| The implementation of both the Habitats and Birds
Directives is transposed into UK legislation by the Conservation
(Natural Habitats &c.) Regulations 1994, commonly known as the "Habitats
Regulations", which build the requirements of the Birds and
Habitats Directives onto existing regulatory mechanisms. The Habitats
Regulations include various provisions for the designation, safeguard
and management of sites. The key provisions which relate to European
marine sites are outlined here, however, for a complete understanding
of the provisions reference should be made to the "Habitats
Regulations".
Competent and relevant authorities. The Habitats Regulations refer
to two sorts of statutory organisations that have certain responsibilities
within European marine sites. They define competent authorities as 'any minister,
government department, public or statutory undertaker, public body of any
description, or person holding a public office' and relevant authorities as
'certain types of competent authority with powers or functions which have,
or could have, an impact on the marine area within or adjacent to a EMS'.
The Habitats Regulations Regulation 3 (3) and (4) state:
"In relation to marine areas, any competent authority having functions
relevant to marine conservation shall exercise those functions so as to secure
compliance with the requirements of the habitats directive."
And that
"…every competent authority, in the exercise of any of their functions,
shall have regard to the requirements of the Habitats Directive so far as
they may be affected by the exercise of those functions."
Further reading
Council Directive 92/43/EEC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora ("the
habitats directive"), OJ No L 206, 22.7.92, p.7
Council Directive 79/409/EEC of 2 April 1979 on the conservation
of wild birds ("the
birds directive")·
Conservation
(Natural Habitats &c.) Regulations 1994 (Statutory Instrument
1994/2716), HMSO.
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Sites
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