PART 2CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES

Plans and projects

Compensatory measuresC136

1

This regulation applies where, notwithstanding a negative assessment of the implications for a European offshore marine site or European site—

a

a plan or project is agreed to in accordance with regulation 29; or

b

a decision, or a consent, permission or other authorisation, is affirmed on review in accordance with regulations 29 and 34(3).

2

The appropriate authority must secure that any necessary compensatory measures are taken to ensure that the overall coherence of Natura 2000 is protected.

3

The appropriate authority is—

a

where the plan or project is agreed to, or the decision, consent, permission or other authorisation is affirmed, in the exercise of a function within devolved competence in respect of Scotland or by the Scottish Ministers, the Scottish Ministers;

b

where the plan or project is agreed to, or the decision, consent, permission or other authorisation is affirmed, in the exercise of a function within devolved competence in respect of Wales or by the Welsh Ministers, the Welsh Ministers;

c

where the plan or project is agreed to, or the decision, consent, permission or other authorisation is affirmed, by a Northern Ireland department, that Northern Ireland department; and

d

in any other case, the Secretary of State.