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

Protection of European offshore marine sites and European sites

25.—(1) Before deciding to undertake, or give any consent, permission or other authorisation for, a plan or project which—

(a) is to be carried out on or in any part of the waters or on or in any part of the seabed or subsoil comprising the offshore marine area, or on or in relation to an offshore marine installation,

(b) is likely to have a significant effect on a European offshore marine site or a European site (either alone or in combination with other plans or projects), and

(c) is not directly connected with or necessary to the management of the site,

a competent authority must make an appropriate assessment of the implications for the site in view of that site’s conservation objectives.

(2) A person applying to a competent authority for any consent, permission or other authorisation for a plan or project in the offshore marine area must provide such information as the competent authority may reasonably require—

(a) to enable it to determine whether an assessment under paragraph (1) is required; or

(b) for the purposes of an assessment under paragraph (1).

(3) The competent authority must for the purposes of the assessment—

(a) where it relates to a European offshore marine site, consult the Joint Nature Conservation Committee;

(b) where it relates to a European site in England, consult Natural England;

(c) where it relates to a European site in Wales, consult the Countryside Council for Wales;

(d) where it relates to a European site in Scotland, consult Scottish Natural Heritage;

(e) where it relates to a European site in Northern Ireland, consult the Department of the Environment in Northern Ireland; and

(f) if it considers it appropriate, take the opinion of the general public and if it does so, take such steps for that purpose as it considers appropriate.

(4) In the light of the conclusions of the assessment, and subject to regulation 26, the competent authority may agree to the plan or project only if it has ascertained that it will not adversely affect the integrity of the European offshore marine site or European site (as the case may be).

(5) In considering whether a plan or project will adversely affect the integrity of a site, the competent authority must have regard to the manner in which it is proposed to be carried out and to any conditions or restrictions subject to which the competent authority proposes that the consent, permission or other authorisation should be given.

(6) This regulation does not apply in relation to—

(a) a site which is a European offshore marine site by reason of regulation 15(c);

(b) a site which is a European site by reason of regulation 24(1)(c);

(c) the giving of any Petroleum Act approval, Petroleum Act authorisation, Petroleum Act consent, or Petroleum Act licence; or

(d) any project to which paragraph 2 of Schedule 3 to the Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (England and Northern Ireland) Regulations 2007(1) applies.

(7) Subject to paragraph (8), where a plan or project requires an appropriate assessment both under this regulation and under the 1994 Regulations, the assessment required by this regulation need not identify those effects of the plan or project that are specifically attributable to that part of it that is to be carried out in the offshore marine area, provided that an assessment made for the purposes of this regulation and the 1994 Regulations assesses the effects of the plan or project as a whole.

(8) Paragraph (7) does not apply to assessments under this regulation carried out by competent authorities whose functions are exercisable solely in or as regards Scotland.

(9) In this regulation—

“England” includes so much of the internal waters and territorial sea of the United Kingdom as are not part of Northern Ireland, Scotland or Wales;

“Northern Ireland” has the same meaning as in the Northern Ireland Act 1998(2); and

“Wales” has the same meaning as in section 158(1) of the Government of Wales Act 2006(3).

(1)

S.I. 2007/1067.

(2)

1998 c.47.

(3)

2006 c.32.