The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, amend the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716) (“the 1994 Regulations”).

They make provision for the transposition of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (O.J. No. L 206, 22.7.1992, p.7) (the “Habitats Directive”), and Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds (O.J. No. L 20, 26.1.2010, p.7) (the “new Wild Birds Directive”).

Regulation 3 provides for the meaning of terms used both in the 1994 Regulations and the new Wild Birds Directive, and replaces the definition of Council Directive 79/409/EEC on the conservation of wild birds (O.J. No. L 103, 25.4.1979, p.1) (the “old Wild Birds Directive”) with a definition of the new Wild Birds Directive. It provides for the reference to the new Wild Birds Directive to be construed as a reference to that instrument as amended from time to time.

Regulation 4 inserts new regulations 9A to 9C into the 1994 Regulations, as follows:—

(a)Regulation 9A of the 1994 Regulations has the effect that the Scottish Ministers must classify as a special protection area all sites up to territorial sea limit adjacent to Scotland that require to be classified pursuant to Articles 4(1) and 4(2) of the new Wild Birds Directive,

(b)Regulation 9B of the 1994 Regulations provides for notification of a proposed special protection area to the appropriate nature conservation body (Scottish Natural Heritage), and for onward notification of the proposal by that body, and

(c)Regulation 9C of the 1994 Regulations enables the Scottish Ministers to appoint a person to hear, or consider written representations from, any person for the purpose of deciding whether or not to classify a special protection area.

The Scottish Ministers are also subject to a duty to classify special protection areas in the Scottish offshore region as provided for by the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 (S.I. 2007/1842).

Regulation 5 provides for references to the Habitats Directive and old Wild Birds Directive in regulation 20 of the 1994 Regulations to be substituted for references to the Habitats Directive and the new Wild Birds Directive as they are amended from time to time. Regulation 20 modifies the application of Chapter 2 of the Nature Conservation (Scotland) Act 2004 (asp 6) in respect of special nature conservation orders as provided for by the 1994 Regulations.

Regulation 6 inserts a new regulation 44A into the 1994 Regulations. It has the effect that Ministers are able to delegate the exercise of their functions under regulation 44(2)(e) to (g) and (2A) of the 1994 Regulations to the appropriate nature conservation body.

A business and regulatory impact assessment has not been prepared for these Regulations.