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

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

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

33.—(1) The appropriate nature conservation body may install markers indicating the existence and extent of a European marine site.

This power is exercisable subject to the obtaining of any necessary consent under section 34 of the Coast Protection Act 1949(1) (restriction of works detrimental to navigation).

(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.

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 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.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Commencement Information

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

Direction to establish or amend management scheme E+W

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.

[F2 (5) In this regulation “the relevant Minister” means the Secretary of State.]

Textual Amendments

F2 Reg. 35(5) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(11) (with reg. 9)

[F1 Byelaws for protection of European marine site][F1 Protection of European marine sites] E+W

36.— [F1 (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).]

[F1 (1) The MMO may make byelaws for the protection of a European marine site in England under section 129 of the Marine and Coastal Access Act 2009 (byelaws for protection of marine conservation zones).

(2) The Welsh Ministers may make orders for the protection of a European marine site in Wales under section 134 of that Act (orders for protection of marine conservation zones).

(3) The provisions of Chapter 1 of Part 5 of that Act relating to byelaws under section 129 or orders under section 134 apply, with the modifications described in paragraph (4) of this regulation, in relation to byelaws made by virtue of paragraph (1) of this regulation or (as the case may be) orders made by virtue of paragraph (2) of this regulation.

(4) The modifications are—

(a) any reference to an MCZ is to be read as a reference to a European marine site;

(b) in sections 129(1) and 134(1), the reference to furthering the conservation objectives of an MCZ is to be read as a reference to protecting a European marine site;

(c) the reference in section 129(3)(c) to hindering the conservation objectives stated for an MCZ is to be read as a reference to damaging a European marine site.

(5) Nothing in byelaws or orders 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).]

Textual Amendments

F1 Reg. 36 substituted (E.W.) (12.1.2010 for specified purposes) by Marine and Coastal Access Act 2009 (c. 23), s. 146, Sch. 11 para. 4

Commencement Information

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

(1)

1949 c. 74; section 34 was amended by section 36(1) to (4) of the Merchant Shipping Act 1988 (c. 12).