PART 1Introductory and General Provisions

Duties relating to compliance with the Directives9

1

The appropriate authority, the nature conservation bodies and, in relation to the marine area, a competent authority must exercise their functions which are relevant to nature conservation, including marine conservation, so as to secure compliance with the requirements of the Directives.

2

Paragraph (1) applies, in particular, to functions under these Regulations and functions under the following enactments—

a

the Dockyard Ports Regulation Act 186540;

b

section 2(2) of the Military Lands Act 1900 (provision as to byelaws relating to the sea, tidal water or shore)41;

c

Part 3 of the 1949 Act (nature conservation);

d

the Harbours Act 1964;

e

section 15 of the Countryside Act 1968 (areas of special scientific interest)42;

f

Part 2 of the Control of Pollution Act 1974 (pollution of water)43;

g

Part 1 (wildlife) and sections 28 to 28S and 31 to 35A of the WCA 1981 (which relate to sites of special scientific interest)44;

h

the Water Resources Act 1991;

i

the Land Drainage Act 199145;

j

the Sea Fisheries Acts within the meaning of section 1 of the Sea Fisheries (Wildlife Conservation) Act 1992 (conservation in the exercise of sea fisheries functions)46;

k

the Natural Environment and Rural Communities Act 200647;

l

the Planning Act 2008;

m

the Marine Act, in particular any functions under Parts 3, 4, 5 and 6 of that Act (marine planning, marine licensing, nature conservation and management of inshore fisheries, respectively); and

n

the Natural Resources Body for Wales (Establishment) Order 201248, where the functions are exercised for purposes related to nature conservation.

3

Without prejudice to the preceding provisions, a competent authority, in exercising any of its functions, must have regard to the requirements of the Directives so far as they may be affected by the exercise of those functions.

4

The reference in paragraph (1) to the appropriate authority—

a

to the extent that that paragraph applies in relation to Scotland, includes the Secretary of State exercising functions in relation to Scotland; and

b

to the extent that that paragraph applies in relation to Northern Ireland, includes the Secretary of State exercising functions in relation to Northern Ireland.

5

In paragraph (1), “marine area” includes—

a

the Northern Ireland inshore region; and

b

the Scottish inshore region.