The Conservation of Offshore Marine Habitats and Species Regulations 2017

PART 5 U.K. LICENCES

Power to grant licences U.K.

55.—(1) Regulations 40, 42 and 43 do not apply to anything done under and in accordance with the terms of a licence granted by the relevant administration under this paragraph, and—

(a) in the interests of preserving public health, public safety or air safety;

(b) for the purpose of preventing serious damage to fisheries;

(c) for the purpose of protecting flora or fauna;

(d) for scientific or educational purposes; or

(e) for the purposes of the re-population of an area with, or the re-introduction into an area of, wild birds (including any breeding necessary for those purposes).

(2) The relevant administration must not grant a licence for any purpose mentioned in paragraph (1) unless satisfied that, as regards that purpose, there is no other satisfactory solution.

(3) The relevant administration may grant a licence to permit the capture, keeping or other judicious use of certain wild birds notwithstanding that the licence is not for a purpose within paragraph (1).

(4) The relevant administration must not grant a licence under paragraph (3) unless satisfied that—

(a) there is no other satisfactory solution than granting the licence; and

(b) the grant of the licence would be consistent with the restrictions in Article 9(1)(c) of the Wild Birds Directive (namely “under strictly supervised conditions and on a selective basis” and in respect of a small number of birds).

(5) Regulations 40, 42 and 43 do not apply to anything done under and in accordance with the terms of a licence granted by the relevant administration under paragraph (3).

(6) Regulations 45, 47 and 49 do not apply to anything done under and in accordance with the terms of a licence granted by the relevant administration under this paragraph, and—

(a) in the interests of public health or public safety or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment;

(b) for the purpose of preventing serious damage to fisheries;

(c) for the purpose of preventing serious damage to property,

(d) in the interest of protecting wild flora or fauna or conserving natural habitats;

(e) for the purpose of preventing the spread of disease;

(f) for scientific or educational purposes; or

(g) for the purposes of the re-population of an area with, or the re-introduction into an area of, wild animals or wild plants (including any breeding or artificial propagation necessary for those purposes).

(7) The relevant administration must not grant a licence under paragraph (6) unless satisfied—

(a) that there is no satisfactory alternative; and

(b) that the action authorised will not be detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range.

(8) The relevant administration may grant a licence to permit the taking or keeping of certain specimens of any of the species or subspecies listed in Annex II(b) (other than any bryophyte) or Annex IV to the Habitats Directive notwithstanding that the licence is not for a purpose within paragraph (6).

(9) The relevant administration must not grant a licence under paragraph (8) unless satisfied—

(a) that the grant of the licence would be consistent with the restrictions in Article 16(1)(e) of the Habitats Directive (namely “under strictly supervised conditions, on a selective basis and to a limited extent” and “in limited numbers”);

(b) that there is no satisfactory alternative; and

(c) that the action authorised will not be detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range.

(10) Regulations 45, 47 and 49 do not apply to anything done under and in accordance with the terms of a licence granted by the relevant administration under paragraph (8).

(11) Regulation 54 does not apply to anything done under and in accordance with the terms of a licence granted by the relevant administration under this paragraph.

(12) The relevant administration must not grant a licence under paragraph (11) unless satisfied that the action authorised by the licence will not prejudice natural habitats within their natural range or wild native fauna or flora.

(13) The relevant administration must not grant a licence for any purpose under this regulation unless it has been advised by the Joint Committee as to the circumstances in which, in the Joint Committee's opinion, licences should be granted for the purpose in question.

(14) The relevant administration may charge for a licence under this regulation such reasonable sum as it may determine.

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

(a) in relation to the licensing of anything done—

(i) in any part of the waters comprising the offshore marine area outside the Scottish offshore region and the Welsh offshore region, or

(ii) in the course of carrying on any activity specified in paragraph (16) in any part of the offshore marine area,

the Secretary of State; and

(b) in relation to the licensing of anything done in the course of carrying out any activity other than one specified in paragraph (16)—

(i) in the Scottish offshore region, the Scottish Ministers; and

(ii) in the Welsh offshore region, the Welsh Ministers.

(16) The activities specified in this paragraph are—

(a) an activity for which a licence under section 3 of the Petroleum Act 1998 M1 is required or which is permitted by section 2 of the Petroleum (Production) Act 1934 M2 (licences to search for and get petroleum);

(b) constructing or maintaining a pipeline in respect of any part of which an authorisation (within the meaning of Part 3 of the Petroleum Act 1998) is in force;

(c) establishing or maintaining an offshore installation (within the meaning of Part 4 of the Petroleum Act 1998) M3 ;

(d) taking any installation abandonment measures;

(e) an activity for which a licence under section 4 or 18 of the Energy Act 2008 M4 is required (gas unloading, storage and recovery, and carbon dioxide storage);

(f) any activity other than those specified in sub-paragraphs (a) to (e), relating to a matter which is a reserved matter by virtue of section D2 (oil and gas) in Part 2 of Schedule 5 to the Scotland Act 1998 M5 ;

(g) any activity relating to a matter which is a reserved matter by virtue of paragraph 9 of Part 1 of that Schedule (defence); and

(h) any activity relating to a matter which is a reserved matter by virtue of section E3 (marine transport) in Part 2 of that Schedule.

(17) For the purposes of paragraph (15)(a), a thing is to be treated as done in a part of the waters referred to in paragraph (i) of that paragraph if it is done on any ship in, or any British aircraft flying over, any such part, or on any aircraft flying over an offshore marine installation in any such part, or on or under any such offshore marine installation.

(18) In relation to an application for a licence received by the Secretary of State before these Regulations come into force, paragraph (15)(b)(ii) applies as if for “the Welsh Ministers” there were substituted “ the Secretary of State ”.

Marginal Citations

M1 1998 c. 17. Section 3 was amended by the Scotland Act 2016, section 48; and by S.I. 2016/898.

M2 1934 c. 36. The whole of the Petroleum (Production) Act 1934 was repealed by Part 1 of Schedule 5 to the Petroleum Act 1998 (c. 17) subject to savings in respect of licences in force immediately before the coming into force of that Act (paragraph 4 of Schedule 3).

M3 Section 44, which defines “offshore installation”, was amended by the Energy Act 2008 (c. 32), Schedule 1, paragraph 11.

M4 2008 c. 32. Section 4 was amended by the Energy Act 2016 (c. 20), Schedule 1, paragraphs 41 and 42; and by S.I. 2017/524. Section 18 was amended by the Energy Act 2016 (c. 20), Schedule 1, paragraphs 41 and 53; and by S.I. 2011/2453 and 2017/524; and by S.S.I. 2011/224.

M5 1998 c. 46.

[F1 Report on licences U.K.

55A.— (1) Within two years from exit day, and thereafter within two years of the publication of the last such report, the relevant administration must publish, in such form as it sees fit, a report on licences granted under regulation 55 for the preceding two years .

(2) A report published under paragraph (1) must specify—

(a) the species to which the licence relates, and the reason for granting the licence, including the nature of the risk, with, if appropriate a reference to alternatives rejected and scientific data used;

(b) in relation to any animal species, any means authorised for the capture or killing of the species and the reasons for the use of that means;

(c) the circumstances of when and where the licence was granted; and

(d) the supervisory measures taken to check that the required conditions of the licence have been complied with, any monitoring that has been carried out of compliance with the conditions of the licence, and the results of that monitoring.]

Textual Amendments

F1 Reg. 55A inserted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 65; 2020 c. 1, Sch. 5 para. 1(1)

Licences: supplementary provisions U.K.

56.—(1) Subject to the provisions of this regulation, a licence under regulation 55—

(a) may be, to any degree, general or specific;

(b) may be granted either to persons of a class or to a particular person; and

(c) may be subject to compliance with any specified conditions.

(2) For the purposes of such a licence the definition of a class of persons may be framed by reference to their being authorised by any other person, or by reference to any other circumstances whatever.

(3) A licence under regulation 55(1) or (3) must specify—

(a) the species of wild birds in respect of which, the circumstances in which, and the conditions subject to which, any action authorised by the licence may be taken; and

(b) the methods, means or arrangements which are authorised or required for the taking of the action.

(4) A licence under regulation 55(6) which authorises any person to kill wild animals must specify the area within which and the means or methods by which the wild animals may be killed.

(5) A licence under regulation 55(8) may only be granted to such persons as are named in the licence.

(6) A licence under regulation 55(8) must specify—

(a) the species of animal or plant specimens which may be taken or kept;

(b) the maximum number of specimens which may be taken or kept or which particular specimens may be taken or kept;

(c) the conditions subject to which the action authorised by the licence may be taken and in particular—

(i) the methods, means or arrangements by which the specimens may be taken or kept;

(ii) when or over what period the action authorised by the licence may be taken; and

(iii) where it authorises any person to take specimens, the area from which they may be taken.

(7) A licence under regulation 55 may be modified or revoked at any time by the relevant administration, but otherwise it is valid for the period stated in the licence.

(8) In paragraph (7), “the relevant administration” is to be construed in accordance with regulation 55(15), (16) and (18).

False statements made for obtaining licence U.K.

57.—(1) A person (“P”) is guilty of an offence if, for the purposes of obtaining (whether for P or another) the grant of a licence under regulation 55, P—

(a) makes a statement or representation, or furnishes a document or information, which P knows to be false in a material particular; or

(b) recklessly makes a statement or representation, or furnishes a document or information, which is false in a material particular.

(2) A person guilty of an offence under this regulation is liable, either on summary conviction or on conviction on indictment, to a fine.