The Conservation (Natural Habitats, etc.) (Amendment) Regulations (Northern Ireland) 2011

Amendments to the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995

4.  After regulation 8 (consultation as to inclusion of site omitted from the list) insert—

“Classification of sites as special protection areas

8A.— (1) The Department shall classify as special protection areas such sites in Northern Ireland as it considers necessary to ensure that the objective specified in paragraph (2) is met.

(2) The objective referred to in paragraph (1) is that those sites across the United Kingdom’s territory which are most suitable in number and size for—

(a) the conservation of the species listed in Annex I to the Wild Birds Directive which naturally occur in that territory; and

(b) the conservation of regularly occurring migratory species of birds not listed in Annex I which naturally occur in that territory,

are classified as special protection areas.

(3) The Department shall make its decision as to the sites to be classified under paragraph (1) only on the basis of relevant scientific information and—

(a) in the case of a site to be classified for the purpose mentioned in paragraph (2)(a), on the basis of the criteria set out in Article 4(1) of the Wild Birds Directive; and

(b) in the case of a site to be classified for the purpose mentioned in paragraph (2)(b), on the basis of the criteria set out in Article 4(2) of the Wild Birds Directive.

(4) Where a site is classified under paragraph (1), the Department shall provide information on that site to the European Commission including—

(a) a map or chart of the site;

(b) its name, location and extent; and

(c) the data resulting from application of the criteria set out in Article 4(1) or Article 4(2) of the Wild Birds Directive.

(5) The information specified in paragraph (4) shall be provided in such format as is established by the Commission.

(6) In this regulation—

(a) “the United Kingdom’s territory” means the United Kingdom (including its internal waters), the territorial sea adjacent to the United Kingdom, and the offshore marine area, and

(b) where a site which is classified under paragraph (1) is a European marine site then for the words “the Department” where they occur substitute “the Secretary of State”.

Notification of a proposal to classify a special protection area

8B.— (1) Where the Department proposes to classify a site as a special protection area under regulation 8A, it shall give notice of that proposal and an accompanying statement of its reasons for that proposal to—

(a) competent authorities which exercise functions in relation to the site;

(b) competent authorities which exercise functions in relation to an area adjacent to the site;

(c) every owner and occupier of the site; and

(d) such other persons as in its opinion ought to be notified.

(2) A notice under paragraph (1) shall specify the time (being not less than 3 months from the date of the giving of the notice) within which representations with respect to the proposal may be made to the Department.

(3) The Department shall also publish in at least two newspapers circulating in the area in which the site is located notice—

(a) of the proposal to classify the site as a special protection area; and

(b) of the place (at least one of which is in the area) at which a copy of the proposal may be inspected at all reasonable hours.

(4) The Department shall consider any representation duly made when determining whether to classify a site as a special protection area and give notice of its decision to the persons mentioned in paragraph (1).

(5) In this regulation where a proposal to classify a site as a special protection area consists of marine areas then for the words “the Department” where they occur substitute “the Secretary of State”.”.