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The Conservation of Offshore Marine Habitats and Species Regulations 2017

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Point in time view as at 26/12/2023.

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European offshore marine sitesU.K.

[F1Duty to designate special areas of conservationU.K.

7.—(1) The relevant administration must designate as special areas of conservation such sites in the offshore marine area it considers to be sites of national importance.

(2) Sites of national importance are sites which contribute significantly to the objective in paragraph (3)(a) or the objective in paragraph (3)(b).

(3) The objectives referred to in paragraph (2) are—

(a)the maintenance, or restoration, at favourable conservation status in their natural range, of the natural habitat types listed in Annex I to the Habitats Directive or the species listed in Annex II to that Directive; and

(b)the maintenance of biological diversity within the Atlantic biogeographic region.

(4) For aquatic species which range over wide areas, such sites are to be determined to be of national importance only where there is a clearly identifiable area which is distinct in providing the physical and biological factors essential to their life and reproduction.

(5) in determining which sites are of national importance for the purposes of paragraph (1), the relevant administration must—

(a)apply the Annex III criteria;

(b)make its determination only on the basis of relevant scientific information; and

(c)have regard to the importance of the population of a species or area of a habitat, found in the United Kingdom’s territory, in ensuring that the objectives in paragraph (3) are met .

(6) For the purposes of paragraph (5)(a), the Annex III criteria are to be construed as if—

(a)for “Community importance” there were substituted “national importance”;

(b)a reference to a “Member State” is to be taken to be a reference to the relevant administration;

(c)for “continuous ecosystem situated on both sides of one or more internal Community frontiers” there were substituted “continuous ecosystem extending beyond the borders of the United Kingdom; and

(d)for “the biogeographical regions concerned and/or for the whole of the territory referred to in Article 2” there were substituted “the Atlantic biogeographical region””.

(7) The relevant authority must have regard to the advice of the Joint Committee in relation to the application of Annex III to the Habitats Directive.

(8) In relation to a site in the Welsh offshore region which before these Regulations come into force has been the subject of a proposal under regulation 8(1) of the Offshore Marine (Natural Habitats, &c.) Regulations 2007, the relevant administration for the purposes of paragraph (1) is the Secretary of State.

(9) In this regulation, “the Annex III criteria” means the criteria set out in Annex III to the Habitats Directive]

Textual Amendments

[F2Priorities for designating special areas of conservationU.K.

7A.  The relevant administration must establish priorities for the designation of sites in the light of—

(a)the importance of the sites for the maintenance or restoration at a favourable conservation status of—

(i)a natural habitat type specified in Annex I to the Habitats Directive; or

(ii)a species specified in Annex II to the Habitats Directive;

(b)the importance of the sites for the coherence of national site network; and

(c)the threats of degradation or destruction to which the sites are exposed.]

Textual Amendments

Notification of a proposal for a site of Community importanceU.K.

8.—(1) [F3If the relevant administration proposes to designate a site as a special area of conservation, it] must give to the Joint Committee notice of that proposal and an accompanying statement of reasons.

F4(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) But neither the Scottish Ministers nor the Welsh Minister may give notice of a proposal to the Joint Committee as described in paragraph [F5(1)] unless the Secretary of State has agreed to that proposal.

(5) Where, under paragraph (1) F6..., the Joint Committee is given notice of a proposal, the Joint Committee must give notice of that proposal and provide a copy of the accompanying statement of reasons for that proposal to the following—

(a)each of the devolved administrations;

(b)any of the following who in its opinion ought to be notified—

(i)competent authorities which exercise functions in relation to the site;

(ii)competent authorities which exercise functions in relation to a marine area adjacent to the site; and

(iii)persons whose activities are likely to be affected by the inclusion of the site in the list;

(c)such other persons as in its opinion ought to be notified;

(d)such other persons as the Secretary of State directs; and

(e)where the Scottish Ministers or the Welsh Ministers have given notice under paragraph [F7(1)]—

(i)the Secretary of State; and

(ii)such other persons as the Scottish Ministers or the Welsh Ministers respectively direct.

(6) A notice under paragraph (5) must specify the date (being not less than 12 weeks from the date of the giving of the notice) by which representations with respect to the proposal may be made to the Joint Committee.

(7) The Joint Committee must provide to the relevant administration a report describing the representations duly made, if any, that it received about the proposal, or where no such representations have been received, stating that fact.

(8) The relevant administration must consider the report provided by the Joint Committee under paragraph (7).

(9) The [F8relevant administration] may issue guidance to the Joint Committee for the purposes of its functions under this regulation and the Joint Committee must have regard to that guidance in discharging any of those functions.

F9(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) The Secretary of State may vary or revoke a direction under paragraph (5)(d), and the Scottish Ministers or the Welsh Ministers may vary or revoke a direction under paragraph (5)(e)(ii).

F10(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modification of list of sitesU.K.

F119.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Consultation as to inclusion of site omitted from the listU.K.

F1110.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Designation of special areas of conservationU.K.

F1111.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Classification of sites as special protection areasU.K.

12.—(1) The Secretary of State must classify as special protection areas such sites in the offshore marine area as the Secretary of State considers necessary to ensure that the objective specified in paragraph (2) is attained.

(2) The objective is that there are classified as special protection areas those sites across the United Kingdom's territory which are most suitable in number and size for—

(a)the conservation of the species listed in Annex I to the Wild Birds Directive which naturally occur in that territory; and

(b)the conservation of regularly occurring migratory species of birds not listed in Annex I which naturally occur in that territory.

(3) The Secretary of State must make the decision as to the sites to be classified under paragraph (1) only on the basis of relevant scientific information and—

(a)in the case of a site to be classified for the purpose mentioned in paragraph (2)(a), on the basis of the criteria set out in Article 4(1) of the Wild Birds Directive; and

(b)in the case of a site to be classified for the purpose mentioned in paragraph (2)(b), on the basis of the criteria set out in Article 4(2) of the Wild Birds Directive.

[F12(4) In applying the criteria referred to in sub-paragraphs (3)(a) and (b), references in Articles 4(1) and (4(2) of the Wild Birds Directive to classifying the most suitable territories “in the geographical sea and land area where this Directive applies” are to be construed as referring to the most suitable sites in the offshore marine area, having regard to the importance of such territories for ensuring the survival and reproduction of that species in their area of distribution.]

F13(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Nothing in this regulation requires the Secretary of State to classify as, or as part of, a special protection area any site which is or forms part of a site classified as a special protection area by—

(a)the Scottish Ministers under regulation 13(1); or

(b)the Welsh Ministers under regulation 13(2).

Textual Amendments

Classification of sites in the Scottish offshore region and the Welsh offshore region as special protection areasU.K.

13.—(1) The Scottish Ministers must classify as special protection areas such sites in the Scottish offshore region as they consider necessary to ensure that the objective specified in paragraph (3) is attained.

(2) The Welsh Ministers must classify as special protection areas such sites in the Welsh offshore region as they consider necessary to ensure that the objective specified in paragraph (3) is attained.

(3) The objective is that those sites across the United Kingdom's territory which are most suitable in number and size for—

(a)the conservation of the species listed in Annex I to the Wild Birds Directive which naturally occur in that territory, and

(b)the conservation of regularly occurring migratory species of birds not listed in Annex I which naturally occur in that territory,

are classified as special protection areas, in so far as they consist of sites in the Scottish offshore or Welsh offshore regions (as the case may be).

(4) The Scottish Ministers must make their decision as to the sites to be classified under paragraph (1) only on the basis of relevant scientific information and—

(a)in the case of a site to be classified for the purpose mentioned in paragraph (3)(a), on the basis of the criteria set out in Article 4(1) of the Wild Birds Directive; and

(b)in the case of a site to be classified for the purpose mentioned in paragraph (3)(b), on the basis of the criteria set out in Article 4(2) of the Wild Birds Directive.

(5) But the Scottish Ministers may only classify a site as a special protection area under paragraph (1) if the Secretary of State has agreed that they so classify the site.

(6) The Welsh Ministers must make their decision as to the sites to be classified under paragraph (2) only on the basis of relevant scientific information and—

(a)in the case of a site to be classified for the purpose mentioned in paragraph (3)(a), on the basis of the criteria set out in Article 4(1) of the Wild Birds Directive; and

(b)in the case of a site to be classified for the purpose mentioned in paragraph (3)(b), on the basis of the criteria set out in Article 4(2) of the Wild Birds Directive.

(7) But the Welsh Ministers may only classify a site as a special protection area under paragraph (2) if the Secretary of State has agreed that they so classify the site.

(8) Where a site is classified under paragraph (1) or (2), the Scottish Ministers and the Welsh Ministers respectively must provide information on that site to the Secretary of State, including—

(a)a chart of the site;

(b)its name, location and extent; and

(c)the data resulting from application of the criteria set out in Article 4(1) or (2) of the Wild Birds Directive.

F14(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notification of a proposal to classify a special protection areaU.K.

14.—(1) If the Secretary of State proposes to classify a site as a special protection area under regulation 12, the Secretary of State must give to the Joint Committee—

(a)notice of that proposal; and

(b)an accompanying statement of reasons for that proposal.

(2) Paragraph (1) does not apply in relation to any site in respect of which—

(a)the Scottish Ministers have given notice to the Joint Committee under paragraph (3); or

(b)the Welsh Ministers have given notice to the Joint Committee under paragraph (5).

(3) If the Scottish Ministers propose to classify a site as a special protection area under regulation 13, they must give to the Joint Committee—

(a)notice of that proposal; and

(b)an accompanying statement of reasons for that proposal.

(4) But the Scottish Ministers may not give notice of a proposal to the Joint Committee as described in paragraph (3) unless the Secretary of State has agreed to that proposal.

(5) If the Welsh Ministers propose to classify a site as a special protection area under regulation 13, they must give to the Joint Committee—

(a)notice of that proposal; and

(b)an accompanying statement of reasons for that proposal.

(6) But the Welsh Ministers may not give notice of a proposal to the Joint Committee as described in paragraph (5) unless the Secretary of State has agreed to that proposal.

(7) Where the Joint Committee is given notice of a proposal under paragraph (1), (3) or (5), the Joint Committee must give notice of that proposal and provide a copy of the accompanying statement of reasons for that proposal to—

(a)each of the devolved administrations;

(b)any of the following who in its opinion ought to be notified—

(i)competent authorities which exercise functions in relation to the site;

(ii)competent authorities which exercise functions in relation to a marine area adjacent to the site; and

(iii)persons whose activities are likely to be affected by the classification of the site;

(c)such other persons as in its opinion are to be notified;

(d)such other persons as the Secretary of State directs;

(e)where the Scottish Ministers have given notice under paragraph (3)—

(i)the Secretary of State; and

(ii)such other persons as the Scottish Ministers direct;

(f)where the Welsh Ministers have given notice under paragraph (5)—

(i)the Secretary of State; and

(ii)such other persons as the Welsh Ministers direct.

(8) A notice under paragraph (7) must specify the date (being not less than 12 weeks from the date of the giving of the notice) by which representations with respect to the proposal may be made to the Joint Committee.

(9) The Joint Committee must provide to the relevant administration a report describing the representations, if any, that it received about the proposal, or where no such representations have been received, stating that fact.

(10) The relevant administration must consider the report provided by the Joint Committee under paragraph (9).

(11) The Secretary of State may issue guidance to the Joint Committee for the purposes of its functions under this regulation and the Joint Committee must have regard to that guidance in discharging any of those functions.

(12) The Scottish Ministers may issue guidance to the Joint Committee for the purposes of its functions under this regulation in relation to site proposals under paragraph (3), and the Joint Committee must have regard to that guidance in discharging any of those functions.

(13) The Welsh Ministers may issue guidance to the Joint Committee for the purposes of its functions under this regulation in relation to site proposals under paragraph (5), and the Joint Committee must have regard to that guidance in discharging any of those functions.

(14) The Secretary of State may vary or revoke a direction under paragraph (7)(d), the Scottish Ministers may vary or revoke a direction under paragraph (7)(e)(ii), and the Welsh Ministers may vary or revoke a direction under paragraph (7)(f)(ii).

(15) In this regulation “the relevant administration” means—

(a)in relation to a report concerning a site proposal under paragraph (1), the Secretary of State;

(b)in relation to a report concerning a site proposal under paragraph (3), the Scottish Ministers; and

(c)in relation to a report concerning a site proposal under paragraph (5), the Welsh Ministers.

HearingsU.K.

15.—(1) The [F15relevant administration] may give any person the opportunity of appearing before and being heard by, or of providing representations to, a person appointed by the [F15relevant administration]—

(a)for the purpose of deciding whether to include a site in the list to be transmitted under regulation 7(1);

F16(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)for the purpose of deciding whether to classify a site as a special protection area under regulation 12.

(2) Any person given the opportunity under paragraph (1) of appearing before and being heard by a person appointed by the [F15relevant administration] may—

(a)be represented by another person;

(b)call persons to give evidence; and

(c)put questions to any person who gives evidence at the hearing, including any person who gives expert evidence.

(3) The [F15relevant administration] must consider any report of a person appointed under paragraph (1).

(4) Where [F17a relevant administration] proposes to exercise any function under this regulation in relation to any matter in relation to which functions are exercisable by [F18another relevant administration] under [F19this regulation], [F17a relevant administration] must consult [F20that other administration].

F21(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Hearings conducted by the Scottish MinistersU.K.

F2216.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Hearings conducted by the Welsh MinistersU.K.

F2217.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Meaning of “European offshore marine site”U.K.

18.  In these Regulations a “European offshore marine site” means any of the following located in the offshore marine area—

(a)a special area of conservation;

(b)a site of Community importance which has been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive [F23before exit day];

F24(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)a site classified as a special protection area under regulation 12 or 13; and

[F25(e)a site which, before exit day, was proposed to the European Commission under Article 4(1) of the Habitats Directive, until such time as—

(i)the site is designated as a special area of conservation under regulation 7; or

(ii)the relevant administration gives notice to the appropriate nature conservation body of its intention not to designate the site, setting out the reasons for its decision, in accordance with regulation 86A(3)(b).]

Textual Amendments

[F26Management objectives of the national site networkU.K.

18A.—(1) The Secretary of State and the devolved administrations must, in co-operation with each other, manage, and where necessary adapt, the national site network, so far as it consists of European offshore marine sites, with a view to contributing to the achievement of the management objectives of the national site network.

(2) The management objectives of the national site network are—

(a)to maintain or, where appropriate restore to, a favourable conservation status in their natural range (so far as it lies in the United Kingdom’s territory, and so far as is proportionate)—

(i)the natural habitat types listed in Annex 1 to the Habitats Directive;

(ii)the species listed in Annex II to that Directive whose natural range includes any part of the United Kingdom’s territory;

(b)to contribute, in their area of distribution, to ensuring the survival and reproduction of—

(i)the species of birds listed in Annex I to the Wild Birds Directive which naturally occur in the United Kingdom’s territory;

(ii)regularly occurring migratory species of birds not listed in that Annex which naturally occur in the United Kingdom’s territory;

(c)to contribute to securing compliance with the requirements of Article 2 of the new Wild Birds Directive for the purposes of the duty in regulation 6(1) in relation to the species of birds in paragraph (b) within their area of distribution.

(3) In complying with the obligation in paragraph (1), the Secretary of State and the devolved administrations must have regard—

(a)in relation to sites designated under regulation 7(1) to—

(i)the importance of the sites for meeting the objective in paragraph 2(a);

(ii)the importance of the sites for the coherence of national site network;

(iii)the threats of degradation or destruction (including deterioration and disturbance of protected features) to which the sites are exposed;

(b)in relation to sites classified under regulation 12(1)—

(i)the importance of the sites for meeting the objectives in paragraph 2(b) and (c);

(ii)in the case of migratory species, the importance of their breeding, moulting and wintering areas and staging points along their migration routes;

(iii)the importance of the sites for the coherence of the national site network;

(iii)the threats of degradation or destruction (including deterioration and disturbance of protected features) to which the sites are exposed.

(4) In paragraph (2)(a), “proportionate” means proportionate to the relative importance of—

(a)the part of the natural range lying in the United Kingdom’s territory, and

(b)the part of the natural range lying outside the United Kingdom’s territory,

for achieving a favourable conservation status.]

Textual Amendments

Register of European offshore marine sitesU.K.

19.—(1) The Secretary of State must compile and maintain, in such form as the Secretary of State considers appropriate, a register of European offshore marine sites.

(2) The Secretary of State must include European offshore marine sites in the register as follows—

(a)special areas of conservation, as soon as they are designated;

(b)sites of Community importance, [F27which before exit day were] placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive, until such time as they are designated as special areas of conservation;

F28(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)special protection areas as soon as they are classified as such; and

(e)any site which [F29, before exit day,] has been proposed to the Commission by the Secretary of State as a site eligible for designation as a special area of conservation for the purposes of meeting the United Kingdom's obligations under Article 4(1) of the Habitats Directive until such time as is mentioned in regulation 18(e).

(3) The register must—

(a)in relation to each site included in it, provide the site's co-ordinates and a chart delineating its boundaries;

(b)in relation to a site which is a special area of conservation, specify the natural habitat types listed in Annex I to the Habitats Directive and the species listed in Annex II to that Directive for which the site was designated as a special area of conservation;

(c)in relation to a site which has been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive, specify the natural habitat types listed in Annex I to the Habitats Directive and the species listed in Annex II to that Directive for which the site was placed on that list;

F30(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)in relation to a site which is a special protection area, specify the bird species for which the site was so classified; and

(f)in relation to a site which is of the type mentioned in paragraph (2)(e), specify the natural habitat types listed in Annex I to the Habitats Directive and the species listed in Annex II to that Directive for which the site was proposed by the Secretary of State to the Commission.

(4) The Secretary of State may amend any entry in the register.

[F31(5) Where a site ceases to fall within any of the categories in paragraph (2) for which it is listed in the register the relevant administration must amend the relevant entry in the register in respect of that site.]

(6) The Secretary of State must keep a copy of the register entries available for public inspection at all reasonable hours and free of charge.

Textual Amendments

Notification of changes to the registerU.K.

20.—(1) After including a site in the register, amending an entry in the register or removing an entry from the register, the Secretary of State must give notice of having done so to—

(a)the Joint Committee;

(b)the devolved administrations;

(c)any competent authorities which exercise functions in relation to the site which is affected or a marine area adjacent to the site which is affected, and which in the Secretary of State's opinion it would be appropriate to notify;

(d)any international organisations which in the Secretary of State's opinion it would be appropriate to notify; and

(e)such other persons as in the Secretary of State's opinion it would be appropriate to notify.

(2) Where a site adjoins the territory of [F32a] member State, the Secretary of State must, after including such a site in the register, amending an entry relating to such a site in the register, or removing an entry relating to such a site from the register, give notice of having done so to such authorities of that State as the Secretary of State considers appropriate.

(3) Where the Secretary of State gives notice under paragraph (1) or (2) in respect of the inclusion of a site in the register or the amendment of an entry in the register, the notice must be accompanied by a copy of—

(a)in the case of a notice of the inclusion of a site in the register, the register entry;

(b)in the case of a notice of the amendment of an entry in the register, the amended entry.

Textual Amendments

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