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Advice on operations
which may cause deterioration or disturbance
SSSIs/ASSIs
Developing the
advice
Reviewing and
amending the advice on operations
For European marine sites, the country agencies
have a duty under Regulation 33(2)(GB) and Regulation 28[2(b)]
(NI) to advise relevant authorities as to the operations which
may cause deterioration of habitats or the habitats of species,
or disturbance to species, for which the site has been designated.
This advice will be based on the management needs of the interest
feature, irrespective of whether those needs can best be met
by relevant authorities, competent authorities, owner-occupiers
or anyone else.
The purpose of the advice is to assist relevant
authorities and others in managing those activities which could
inhibit or prevent the conservation objectives for an interest
feature being achieved. Relevant authorities and other competent
authorities will also use this information to inform their decisions
on the carrying out of operations on the site and when forming
a view on the likelihood of significant effects of plans and
projects [Regulation 48 (GB) and Regulation 43 (NI)].
The advice on operations will be linked to the
conservation objectives for interest features. This will help
relevant authorities to assess whether the current management
of a site meets these requirements, and whether any changes
to management measures are needed.
Advice as to the operations which may cause deterioration
or disturbance is not limited to those operations being undertaken
within the site boundary. The intent of Regulation 33(2) (GB)
and Regulation 28[2(b)] (NI) is to consider all activities that
may have an effect on interest features, including activities
taking place outside the site boundary.
Individual relevant authorities are not required
under these Regulations to deal directly with operations outside
their remit. A relevant authority can approach another body
(a competent authority, owner-occupier, etc) to request their
co-operation in the effective control of an operation. Failing
that, a relevant authority can make a request to the Secretary
of State to direct another authority to take action. Country
agencies have byelaw-making powers which enable them to act
where no other regulatory power presently exists, or where the
relevant authority is unable to act for legal or practical reasons.
Many European marine sites cover inter-tidal areas
up to high water mark as well as sub-tidal areas. Most inter-tidal
areas in England, Wales and Scotland within European marine
sites will already be designated as Sites of Special Scientific
Interest (SSSI, or Areas of Special Scientific Interest (ASSI)
in Northern Ireland. The management of SACs on land will be
achieved largely through the SSSI/ASSI system. Therefore ASSIs
in Northern Ireland will have lists of Notifiable Operations
(Nos), under the Nature Conservation and Amenity Lands (Northern
Ireland) Order 1985. For SSSIs notified under the Wildlife and
Countryside Act 1981, in England, Wales and Scotland, the equivalent
are termed Operations Likely to Damage (OLDs). SSSIs in England
and Wales can be notified down to mean low water mark of ordinary
tides. In Scotland and Northern Ireland, the SSSIs/ASSIs can
be notified down to mean low water mark of spring tides.
Where a site with no sub-tidal area falls within
the definition, given in the Regulations, of a European marine
site because it includes the inter-tidal area, it may be possible
either largely or totally to deliver the conservation objectives
through the SSSI/ASSI mechanism and the planning system. In
these cases, country agencies may take the view that a management
scheme under the Regulations is not necessary.
Whilst the OLDs/NOs will continue in force on
SSSIs and ASSIs that are within European marine sites, they
are distinct from, and do not replace, the advice which the
country agencies are required to provide under Regulation 33
(GB) and Regulation 28 (NI) for the whole of the European marine
site. Operations advice may, where appropriate, include reference
to activities included in OLDs/NOs lists.
Operations which may cause the deterioration or
disturbance (OMDDs) to the habitats and/or species for which
the site has been designated will be identified. The following
approach will be taken:
- In developing the operations advice, the country
agencies will discuss issues concerning the draft list of
operations with relevant authorities and users in order to
help ensure that the most important operations are identified.
- Relevant authorities and country agencies will
want to work together to ensure that sufficient management
effort is concentrated at an early stage on those activities
where effective control is most important to prevent deterioration
or damage. In developing advice on operations, reference will
be made to the existing list of OLDs/NOs for particular sites.
- It is important to note that the country agencies’
advice on operations is not intended to restrict the actions
of relevant authorities to control or manage potentially damaging
operations. Opportunities should be taken for positive management
of a site to assist with achieving the conservation objectives
and to ensure the overall sustainable use of the site’s marine
resources.
It will be made clear to relevant authorities
that the advice given includes only those operations which are
judged likely to be significant in relation to the site’s interest
features. However, other operations which are usually judged
to pose little risk could, if carried out intensively or in
a very sensitive location, cause deterioration or disturbance
and relevant authorities will want to seek to minimise such
activities. Similarly, it may not have been possible to foresee,
or predict the possible effects of, novel operations or technologies
and these may not have been included in the initial list even
though potentially damaging. Therefore the country agencies
will want to review the experience with relevant authorities,
learn from it, and revise the advice as necessary.
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