The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 No. 1754

Activities affecting birds which are necessary for imperative reasons of overriding public interest

15.  Regulation 11 above shall not apply to any activity which would otherwise contravene its provisions where—

(a) the Secretary of State is of the opinion that the carrying out of the activity is necessary in the interests of public health and public safety and that there is no satisfactory alternative to the carrying out of the activity; and

(b) he has consented in writing to the carrying out of the activity, specifying any matters required to be so specified pursuant to Article 9 of the Wild Birds Directive,

and the Secretary of State may make any consent granted under this regulation subject to such conditions as he shall think fit.