The Conservation of Offshore Marine Habitats and Species Regulations 2017

Citation and commencement

1. These Regulations may be cited as the Conservation of Offshore Marine Habitats and Species Regulations 2017 and come into force on 30th November 2017.

Interpretation

2.—(1) In these Regulations—

“the 1994 Regulations” means the Conservation (Natural Habitats, &c.) Regulations 1994⁵;

“the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017⁶;

“a British aircraft” means an aircraft registered in the United Kingdom;

“British fishery limits” has the meaning given by the Fishery Limits Act 1976⁷;

“competent authority” has the meaning given in regulation 5;

“competent authority in Scotland” means a competent authority whose functions are exercisable solely in or as regards Scotland or the Scottish offshore region;

“competent authority in Wales” means a competent authority whose functions are exercisable solely in relation to Wales or the Welsh offshore region;

“DAERA” means Department of Agriculture, Environment and Rural Affairs;

“devolved administrations” means the Scottish Ministers, the Welsh Ministers and, in Northern Ireland, the DAERA;

“Energy Act licence” means a licence which is granted (or is to be granted) under Part 1 of the Energy Act 2008⁸;

“European offshore marine site” has the meaning given by regulation 18;

“European protected species” means the species of animals listed in Schedule 1;

“European site” has the meaning given by regulation 27;

“functions” includes powers and duties;

“the Habitats Directive” means Council Directive 92/43/EEC⁹on the conservation of natural habitats and of wild fauna and flora, and any reference to an Annex to that Directive is a reference to that Annex as amended from time to time;

“installation abandonment measures” means any measures taken in connection with the abandonment of—

(a) an offshore installation within the meaning of Part 4 of the Petroleum Act 1998¹⁰, or submarine pipeline within the meaning of that Part; or

(b) a carbon storage installation, within the meaning of section 30 of the Energy Act 2008¹¹;

whether or not the measures are taken in pursuance of an abandonment programme, and for this purpose “an abandonment programme” means—

(a) an abandonment programme under Part 4 of the Petroleum Act 1998; and

(b) an abandonment programme under that Part, as it applies by virtue of section 30 of the Energy Act 2008;

“the Joint Committee” means the Joint Nature Conservation Committee¹²;

“management scheme” means—

(a) for the purposes of regulation 22(3)(c), a scheme established under regulation 34 of the 1994 Regulations, regulation 29 of the Conservation (Natural Habitats, &c.) Regulations (Northern Ireland) 1995¹³or regulation 38 of the 2017 Regulations; and

(b) for all other purposes, a scheme established under regulation 22(1);

“Natura 2000” means the European network of special areas of conservation, and special protection areas under the Wild Birds Directive, provided for by Article 3(1) of the Habitats Directive;

“Northern Ireland department” has the same meaning as in the Northern Ireland Act 1998¹⁴;

“the offshore marine area” means—

(a) any part of the seabed and subsoil situated in any area designated under section 1(7) of the Continental Shelf Act 1964¹⁵; and

(b) any part of the waters within British fishery limits (except the internal waters of, and the territorial sea adjacent to, the United Kingdom, the Channel Islands and the Isle of Man);

“offshore marine installation” means any artificial island, installation or structure (other than a ship) which is situated—

(a) in any part of the waters in any area designated under section 1(7) of the Continental Shelf Act 1964; or

(b) in any part of the waters in any area designated under section 84(4) of the Energy Act 2004¹⁶;

“Petroleum Act approval” means an approval of an abandonment programme under section 32 of the Petroleum Act 1998¹⁷;

“Petroleum Act authorisation” means an authorisation granted pursuant to section 14 of the Petroleum Act 1998 relating to the construction or use of a pipe-line;

“Petroleum Act licence” means a licence which is granted under or has effect as if granted under the Petroleum Act 1998, or a licence which is to be granted under that Act;

“Petroleum or Energy Act consent” means—

(a) a consent granted pursuant to a Petroleum Act licence or an Energy Act licence, including any consent required pursuant to the Offshore Petroleum Productions and Pipe-lines (Assessment of Environmental Effects) Regulations 1999¹⁸; or

(b) a consent granted pursuant to regulation 4(1) of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001¹⁹;

“premises” includes land, buildings, movable structures, ships and vehicles;

“the register” means the register of European offshore marine sites provided for by regulation 19;

“Scotland” has the same meaning as in the Scotland Act 1998²⁰;

“Scottish inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Scotland;

“Scottish offshore region” means so much of the offshore marine area as—

(a) consists of waters within the Scottish zone and the sea bed and subsoil subjacent to those waters;

(b) areas which lie outside the Scottish zone but which are nearer to any point on the baselines from which the breadth of the territorial sea adjacent to Scotland is measured than to any point on the baselines in any other part of the United Kingdom;

“Scottish zone” has the same meaning as in the Scotland Act 1998²¹;

“ship” means any vessel (including hovercraft, submersible craft and other floating craft) other than one which permanently rests on, or is permanently attached to, the seabed;

“statutory undertaker” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990²², Part 10 of the Town and Country Planning (Scotland) Act 1997²³or the Planning Act (Northern Ireland) 2011²⁴;

“territorial sea” means the territorial sea of the United Kingdom;

“third country ship” means a ship which—

(a) is flying the flag of, or is registered in, any State or territory (other than Gibraltar) which is not a member State; and

(b) is not registered in a member State;

“Wales” has the same meaning as in the Government of Wales Act 2006²⁵;

“the Welsh inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Wales;

“the Welsh offshore region” means so much of the offshore marine area as consists of waters within the Welsh Zone and the sea bed and subsoil subjacent to those waters;

“the Welsh Zone” has the same meaning as in the Government of Wales Act 2006²⁶;

“wild bird” means a bird which—

(a) is a member of a species referred to in Article 1 of the Wild Birds Directive; and

(b) is wild;

“the Wild Birds Directive” means Directive 2009/147/ECof the European Parliament and of the Council on the conservation of wild birds²⁷and any reference to an Annex to that Directive is a reference to the Annex as amended from time to time;

“wildlife officer” means a person authorised under regulation 58;

“within devolved competence”—

(a) in relation to Scotland is to be construed in accordance with section 54 of the Scotland Act 1998; and

(b) in relation to Wales is to be construed in accordance with section 108 of the Government of Wales Act 2006, or (upon its coming into force) section 108A of that Act²⁸.

(2) Unless the context suggests otherwise,—

(a)

(a) expressions used in these Regulations and in the Habitats Directive have the same meaning as in that Directive; and

(b)

(b) expressions used in these Regulations and in the Wild Birds Directive (but not in the Habitats Directive) have the same meaning as in the Wild Birds Directive.

Application to the Crown

3.—(1) These Regulations bind the Crown.

(2) No contravention by the Crown of any provision of these Regulations makes the Crown criminally liable, but the High Court or in Scotland the Court of Session may, on the application of any person appearing to either Court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Notwithstanding paragraph (2), the provisions of these Regulations apply to persons in the public service of the Crown as they apply to any other person.

Rights under international law

4.—(1) This regulation applies in relation to—

(a)

(a) a third country ship;

(b)

(b) a warship which is being used by the government of a State other than the United Kingdom (whether or not it is a third country ship); and

(c)

(c) any other ship which is being used by the government of a State other than the United Kingdom for any non-commercial purpose.

(2) Nothing in these Regulations is to be taken to interfere or require interference with the right of freedom of...