| Plans & Projects
In addition to general management and regulatory functions,
many competent authorities have statutory functions to make decisions
on applications for consents, authorisations, licences and permits
as governed by statute. Such consents, authorisations, licenses
and permits give permission for ‘plans or projects’
within the meaning of Article 6 of the Habitats Directive. The Regulations
state that where such consents are given which are likely to have
a significant effect upon a European marine site, full consideration
must be given to the provisions of the Habitats Directive.
The management scheme may also provide guidance for the assessment
of plans and projects, particularly those of a repetitive nature.
The Solent Forum have produced a Guide
to Marine Consents. A plan or project is any operation that
requires an application to be made for a specific statutory consent,
authorisation, licence or other permission. This is in contrast
to "activities" which are controlled or managed by competent authorities
on a continuing basis.
Co-ordinated approach
There is no general requirement to produce a management scheme for
an EMS, but government guidance suggests that local bodies prepare
a management scheme. There may be only one management scheme for
a EMS and it is in the interests of all relevant authorities on
a site to contribute to its production. The management scheme should
be integrated as far as possible with other relevant plans and statutory
frameworks e.g. local and regional plans, and supported by relevant
authority bye-laws as appropriate.
Nature conservation objectives
English Nature and the Countryside Council for Wales are the Government's
advisory bodies on nature conservation issues and are relevant authorities
in their own right. In addition to the general responsibilities
as relevant and competent authorities, they have other specific
duties under the Habitats Regulations. They are required by Regulation
33(2) to advise other relevant authorities as to the conservation
objectives of a European marine site and any operations which may
cause deterioration to habitats or disturbance to species for which
it has been designated. "This advice will guide the relevant authorities
in developing the management scheme through which they must comply
with their own duties under the Regulations." (DETR guidance para
3.21)
Further reading
European Marine Sites in England & Wales - A Guide to the Conservation
(Natural Habitats &c.) Regulations 1994 and to the Preparation and Application
of Management Schemes. DETR and Welsh Office, June 1998.
European marine sites: An introduction to management. EN, CCW, SNH, JNCC,
DoENI, SAMS, 1996.
Natura 2000 - Indications
of Good Practice for establishing management schemes on European marine sites.
UK Marine SACs Project. EN, SNH, CCW, EHS (DoE (NI)), JNCC & SAMS 2001.
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