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The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007
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Changes over time for: Section 47
Version Superseded: 16/08/2012
Alternative versions:
- 21/08/2007- Amendment
- 30/01/2009- Amendment
- 01/04/2010
Point in time - 16/08/2012- Amendment
- 30/11/2017- Amendment
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Protection from incidental capture and killingU.K.
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47.—[F1(1) The Secretary of State must, as required in the light of information derived from monitoring carried out under regulation 46 or otherwise arranged for the purposes of Article 12(4) of the Habitats Directive, make arrangements for further research, or ensure that conservation measures are taken, for the purpose specified in paragraph (2).]
(2) The purpose referred to in paragraph (1) is to ensure that the capture or killing (as the case may be) of animals of a species listed in Annex IV(a) to the Habitats Directive which is incidental to any activity that takes place in the waters comprised in the offshore marine area does not have a significant negative impact on that species.
(3) In so far as the Scottish Ministers have any function which may be exercised for the purpose mentioned in paragraph (2), the obligation mentioned in paragraph (1) to ensure that conservation measures are taken applies to the Scottish Ministers as it applies to the Secretary of State.
(4) The obligation of the Secretary of State under paragraph (1) shall be treated as satisfied in so far as it has been met by the Scottish Ministers.
(5) In so far as any Northern Ireland department has any function which may be exercised for the purpose mentioned in paragraph (2), the obligation mentioned in paragraph (1) to ensure that conservation measures are taken applies to that department as it applies to the Secretary of State.
(6) The obligation of the Secretary of State under paragraph (1) shall be treated as satisfied in so far as it has been met by any Northern Ireland department.
(7) Before the Secretary of State exercises any relevant function for the purpose of complying with paragraph (1), he must first consult—
(a)the Scottish Ministers, in the case of a relevant function exercisable for the purpose referred to in paragraph (8)(a); or
(b)the Department of the Environment in Northern Ireland, in the case of a relevant function exercisable for the purpose referred to in paragraph (8)(b).
(8) In this regulation, “relevant function” means any function of the Secretary of State exercisable for the purpose of—
(a)securing any result which may instead be secured by the exercise of any function of the Scottish Ministers; or
(b)securing any result which may instead be secured by the exercise of any function of any Northern Ireland department.
Textual Amendments
F1Reg. 47(1) substituted (30.1.2009) by Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2009 (S.I. 2009/7), regs. 1, 9
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