	Acipenser sturio
Turtles, Marine	Caretta caretta Chelonia mydas Dermochelys coriacea Eretmochelys imbricata Lepidochelys kempii

NOTE. Common names are given in the first column of this Schedule by way of guidance only; in the event of any dispute or proceedings, the common name must not be taken into account.

Regulation 46(5)(a)

SCHEDULE 2 U.K. EXCLUDED POPULATIONS OF CERTAIN SPECIES

Common Name	Scientific Name	Excluded countries and areas
Beaver, Eurasian	Castor fiber	Estonia, Finland, Latvia, Lithuania, Poland, and Sweden
Hamster, European (or Black bellied)	Cricetus cricetus	Hungary
Wolf, Grey	Canis lupus	Bulgaria, Estonia, Greece north of the 39th parallel, Latvia, Lithuania, Poland, Slovakia, Spain north of the River Duero, and the reindeer management area in Finland as defined in paragraph 2 of Finnish Act No. 848/90 of 14th September 1990 on reindeer management M1
Lynx, Eurasian	Lynx lynx	Estonia
Viper, Seoane's	Vipera seoanni	Spain

Marginal Citations

M1 A copy of this Finnish Act can be obtained from the Wildlife Species Conservation Division, Defra, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6EB.

NOTE. Common names are given in the first column of this Schedule by way of guidance only; in the event of any dispute or proceedings, the common name must not be taken into account.

Regulation 42(2)

[F1 SCHEDULE 2A U.K. Prohibited Methods of Capturing or Killing of Wild Birds

Textual Amendments

F1 Sch. 2A inserted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), reg. 1, Sch. 2; 2020 c. 1, Sch. 5 para. 1(1)

1.   The prohibited means of capturing or killing wild birds are— U.K.

(a) snares, limes or hooks;

(b) using blind or mutilated birds as live decoys;

(c) sound recordings;

(d) electrical or electronic devices capable of killing or stunning;

(e) artificial light sources;

(f) mirrors or other dazzling devices;

(g) devices for illuminating targets;

(h) sighting devices for night shooting comprising an electronic image magnifier or image converter;

(i) explosives;

(j) nets or traps;

(k) poisoned or anaesthetic bait; and

(l) automatic or semi-automatic weapons with a magazine capable of holding more than two rounds of ammunition.]

Regulation 47(1)(a)

SCHEDULE 3 U.K. ANIMALS WHICH MAY NOT BE TAKEN OR KILLED IN CERTAIN WAYS

Common name	Scientific name
Seals (all species)	Phocidae
Shad, Alis Shad, Twaite	Alosa alosa Alosa fallax
Sturgeon (all species except the common sturgeon)	Acipenseridae (except Acipenser sturio)

NOTE. Common names are given in the first column of this Schedule by way of guidance only; in the event of any dispute or proceedings, the common name must not be taken into account.

Regulation 47(2)

[F2 SCHEDULE 3A U.K. Prohibited Methods of Capturing or Killing Wild Animals

Textual Amendments

F2 Sch. 3A inserted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), reg. 1, Sch. 3; 2020 c. 1, Sch. 5 para. 1(1)

1.   The prohibited means of capturing or killing mammals are— U.K.

(a) the use of blind or mutilated animals as live decoys;

(b) sound recordings;

(c) electrical and electronic devices capable of killing or stunning;

(d) artificial light sources;

(e) mirrors and other dazzling devices;

(f) devices for illuminating targets;

(g) sighting devices for night shooting comprising an electronic image magnifier or image converter;

(h) explosives;

(i) nets which are non-selective according to their principle or their conditions of use;

(j) traps which are non-selective according to their principle or their conditions of use;

(k) bows and crossbows;

(l) poisons and poisoned or anaesthetic bait;

(m) gassing or smoking out; and

(n) semi-automatic or automatic weapons with a magazine capable of holding more than two rounds of ammunition.

2.   The prohibited methods of capturing or killing fish are— U.K.

(a) poison; and

(b) explosives.]

Regulation 84

SCHEDULE 4 U.K. AMENDMENTS TO LEGISLATION

PART 1 U.K. PRIMARY LEGISLATION

Amendment of the Town and Country Planning Act 1990 U.K.

1.—(1) The Town and Country Planning Act 1990 M2 is amended as follows.

(2) In sub-paragraph (5) of paragraph 6 (development likely to have significant effects on environment etc), in paragraph (a) of the definition of “qualifying European site”, for “the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007” substitute “ the Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013) ”.

Marginal Citations

M2 1990 c. 8. Schedule 4C was inserted by the Localism Act 2010 (c. 20), Schedule 11.

Amendment of the Marine and Coastal Access Act 2009 U.K.

2.—(1) The Marine and Coastal Access Act 2009 M3 is amended as follows.

(2) In subsection (9) of section 123 (creation of network of conservation sites), for paragraph (b) of the definition of “European marine site” substitute—

“(b) a European offshore marine site within the meaning of the Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013),”.

(3) In subsection (2) of section 237 (enforcement of nature conservation legislation), for paragraph (e) substitute—

“(e) the Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013);”.

Marginal Citations

M3 2009 c. 23.

Amendment of the Marine (Scotland) Act 2010 U.K.

3.—(1) The Marine (Scotland) Act 2010 M4 is amended as follows.

(2) In subsection (9) of section 79 (creation of network of conservation sites), for the definition of “European offshore marine site” substitute—

““European offshore marine site” has the meaning given by the Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013),”.

Marginal Citations

M4 2010 asp 5.

PART 2 U.K. SUBORDINATE LEGISLATION

Amendment of the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 U.K.

4.—(1) The Legislative and Regulatory Reform (Regulatory Functions) Order 2007 M5 is amended as follows.

(2) In Part 2 of the Schedule to that Order, for “Offshore Marine Conservation (Natural Habitats, &c.) 2007” substitute “ Conservation of Offshore Marine Habitats and Species Regulations 2017 ”.

Marginal Citations

M5 S.I. 2007/3544, to which there are amendments not relevant to these Regulations.

Amendment of the Marine Management Organisation (Prescription of Powers to Fix Fees and Charges) Order 2010 U.K.

5.—(1) The Marine Management Organisation (Prescription of Powers to Fix Fees and Charges) Order 2010 M6 is amended as follows.

(2) In the table in the Schedule, omit the entry in respect of the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007, and in its place substitute—

“Conservation of Offshore Marine Habitats and Species Regulations 2017
Regulation 55(14)	To charge a reasonable sum for a licence issued under regulation 55.”.

Marginal Citations

M6 S.I. 2010/603.

Amendment of the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 U.K.

F3 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 4 para. 6 revoked (26.2.2020) by The Merchant Shipping (Ship-to-Ship Transfers) Regulations 2020 (S.I. 2020/94), reg. 1, Sch. 4

Amendment of the Marine Strategy Regulations 2010 U.K.

7.—(1) The Marine Strategy Regulations 2010 M7 are amended as follows.

(2) In Schedule 2 (enactments in relation to which duty in regulation 4 applies), for “The Offshore Marine Conservation (Natural Habitats) Regulations 2007” substitute “ The Conservation of Offshore Marine Habitats and Species Regulations 2017 ”.

Marginal Citations

M7 S.I. 2010/1627, to which there are amendments not relevant to these Regulations.

Amendment of the Marine Licensing (Exempted Activities) (Scottish Offshore Region) Order 2011 U.K.

8.—(1) The Marine Licensing (Exempted Activities) (Scottish Offshore Region) Order 2011 M8 is amended as follows.

(2) In Article 3 (interpretation), for paragraph (b) of the definition of “a European Site” substitute “a European offshore marine site within the meaning of regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017”.

Marginal Citations

M8 S.S.I. 2011/57 amended by S.S.I. 2012/25; there are other amendments not relevant to these Regulations.

Amendment of the Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011 U.K.

9.—(1) The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011 M9 is amended as follows.

(2) In article 2 (interpretation), in paragraph (2), for paragraph (b) of the definition of “a European site” substitute “a European offshore marine site within the meaning of regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017”.

Marginal Citations

M9 S.S.I. 2011/204, to which there are amendments not relevant to these Regulations.

Amendment of the Marine Licensing (Exempted Activities) Order 2011 U.K.

10.—(1) The Marine Licensing (Exempted Activities) Order 2011 M10 is amended as follows.

(2) In article 3 (interpretation), for paragraph (b) of the definition of “a European site” substitute—

“(b) “European offshore marine site” as defined in regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017;”.

Marginal Citations

M10 S.I. 2011/409, to which there are amendments not relevant to these Regulations.

Amendment of the Marine Licensing (Exempted Activities) (Wales) Order 2011 U.K.

11.—(1) The Marine Licensing (Exempted Activities) (Wales) Order 2011 M11 is amended as follows.

(2) In article 3 (interpretation), for paragraph (b) of the definition of “European Site”, substitute—

“(b) “European offshore marine site” within the meaning of regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017;”.

Marginal Citations

M11 W.S.I. 2011/559, to which there are amendments not relevant to these Regulations.

Amendment of the Neighbourhood Planning (General) Regulations 2012 U.K.

12.—(1) The Neighbourhood Planning (General) Regulations 2012 M12 are amended as follows.

(2) In the basic condition prescribed in paragraph 1 of Schedule 2 (neighbourhood development plans), for “the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007” substitute “ the Conservation of Offshore Marine Habitats and Species Regulations 2017 ”.

Marginal Citations

M12 S.I. 2012/637, to which there are amendments not relevant to these Regulations.

Amendment of the Nitrate Pollution Prevention (Wales) Regulations 2013 U.K.

13.—(1) The Nitrate Pollution Prevention (Wales) Regulations 2013 M13 are amended as follows.

(2) In regulation 13A (application for a derogation), for the definition of “European offshore marine site” in paragraph (15)(a) substitute—

““European offshore marine site” has the meaning given in regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017; and”.

Marginal Citations

M13 W.S.I 2013/2506, to which there are amendments not relevant to these Regulations.

Amendment of the Marine Licensing (Application Fees) Regulations 2014 U.K.

14.—(1) The Marine Licensing (Application Fees) Regulations 2014 M14 are amended as follows.

(2) In paragraph 2(3) of the Schedule (application bands and maximum caps), in the definition of “European site”, for the words “regulation 15” to the end, substitute “ regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017 ”.

Marginal Citations

M14 S.I. 2014/615, to which there are amendments not relevant to these Regulations.

Amendment of the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015 U.K.

15.—(1) The Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015 M15 are amended as follows.

(2) In Schedule 2 (prescription of consents)—

(a) for the entry “Offshore Marine Conservation (Natural Habitats. &c) Regulations 2007” in the column entitled “Act” substitute “Conservation of Offshore Marine Habitats and Species Regulations 2017”; and

(b) for the entry “A licence under regulation 49 (power to grant licences)” in the column entitled “consent or authorisation” substitute “A licence under regulation 55 (power to grant licences)”.

Marginal Citations

M15 S.I. 2015/462.

Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2015 U.K.

16.—(1) The Town and Country Planning (Development Management Procedure) (England) Order 2015 M16 is amended as follows.

(2) In article 2 (interpretation), for the definition of “qualifying European site” substitute—

““qualifying European site” means—

(a) a European offshore marine site within the meaning of regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017; or

(b) a European site within the meaning of regulation 8(1) of the Conservation of Offshore Marine Habitats and Species Regulations 2017;”.

Marginal Citations

M16 S.I. 2015/595, to which there are amendments not relevant to these Regulations.

Amendment of the Nitrate Pollution Prevention Regulations 2015 U.K.

17.—(1) The Nitrate Pollution Prevention Regulations 2015 M17 are amended as follows.

(2) In regulation 37 (determination of application), in paragraph (6), for the definition of “European offshore marine site” substitute—

““European offshore marine site” has the meaning given by regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017.”.

Marginal Citations

M17 S.I. 2015/668, to which there are amendments not relevant to these Regulations.

Amendment of the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 U.K.

18.—(1) The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 M18 are amended as follows.

(2) In paragraph 5(d) of Schedule 1 (express authorisation of damage to a protected species, natural habitat or to a site of special scientific interest), for “the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007” substitute “ the Conservation of Offshore Marine Habitats and Species Regulations 2017 ”.

Marginal Citations

M18 S.I. 2015/810, to which there are amendments not relevant to these Regulations.

Amendment of the Town and Country Planning (Brownfield Land Register) Regulations 2017 U.K.

19.—(1) The Town and Country Planning (Brownfield Land Register) Regulations 2017 M19 are amended as follows.

(2) In regulation 14, (exemptions for certain types of land), in paragraph (5), in paragraph (a) of the definition of “qualifying European site”, for “regulation 15 of the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007” substitute “ regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017 ”.

Marginal Citations

M19 S.I. 2017/403.

Amendment of the Electricity Works (Environmental Impact Assessment) England and Wales Regulations 2017 U.K.

20.—(1) The Electricity Works (Environmental Impact Assessment) England and Wales Regulations 2017 M20 are amended as follows.

(2) In regulation 8 (co-ordination of environmental impact assessment with Habitats Regulations assessment), in paragraph (2), for “regulation 25 of the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007” substitute “ regulation 28 of the Conservation of Offshore Marine Habitats and Species Regulations 2017 ”.

Marginal Citations

M20 S.I. 2017/580.

Amendment of the Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017 U.K.

21.—(1) The Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017 M21 are amended as follows.

(2) In regulation 38 (co-ordination of assessments), in paragraph (2), for paragraph (b) of the definition of “habitats regulation appraisal” substitute “regulation 28 of the Conservation of Offshore Marine Habitats and Species Regulations 2017”.

Marginal Citations

M21 S.S.I. 2017/115.