PART 4ADDITIONAL PROTECTION OF HABITATS AND WILD ANIMALS AND PLANTS

Duties relating to surveillance and monitoring

Surveillance of conservation status of habitats and species44

1

In relation to the offshore marine area, the Secretary of State must make arrangements F2in accordance with paragraphs (3) to (5) for the surveillance of the conservation status of natural habitats of Community interest and species of wild flora and fauna of Community interest, and in particular priority natural habitat types and priority species.

2

The Secretary of State must from time to time—

a

consult the devolved administrations about the arrangements which he has made under paragraph (1);

b

provide the devolved administrations with such information as he considers appropriate that has been derived from the surveillance arranged by him under paragraph (1); and

c

review the arrangements he has made under paragraph (1) and, if he thinks it appropriate, revise those arrangements.

F13

The joint committee must—

a

assess how and to what extent surveillance of the conservation status of each relevant habitat and species needs to be carried out, having regard to—

i

whether a habitat or species is a priority natural habitat type or priority species; and

ii

the conservation status of the habitat or species; and

b

advise the Secretary of State as to the need for such surveillance.

4

The Secretary of State must ensure that the necessary surveillance is carried out on an ongoing basis.

5

Surveillance for the purposes of this regulation may be carried out by—

a

the joint committee; or

b

any other person acting pursuant to, and in accordance with, an agreement with the Secretary of State or the joint committee.

6

In paragraphs (3) and (5)—

a

“the joint committee” means the Joint Nature Conservation Committee; and

b

a “relevant” habitat or species means a habitat or species in the offshore marine area of a type referred to in paragraph (1).