UK Statutory Instrument SI 2017/1013 United Kingdom

The Conservation of Offshore Marine Habitats and Species Regulations 2017

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Status
In Force
Penalty ceiling
Imprisonment 10 of 39 obligations carry an unlimited fine. 2 carry different penalties and 27 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person12

Plus 27 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

INTRODUCTORY PROVISIONS

3 of 7 sections shown
s.004 Rights under international law Regulated
Other duties (1) — Crown / regulator
  • Wildlife officers must not enforce against foreign ships without legal authorityStatutory regulator
s.006 Duty of competent authorities Regulated
Other duties (1) — Crown / regulator
  • Competent authorities must ensure compliance with habitat and bird directives in offshore marine areaStatutory regulator
s.006 (1) The Secretary of State must publish, at least every... Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must publish six-yearly report on marine habitat and species conservation measuresCrown / Minister / Government department
4 other sections in this Part — procedural and definitional
s.001 Citation and commencement
s.002 Interpretation
s.003 Application to the Crown
s.005 Meaning of “competent authority”
Part 2

CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES

16 of 35 sections shown
s.007 Duty to designate special areas of conservation Regulated
Other duties (1) — Crown / regulator
  • Government must designate special offshore marine conservation areasCrown / Minister / Government department
s.007 Priorities for designating special areas of conservation Regulated
Other duties (1) — Crown / regulator
  • Set priorities for designating offshore marine conservation sitesCrown / Minister / Government department
s.008 Notification of a proposal for a site of Community importance Regulated
Other duties (1) — Crown / regulator
  • Joint Committee must notify affected persons of proposed marine conservation sites and allow 12 weeks for commentCrown / Minister / Government department
s.012 Classification of sites as special protection areas Regulated
Other duties (1) — Crown / regulator
  • The Secretary of State must classify offshore bird protection sitesCrown / Minister / Government department
s.013 Classification of sites in the Scottish offshore region and the Welsh offshore region as special protection areas Regulated
Other duties (1) — Crown / regulator
  • Classify suitable offshore sites as special protection areas for bird conservationCrown / Minister / Government department
s.014 Notification of a proposal to classify a special protection area Regulated
Other duties (1) — Crown / regulator
  • Joint Committee must notify businesses affected by proposed SPA classificationCrown / Minister / Government department
s.020 Notification of changes to the register Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must notify relevant bodies of changes to the offshore marine sites registerCrown / Minister / Government department
s.021 Establishment of nature conservation objectives Regulated
Other duties (1) — Crown / regulator
  • Joint Committee must set conservation objectives and advise on harmful operationsStatutory regulator
s.022 Management schemes for European offshore marine sites Regulated
Other duties (1) — Crown / regulator
  • Manage offshore marine sites through periodic review and consultationCrown / Minister / Government department
s.023 Duty in relation to management schemes Regulated
Other duties (1) — Crown / regulator
  • Competent authorities must follow management schemes for European offshore marine sitesStatutory regulator
s.030 Agreement to plan or project: England and Northern Ireland Regulated
Other duties (1) — Crown / regulator
  • Competent authority must notify Secretary of State before approving plan despite negative assessmentCrown / Minister / Government department
s.031 Agreement to plan or project: Scotland Regulated
Other duties (1) — Crown / regulator
  • Competent authority must notify Scottish Ministers before agreeing to a plan despite negative environmental assessmentStatutory regulator
s.032 Agreement to plan or project: Wales Regulated
Other duties (1) — Crown / regulator
  • Notify Welsh Ministers and wait 21 days before approving project despite negative assessmentStatutory regulator
s.036 Compensatory measures: relevant offshore wind plans or projects Regulated
Other duties (1) — Crown / regulator
  • Appropriate authority must secure compensatory measures for offshore wind projects affecting protected marine sitesCrown / Minister / Government department
s.037 Notification of compensatory measures Regulated
Other duties (1) — Crown / regulator
  • Regulator must notify Secretary of State and devolved administrations of compensatory measuresStatutory regulator
s.038 Offences relating to European offshore marine sites Prosecution
  • Disturb protected marine species or damage their habitatAny Person

Unlimited fine

19 other sections in this Part — procedural and definitional
s.009 Modification of list of sites
s.010 Consultation as to inclusion of site omitted from the list
s.011 Designation of special areas of conservation
s.015 Hearings
s.016 Hearings conducted by the Scottish Ministers
s.017 Hearings conducted by the Welsh Ministers
s.018 Meaning of “European offshore marine site”
s.018 Management objectives of the national site network
s.019 Register of European offshore marine sites
s.024 Co-ordinated management of sites
s.025 Conservation measures relating to special areas of conservation
s.026 Prevention of deterioration of habitats and disturbance of species
s.027 Meaning of “European site”
s.028 Protection of European offshore marine sites and European sites
s.029 Considerations of overriding public interest
s.033 Review of existing decisions and consents
s.034 Consideration on review
s.035 Co-ordination where more than one competent authority is involved
s.036 Compensatory measures
Part 3

PROTECTION OF SPECIES

7 of 11 sections shown
s.040 Protection of wild birds, their eggs and nests Prosecution
  • Deliberately harm wild birds, their nests, or eggsAny Person

Unlimited fine

s.042 Prohibition of certain methods of capturing or killing wild birds Prosecution
  • Use prohibited methods to capture or kill wild birdsAny Person

Unlimited fine

s.043 Sale etc. of live or dead wild birds, eggs etc. Imprisonment
  • Sell or possess wild birds or eggs illegallyAny Person
s.045 Protection of wild animals listed in Annex IV(a) to the Habitats Directive Imprisonment
  • Harm a European protected marine species or its habitatAny Person
s.047 Prohibition of certain methods of capturing or killing wild animals Prosecution
  • Use prohibited methods to capture or kill protected wild animalsAny Person

Unlimited fine

s.048 Penalties Prosecution
  • Breach of marine habitat or species protection rulesAny Person

Unlimited fine

s.049 Offences relating to wild plants listed in Annex IV(b) to the Habitats Directive Prosecution
  • Trade in protected wild plants without lawful authorityAny Person

Unlimited fine

4 other sections in this Part — procedural and definitional
s.039 Application of offences in Part 3
s.041 Defences to the offences in regulation 40
s.044 Penalties
s.046 Defences to the offences in regulation 45
Part 4

ADDITIONAL PROTECTION OF HABITATS AND WILD ANIMALS AND PLANTS

5 of 5 sections shown
s.050 Surveillance of conservation status of habitats and species Regulated
Other duties (1) — Crown / regulator
  • Government must arrange and conduct ongoing surveillance of offshore marine habitats and speciesCrown / Minister / Government department
s.051 Protection of certain animals and plants from exploitation Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must protect Annex V species from over-exploitation in offshore marine areasCrown / Minister / Government department
s.052 Monitoring incidental capture and killing Regulated
Other duties (1) — Crown / regulator
  • Government must set up monitoring for accidental capture of protected marine speciesCrown / Minister / Government department
s.053 Protection from incidental capture and killing Regulated
Other duties (1) — Crown / regulator
  • Take conservation measures or arrange research to prevent incidental capture of protected marine speciesCrown / Minister / Government department
s.054 Introduction of new species Prosecution
  • Deliberately introduce non-native species into offshore watersAny Person

Unlimited fine

Part 5

LICENCES

2 of 4 sections shown
s.055 Report on licences Regulated
Other duties (1) — Crown / regulator
  • Relevant admins must publish marine licence reports every 2 yearsCrown / Minister / Government department
s.057 False statements made for obtaining licence Prosecution
  • Make false statement to obtain a marine licenceAny Person

Unlimited fine

2 other sections in this Part — procedural and definitional
s.055 Power to grant licences
s.056 Licences: supplementary provisions
Part 6

ENFORCEMENT AND SUPPLEMENTARY PROVISION RELATING TO CRIMINAL OFFENCES

2 of 16 sections shown
s.069 Offences in relation to wildlife officers Prosecution
  • Obstruct, assault, or fail to comply with wildlife officerAny Person

Unlimited fine

s.071 Possession of means of committing offence Prosecution
  • Possess equipment for purpose of committing offshore marine habitat offenceAny Person

Unlimited fine

14 other sections in this Part — procedural and definitional
s.058 Wildlife officers
s.059 Enforcement functions of wildlife officers appointed by the Scottish Ministers or the Welsh Ministers and competent authorities in Scotland or Wales
s.060 Powers of boarding, entry and inspection
s.061 Additional powers
s.062 Powers to make inquiries and examine things
s.063 Powers relating to specimens
s.064 Powers relating to documents and recording evidence of offences
s.065 Further powers in relation to ships
s.066 Assistance for wildlife officers
s.067 Power to use reasonable force
s.068 Liability of wildlife officers
s.070 Jurisdiction of courts
s.072 Offences by bodies corporate etc.
s.073 Territorial Waters Jurisdiction Act 1878
Part 7

MISCELLANEOUS

4 of 16 sections shown
s.074 Research Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must encourage research in offshore marine areasCrown / Minister / Government department
s.075 Nature conservation education Regulated
Other duties (1) — Crown / regulator
  • Joint Committee must promote public awareness of offshore marine conservationCrown / Minister / Government department
s.076 Re-introduction of species Regulated
Other duties (1) — Crown / regulator
  • Regulators must study and investigate species re-introduction before actingCrown / Minister / Government department
s.086 Transitional provisions: EU exit Regulated
Other duties (1) — Crown / regulator
  • Relevant administration must designate offshore marine sites as Special Areas of Conservation following EU exit transitionCrown / Minister / Government department
12 other sections in this Part — procedural and definitional
s.077 Advisory role of the Joint Committee
s.078 Advice on appropriate assessments
s.079 Reports to the Commission
s.080 Form of communications
s.081 Notices
s.082 Review
s.083 Revocations
s.084 Consequential amendments
s.084 Amendment of Schedules
s.084 Statutory instruments
s.085 Saving
s.086 Transitional provisions
Schedules

Schedules

0 of 27 shown
27 other schedules
s.sch001 NOTE. Common names are given in the first column of...
s.sch002 NOTE. Common names are given in the first column of...
s.sch002a The prohibited means of capturing or killing wild birds are—...
s.sch003 NOTE. Common names are given in the first column of...
s.sch003a The prohibited means of capturing or killing mammals are—
s.sch003a The prohibited methods of capturing or killing fish are—
s.sch004 Amendment of the Town and Country Planning Act 1990
s.sch004 Amendment of the Marine Licensing (Exempted Activities) Order 2011
s.sch004 Amendment of the Marine Licensing (Exempted Activities) (Wales) Order 2011
s.sch004 Amendment of the Neighbourhood Planning (General) Regulations 2012
s.sch004 Amendment of the Nitrate Pollution Prevention (Wales) Regulations 2013
s.sch004 Amendment of the Marine Licensing (Application Fees) Regulations 2014
s.sch004 Amendment of the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015
s.sch004 Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2015
s.sch004 Amendment of the Nitrate Pollution Prevention Regulations 2015
s.sch004 Amendment of the Environmental Damage (Prevention and Remediation) (England) Regulations 2015
s.sch004 Amendment of the Town and Country Planning (Brownfield Land Register) Regulations 2017
s.sch004 Amendment of the Marine and Coastal Access Act 2009
s.sch004 Amendment of the Electricity Works (Environmental Impact Assessment) England and Wales Regulations 2017
s.sch004 Amendment of the Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017
s.sch004 Amendment of the Marine (Scotland) Act 2010
s.sch004 Amendment of the Legislative and Regulatory Reform (Regulatory Functions) Order 2007
s.sch004 Amendment of the Marine Management Organisation (Prescription of Powers to Fix Fees and Charges) Order 2010
s.sch004 Amendment of the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010
s.sch004 Amendment of the Marine Strategy Regulations 2010
s.sch004 Amendment of the Marine Licensing (Exempted Activities) (Scottish Offshore Region) Order 2011
s.sch004 Amendment of the Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011

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