New Laws on Offshore Marine Conservation
The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 (Statutory Instrument 2007 No. 1842) were made on 24th June and enter into force on 21st August 2007. These Regulations make provision for implementing Council Directive 79/409/EEC on the conservation of wild birds (O.J. No. L103, 25.4.79, p.1.) and Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (O.J. No. L206, 22.7.92, p.7) in relation to marine areas where the United Kingdom has jurisdiction beyond its territorial sea. This includes the offshore marine area, offshore marine installations and certain ships and aircraft.
Part 2 of the Regulations makes provision for the conservation of natural habitats and habitats of species, and includes the following:
- Regulations 7-17 make provision for the selection, registration and notification of sites in the offshore marine area to be protected under the Habitats and Wild Birds Directives (”European offshore marine sites”). Regulation 23 makes provision requiring competent authorities to take steps to avoid the disturbance of species and deterioration of habitat in respect of certain offshore marine sites.
- Regulations 25-30 require (amongst other things) the effect of plans and projects in the offshore marine area (or on offshore marine installations) that are likely to have a significant effect on a European offshore marine site or a European site (as defined in regulation 24) to be considered before the plan or project is authorised. Subject to certain exceptions, the authorisation of such plans and projects is prevented where the integrity of the site would be adversely affected.
- Regulation 32 creates new offences in relation to offshore marine sites, as regards the intentional disturbance of animals for the protection of which the site has been designated or listed; the
- Intentional disturbance of wild birds in a classified site; and the intentional or reckless damage or destruction of habitats.
The full text of these Regulations is available from the OPSI website at:
http://www.opsi.gov.uk/si/si2007/20071842.htm
The Conservation (Natural Habitats, etc.) Regulations 1994 have also been amended to include a definition of “European offshore marine site”. The Conservation (Natural Habitats, etc.) (Amendment) Regulations 2007 (Statutory Instrument 2007 No. 1843) were made 22nd June and enter into force on 21st August 2007. . These Regulations generally extend only to England and Wales, and, in so far as they amend the 1994 Regulations in relation to England and Wales, corresponding amendments to the 1994 Regulations have been made in respect of Scotland by S.S.I. 2007/80.
Further amendments are made relating to the inclusion of the offshore marine area within the regulatory framework for nature conservation, and the introduction of new offences relating to damage to the marine environment. The full text of the amending regulations is available from: http://www.opsi.gov.uk/si/si2007/20071843.htm
Source: www.opsi.gov.uk (accessed 09/0707)