The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007

1Citation and commencement

2Interpretation

3Application to the Crown

4Rights under international law

5Meaning of “competent authority”

6Duty of competent authorities

European offshore marine sites

7List of sites eligible for identification as of Community importance

8Notification of a proposal for a site of Community importance

9Modification of list of sites

10Consultation as to inclusion of site omitted from the list

11Designation of special areas of conservation

12Classification of sites as special protection areas

12AClassification of sites in the Scottish offshore region as special protection areas

13Notification of a proposal to classify a special protection area

14AHearings conducted by the Scottish Ministers

15Meaning of “European offshore marine site” in these Regulations

16Duty to compile and maintain a register of European offshore marine sites

17Notification of changes to the register

Site protection and management

18Establishment of nature conservation objectives

19Management schemes for European offshore marine sites

20Duty in relation to management schemes

21Co-ordinated management of sites

22Conservation measures relating to special areas of conservation

23Prevention of deterioration of habitats and disturbance of species

Plans and projects

24Meaning of “European site” in these Regulations

25Protection of European offshore marine sites and European sites

26Considerations of overriding public interest

27Review of existing decisions and consents

28Consideration on review

29Co-ordination where more than one competent authority is involved

30Compensatory measures

31Notification of compensatory measures

32Offences relating to European offshore marine sites

33Application of offences in Part 3

Protection of birds

34Protection of wild birds, their eggs and nests

35Defences to the offences in regulation 34

36Prohibition of certain methods of capturing or killing wild birds

37Sale etc of live or dead wild birds, eggs etc

Protection of wild animals

39Protection of wild animals listed in Annex IV(a) to the Habitats Directive

40Defences to the offences in regulation 39

41Prohibition of certain methods of capturing or killing wild animals

Protection of plants

43Offences relating to wild plants listed in Annex IV(b) to the Habitats Directive

Duties relating to surveillance and monitoring

44Surveillance of conservation status of habitats and species

45Protection of certain animals and plants from exploitation

46Monitoring incidental capture and killing

47Protection from incidental capture and killing

Introduction of new species

48Introduction of new species

49Power to grant licences

50Licences: supplementary provisions

51False statements made for obtaining licence

52Wildlife officers

52AEnforcement functions of wildlife officers appointed by the Scottish Ministers and competent authorities in Scotland

53Powers of boarding, entry and inspection

54Additional powers

55Powers to make inquiries and examine things

56Powers relating to specimens

57Powers relating to documents and recording evidence of offences

58Further powers in relation to ships

59Assistance for wildlife officers

60Power to use reasonable force

61Liability of wildlife officers

62Offences in relation to wildlife officers

Supplementary provision relating to criminal offences

63Jurisdiction of courts

64Possession of means of committing offence

65Offences by bodies corporate, &c.

66Territorial Waters Jurisdiction Act 1878

68Nature conservation education

69Re-introduction of species

70Advisory role of the JNCC

71Advice on appropriate assessments

72Reports to the Commission

73Form of communications

75Amendments to the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001

SCHEDULE 1EUROPEAN PROTECTED SPECIES

SCHEDULE 2EXCLUDED POPULATIONS OF CERTAIN SPECIES

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

2007 No. 1842

wildlife

The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007

Made24th June 2007

Laid before Parliament3rd July 2007

Coming into force21st August 2007

The Secretary of State is a Minister designated1 for the purposes of making Regulations under section 2(2) of the European Communities Act 19722 in relation to measures relating to the conservation of natural habitats and of wild flora and fauna.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972.

It appears to the Secretary of State that it is expedient for any reference to an Annex to the Habitats Directive or to the Wild Birds Directive (as defined in these Regulations) to be construed as a reference to that Annex as amended from time to time.

In the exercise of the powers conferred by section 2(2)3 of, and paragraph 1A4 of Schedule 2 to, the European Communities Act 1972, he makes the following Regulations: