Action: The role of relevant authorities in SAC
management
Management schemes provide a framework within which
activities will be managed, either voluntarily or
through regulation, in order to achieve the conservation
objectives of the European marine site. In light
of the identification of operations that may cause
deterioration or disturbance to the interest features
of the site and the evaluation of existing use,
the management group should develop a strategy for
meeting the conservation objectives.
In many cases it may not be necessary to regulate,
with action being applied on voluntary basis in
some cases and in others action may be simply to
endorse the status quo. It has long been established
that the relevant authorities shall not have new
powers. Where new regulation is needed the measures
may be based entirely on upon the existing powers
of the relevant authorities if they are capable
of being used to achieve the objectives of designation.
However, in other cases, relevant authorities may
need to seek changes to the ways in which their
existing statutory jurisdiction is applied using
the established procedures for that purpose. This
is the case for harbour authorities who need to
apply for new powers by means of a Harbour Revision
Order (HRO) under the Harbours Act 1964.
It is important to note that the responsibilities
and consequent liabilities of relevant authorities
are not combined under a management scheme. The
main purpose of the management group must, therefore,
be to assign any sphere of activity to one or more
relevant authorities. The process of assigning activities,
comparing information and monitoring feedback allows
relevant authorities to develop consensus and consistency,
and to address any conflicts without the need to
resort to a legalistic process. Under the Habitats
Regulations the country conservation agencies have
powers to act where there is no other relevant authority
or where the relevant authority is unable to act
for legal or practical reasons.
Having been assigned a sphere of
activity by the management group, the decision on
the action required is the responsibility of the
relevant authorities concerned. That relevant authority
will inform and consult with the management group
over the action it proposes to take (or not to take),
however the management group has no authority to
approve or disapprove of that action. A main function
of the management scheme is to build consensus between
relevant authorities. There are express powers of
intervention given to Ministers in cases when it
becomes clear that local liaison, co-ordination
and consultation is inadequate, if there are undue
delays or if the conservation objectives for the
site are not being achieved. In addition to helping
to resolve these local issues, Government support
may also give greater weight to the enforcement
of byelaws identified as being relevant to the scheme
of management.
Therefore, in undertaking the challenge of setting
up and implementing a management scheme and in considering
the operation of relevant authorities within the
context of a scheme, there are a number of essential
requirements:
The management scheme should find ways of fulfilling
the obligations of the relevant authorities that
do not conflict with their core operations, especially
those that are also statutory duties. The management
scheme should also seek ways of fulfilling the obligations
of those relevant authorities that are also commercial
organisations that do not put them at a competitive
disadvantage.
Clear, specific conservation objectives that are
quantified where possible and good advice on operations
which may cause deterioration or disturbance are
required. This advice is currently being devised
by the country conservation agencies, as described
above.
Responsibilities of relevant authorities need to
be explicit and additional duties need to be funded.
Next section
|