PART 2CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES

European offshore marine sites

Duty to compile and maintain a register of European offshore marine sites16

1

The Secretary of State must compile and maintain, in such form as he thinks fit, a register of European offshore marine sites.

2

The Secretary of State must include in the register the following sites located in the offshore marine area—

a

special areas of conservation, as soon as they are designated by him;

b

sites of Community importance, as soon as they are placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive, until such time as they are designated as special areas of conservation;

c

any site hosting a priority natural habitat type or priority species in respect of which consultation has been initiated under Article 5(1) of the Habitats Directive, during the consultation period or pending a Council decision under Article 5(3);

d

special protection areas as soon as they are classified as such by him; and

e

any site which has been proposed to the Commission by the Secretary of State as a site eligible for designation as a special area of conservation for the purposes of meeting the United Kingdom’s obligations under Article 4(1) of the Habitats Directive until such time as is mentioned in regulation 15(e).

3

The register must—

a

in relation to each site included in it, provide the site’s co-ordinates and a chart delineating its boundaries;

b

in relation to a site which is a special area of conservation, specify the natural habitat types listed in Annex I to the Habitats Directive and the species listed in Annex II to that Directive for which the site was designated as a special area of conservation;

c

in relation to a site which has been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive, specify the natural habitat types listed in Annex I to the Habitats Directive and the species listed in Annex II to that Directive for which the site was placed on that list;

d

in relation to a site in respect of which consultation has been initiated under Article 5(1) of the Habitats Directive, specify the priority natural habitat type and priority species which the Secretary of State considers the site hosts;

e

in relation to a site which is a special protection area, specify the bird species for which the site was so classified; and

f

in relation to a site which is of the type mentioned in paragraph (2)(e), specify the natural habitat types listed in Annex I to the Habitats Directive and the species listed in Annex II to that Directive for which the site was proposed by the Secretary of State to the Commission.

4

The Secretary of State may amend any entry in the register.

5

The Secretary of State must remove the relevant entry—

a

if a special area of conservation is declassified by the Commission pursuant to Article 9 of the Habitats Directive; or

b

if a site otherwise ceases to fall within any of the categories listed in paragraph (2).

6

The Secretary of State must keep a copy of the register entries available for public inspection at all reasonable hours and free of charge.