|
Managing European marine
sites - legal responsibilities and requirements in the UK
Habitats Directive Requirements
and the Regulations
Under the Conservation (Natural Habitats, &c.)
Regulations 1994, that transpose the requirements of the Habitats
and Birds Directives into UK law, the statutory nature conservation
agencies (ie. country agencies) have a duty to advise other
relevant authorities, as soon as possible after a site becomes
a European marine site, as to:
‘the conservation objectives for that site’
and ‘any operations which may cause deterioration of
natural habitats or the habitats of species, or disturbance
of species, for which the site has been designated.’
[Regulation 33(2) (GB), Regulation 28(b) (NI)]
For marine sites that have been agreed by the
UK Government and submitted to the European Commission, it is
Government policy that these sites should be treated as if they
were already designated as SACs. The same applies to sites acknowledged
by Government to be potential SPAs. Furthermore, it is policy
that voluntary management schemes should be set up as soon as
possible after sites have been identified as being worthy of
designation, but before the formal statutory obligations begin
to apply.
The Habitats Directive has a number of major requirements.
These are summarised below:
- European marine sites should be managed in
order to contribute to the maintenance or restoration at the
favourable conservation status of their natural habitats and
species.
- In European marine sites steps shall be taken
to avoid the deterioration of the habitats, the habitats of
the species or the disturbance of species for which the site
has been designated.
- Activities, plans or projects, whether inside
or outside the European marine site, that are likely to have
a significant effect on the conservation status of the site’s
features shall be subject to assessment. Generally, such plans
and projects may proceed only when it has been ascertained
that they will not adversely affect the integrity of the site
concerned
- A programme of monitoring will be undertaken
at each site, to monitor the condition of conservation features
of the site and to assess the effectiveness of management
measures undertaken.
- Any management of the site should take account
of the economic, cultural, social and recreational needs of
the local people.
The Regulations state that:
- where required, only one management scheme
may be established for each European marine site [Regulation
34 (GB), Regulation 29 (NI)].
The Regulations suggest that:
- the relevant authorities should work together,
ideally within a management group, to develop a suitable management
scheme for each site;
- any of the relevant authorities may take the
lead in establishing a management scheme.
The Regulations include powers that allow the
appropriate ministers to direct a particular relevant authority
to take the lead in the establishment of a management scheme
or to direct a management scheme once created [Regulation 35
(GB), Regulation 30 (NI)]. The management scheme should be incorporated
in the appropriate statutory framework, e.g. local and regional
plans, or supported by bye-laws as appropriate.
The management scheme should be informed by a
series of site specific conservation objectives. It will be
the duty of the statutory nature conservation agencies to identify
the conservation features of the site and to advise the relevant
authorities as to the conservation objectives for reach site
[Regulation 33 (GB), Regulation 28 (NI)]. The Regulations also
require the conservation agencies to advise relevant authorities
as to any operations which may cause deterioration of, or disturbance
to, the conservation features of the site. Any agreed management
measures required to ensure that the conservation objectives
are met should be undertaken by the appropriate relevant authorities.
Next section
|
