The Conservation of Offshore Marine Habitats and Species Regulations 2017

Common name	Scientific Name
Dolphins, porpoises and whales (all species)	Cetacea
Sturgeon, Common	Acipenser sturio
Turtles, Marine	Caretta caretta Chelonia mydas Dermochelys coriacea Eretmochelys imbricata Lepidochelys kempii

NOTE. Common names are given in the first column of this Schedule by way of guidance only; in the event of any dispute or proceedings, the common name must not be taken into account.

SCHEDULE 2 — EXCLUDED POPULATIONS OF CERTAIN SPECIES

Common Name	Scientific Name	Excluded countries and areas
Beaver, Eurasian	Castor fiber	Estonia, Finland, Latvia, Lithuania, Poland, and Sweden
Hamster, European (or Black bellied)	Cricetus cricetus	Hungary
Wolf, Grey	Canis lupus	Bulgaria, Estonia, Greece north of the 39th parallel, Latvia, Lithuania, Poland, Slovakia, Spain north of the River Duero, and the reindeer management area in Finland as defined in paragraph 2 of Finnish Act No. 848/90 of 14th September 1990 on reindeer management
Lynx, Eurasian	Lynx lynx	Estonia
Viper, Seoane's	Vipera seoanni	Spain

NOTE. Common names are given in the first column of this Schedule by way of guidance only; in the event of any dispute or proceedings, the common name must not be taken into account.

SCHEDULE 3 — ANIMALS WHICH MAY NOT BE TAKEN OR KILLED IN CERTAIN WAYS

Common name	Scientific name
Seals (all species)	Phocidae
Shad, Alis Shad, Twaite	Alosa alosa Alosa fallax
Sturgeon (all species except the common sturgeon)	Acipenseridae (except Acipenser sturio)

NOTE. Common names are given in the first column of this Schedule by way of guidance only; in the event of any dispute or proceedings, the common name must not be taken into account.

SCHEDULE 4 — AMENDMENTS TO LEGISLATION

PART 1 — PRIMARY LEGISLATION

Amendment of the Town and Country Planning Act 1990

1

• (1) The Town and Country Planning Act 1990 is amended as follows.

• (2) In sub-paragraph (5) of paragraph 6 (development likely to have significant effects on environment etc), in paragraph (a) of the definition of “qualifying European site”, for “the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007” substitute “ the Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013) ”.

Amendment of the Marine and Coastal Access Act 2009

2

• (1) The Marine and Coastal Access Act 2009 is amended as follows.

• (2) In subsection (9) of section 123 (creation of network of conservation sites), for paragraph (b) of the definition of “European marine site” substitute—

(b) a European offshore marine site within the meaning of the Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013),

• (3) In subsection (2) of section 237 (enforcement of nature conservation legislation), for paragraph (e) substitute—

(e) the Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013);

Amendment of the Marine (Scotland) Act 2010

3

• (1) The Marine (Scotland) Act 2010 is amended as follows.

• (2) In subsection (9) of section 79 (creation of network of conservation sites), for the definition of “European offshore marine site” substitute—

“European offshore marine site” has the meaning given by the Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013),

PART 2 — SUBORDINATE LEGISLATION

Amendment of the Legislative and Regulatory Reform (Regulatory Functions) Order 2007

4

• (1) The Legislative and Regulatory Reform (Regulatory Functions) Order 2007 is amended as follows.

• (2) In Part 2 of the Schedule to that Order, for “Offshore Marine Conservation (Natural Habitats, &c.) 2007” substitute “ Conservation of Offshore Marine Habitats and Species Regulations 2017 ”.

Amendment of the Marine Management Organisation (Prescription of Powers to Fix Fees and Charges) Order 2010

5

• (1) The Marine Management Organisation (Prescription of Powers to Fix Fees and Charges) Order 2010 is amended as follows.

• (2) In the table in the Schedule, omit the entry in respect of the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007, and in its place substitute—

Conservation of Offshore Marine Habitats and Species Regulations 2017
Regulation 55(14)	To charge a reasonable sum for a licence issued under regulation 55.

Amendment of the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Marine Strategy Regulations 2010

7

• (1) The Marine Strategy Regulations 2010 are amended as follows.

• (2) In Schedule 2 (enactments in relation to which duty in regulation 4 applies), for “The Offshore Marine Conservation (Natural Habitats) Regulations 2007” substitute “ The Conservation of Offshore Marine Habitats and Species Regulations 2017 ”.

Amendment of the Marine Licensing (Exempted Activities) (Scottish Offshore Region) Order 2011

8

• (1) The Marine Licensing (Exempted Activities) (Scottish Offshore Region) Order 2011 is amended as follows.

• (2) In Article 3 (interpretation), for paragraph (b) of the definition of “a European Site” substitute “a European offshore marine site within the meaning of regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017”.

Amendment of the Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011

9

• (1) The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011 is amended as follows.

• (2) In article 2 (interpretation), in paragraph (2), for paragraph (b) of the definition of “a European site” substitute “a European offshore marine site within the meaning of regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017”.

Amendment of the Marine Licensing (Exempted Activities) Order 2011

10

• (1) The Marine Licensing (Exempted Activities) Order 2011 is amended as follows.

• (2) In article 3 (interpretation), for paragraph (b) of the definition of “a European site” substitute—

(b) “European offshore marine site” as defined in regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017;

Amendment of the Marine Licensing (Exempted Activities) (Wales) Order 2011

11

• (1) The Marine Licensing (Exempted Activities) (Wales) Order 2011 is amended as follows.

• (2) In article 3 (interpretation), for paragraph (b) of the definition of “European Site”, substitute—

(b) “European offshore marine site” within the meaning of regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017;

Amendment of the Neighbourhood Planning (General) Regulations 2012

12

• (1) The Neighbourhood Planning (General) Regulations 2012 are amended as follows.

• (2) In the basic condition prescribed in paragraph 1 of Schedule 2 (neighbourhood development plans), for “the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007” substitute “ the Conservation of Offshore Marine Habitats and Species Regulations 2017 ”.

Amendment of the Nitrate Pollution Prevention (Wales) Regulations 2013

13

• (1) The Nitrate Pollution Prevention (Wales) Regulations 2013 are amended as follows.

• (2) In regulation 13A (application for a derogation), for the definition of “European offshore marine site” in paragraph (15)(a) substitute—

“European offshore marine site” has the meaning given in regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017; and

Amendment of the Marine Licensing (Application Fees) Regulations 2014

14

• (1) The Marine Licensing (Application Fees) Regulations 2014 are amended as follows.

• (2) In paragraph 2(3) of the Schedule (application bands and maximum caps), in the definition of “European site”, for the words “regulation 15” to the end, substitute “ regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017 ”.

Amendment of the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015

15

• (1) The Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015 are amended as follows.

• (2) In Schedule 2 (prescription of consents)—

• (a) for the entry “Offshore Marine Conservation (Natural Habitats. &c) Regulations 2007” in the column entitled “Act” substitute “Conservation of Offshore Marine Habitats and Species Regulations 2017”; and

• (b) for the entry “A licence under regulation 49 (power to grant licences)” in the column entitled “consent or authorisation” substitute “A licence under regulation 55 (power to grant licences)”.

Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2015

16

• (1) The Town and Country Planning (Development Management Procedure) (England) Order 2015 is amended as follows.

• (2) In article 2 (interpretation), for the definition of “qualifying European site” substitute—

“qualifying European site” means— (a) a European offshore marine site within the meaning of regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017; or (b) a European site within the meaning of regulation 8(1) of the Conservation of Offshore Marine Habitats and Species Regulations 2017;

Amendment of the Nitrate Pollution Prevention Regulations 2015

17

• (1) The Nitrate Pollution Prevention Regulations 2015 are amended as follows.

• (2) In regulation 37 (determination of application), in paragraph (6), for the definition of “European offshore marine site” substitute—

“European offshore marine site” has the meaning given by regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017.

Amendment of the Environmental Damage (Prevention and Remediation) (England) Regulations 2015

18

• (1) The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 are amended as follows.

• (2) In paragraph 5(d) of Schedule 1 (express authorisation of damage to a protected species, natural habitat or to a site of special scientific interest), for “the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007” substitute “ the Conservation of Offshore Marine Habitats and Species Regulations 2017 ”.

Amendment of the Town and Country Planning (Brownfield Land Register) Regulations 2017

19

• (1) The Town and Country Planning (Brownfield Land Register) Regulations 2017 are amended as follows.

• (2) In regulation 14, (exemptions for certain types of land), in paragraph (5), in paragraph (a) of the definition of “qualifying European site”, for “regulation 15 of the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007” substitute “ regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017 ”.

Amendment of the Electricity Works (Environmental Impact Assessment) England and Wales Regulations 2017

20

• (1) The Electricity Works (Environmental Impact Assessment) England and Wales Regulations 2017 are amended as follows.

• (2) In regulation 8 (co-ordination of environmental impact assessment with Habitats Regulations assessment), in paragraph (2), for “regulation 25 of the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007” substitute “ regulation 28 of the Conservation of Offshore Marine Habitats and Species Regulations 2017 ”.

Amendment of the Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017

21

• (1) The Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017 are amended as follows.

• (2) In regulation 38 (co-ordination of assessments), in paragraph (2), for paragraph (b) of the definition of “habitats regulation appraisal” substitute “regulation 28 of the Conservation of Offshore Marine Habitats and Species Regulations 2017”.

Signed

Thérèse Coffey — Parliamentary Under Secretary of State — 2017-10-30

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: S.I. 2008/301.

[^f00002]: 1972 c. 68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), Part 3, section 27(1); and the European Union (Amendment) Act 2008 (c. 7), Part 1 of the Schedule.

[^f00003]: In so far as these Regulations deal with matters that are within the devolved competence of Scottish Ministers, the power of the Secretary of State to make regulations in relation to those matters in or as regards Scotland is preserved by section 57(1) of the Scotland Act 1998 (c. 46).

[^f00004]: Paragraph 1A was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

[^f00005]: S.I. 1994/2716, to which relevant amendments have been made by the Environment Act 1995 (c. 25), paragraph 233 of Schedule 22, the Land Reform (Scotland) Act 2003 (asp 2), paragraphs 14 and 16 of Schedule 2; and by S.I. 1996/525, 1996/973, 1997/3055, 1999/1820, 2000/192, 2000/1973 and 2007/1843 and S.S.I. 2000/323 and 2004/475.

[^f00006]: S.I. 2017/1012.

[^f00007]: 1976 c. 86.

[^f00008]: 2008 c. 32.

[^f00009]: OJ No. L206, 22.7.92, p.7, as last amended by Council Directive 2013/17/EU (OJ No. L 158, 10.6.2013, p.193), and see OJ No. L 80, 21.3.2007, p.15, for the corrigendum amending the original title.

[^f00010]: 1998 c. 17.

[^f00011]: The definition of “carbon storage installation” in section 30(5) was amended by S.I. 2011/2453.

[^f00012]: The Joint Committee was continued in existence by section 31 of the Natural Environment and Rural Communities Act 2006 (c. 16) and reconstituted in accordance with Schedule 4 to that Act.

[^f00013]: S.R. (N.I.) 1995 No. 380.

[^f00014]: 1998 c. 47.

[^f00015]: 1964 c. 29. Section 1(7) was amended by the Oil and Gas (Enterprise) Act 1982 (c. 23) section 37 and Schedule 3, paragraph 1. Areas have been designated under section 1(7) by S.I. 1987/1265, 2000/3062 and 2001/3670.

[^f00016]: 2004 c. 20. Section 84(4) was substituted by the Marine and Coastal Access Act 2009 (c. 23), Schedule 4, paragraph 4. An area has been designated under section 84(4) by S.I. 2004/2668.

[^f00017]: 1998 c. 17. Section 32 was amended by the Energy Act 2016 (c. 20), Schedule 2, paragraphs 1 and 4.

[^f00018]: S.I. 1999/360, amended by S.I. 2007/933, 2011/1043 and 2016/912.

[^f00019]: S.I. 2001/1754, amended by S.I. 2007/77.

[^f00020]: 1998 c. 46.

[^f00021]: 1998 c. 46. See sections 126(1) and (2) of that Act.

[^f00022]: 1990 c. 8. Section 262, which defines “statutory undertakers”, was amended by the Planning and Compensation Act 1991 (c. 34), Schedule 6, paragraph 22; the Utilities Act 2000 (c. 27), section 76; and the Transport Act 2000 (c. 38), Schedule 5, paragraph 6; and by S.I. 2001/1149 and 2013/755.

[^f00023]: 1997 c. 8. Section 214, which defines “statutory undertakers”, was amended by the Utilities Act 2000 (c. 27), section 76; and the Transport Act 2000 (c. 38), Schedule 5, paragraph 10; and by S.I. 2001/1149.

[^f00024]: 2011 c. 25.

[^f00025]: 2006 c. 32. See section 158(1).

[^f00026]: See section 158(1). The definition of “the Welsh zone” was inserted by the Marine and Coastal Access Act 2009 (c. 23), section 43(1) and (2).

[^f00027]: OJ No. L 20, 26.1.10, p.7, last amended by Council Directive 2013/17/EU (OJ No. L158, 10.6.2013, p.193).

[^f00028]: 2006 c. 32. Section 108A is substituted for section 108 by the Wales Act 2017 (c. 4), section 3(1), as from a date to be appointed.

[^f00029]: 1934 c. 49.

[^f00030]: 1949 c. 74. Section 34 was amended by section 36(1) and (2) of the Merchant Shipping Act 1998 (c. 12), and repealed, subject to transitional provisions by the Marine and Coastal Access Act (c. 23), Part 1, paragraph 1 of Schedule 8; section 34 was repealed in relation to Scotland by the Marine (Scotland) Act 2010 (2010 asp 5), Part 1, paragraph 1 of Schedule 4. For transitional provisions in relation to England and Wales, see the 2009 Act, Part 2, paragraph 2, and Part 4, paragraph 9, of Schedule 9.

[^f00031]: 1967 c. 84.

[^f00032]: 1971 c. 60.

[^f00033]: 1976 c. 86.

[^f00034]: 1981 c. 29.

[^f00035]: 1985 c. 48.

[^f00036]: 1995 c. 21. Section 128 was amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28), sections 12 and 29, and paragraph 3(2) of Schedule 6, and paragraph 3(3) of Schedule 7; and the Merchant Shipping (Pollution) Act 2006 (c. 8), section 2.

[^f00037]: 1999 c. 24.

[^f00038]: S.I. 1996/2154, amended by S.I. 1997/1910, 1999/1957, 2000/483, 2004/303 and 2005/1916.

[^f00039]: S.I. 1998/1056, amended by S.I. 2015/386 and 2016/992.

[^f00040]: S.I. 2002/1861, amended by S.I. 2010/1513 and 2015/664.

[^f00041]: 2008 c. 29.

[^f00042]: Section 123(3)(a) applies in relation to the “UK marine area”, defined in section 42 of the Marine Act in terms which include the area comprised in the offshore marine area.

[^f00043]: 2009 c. 23.

[^f00044]: S.I. 2007/1842, as amended by S.I. 2009/7, S.I. 2010/490, S.I. 2010/491, S.I. 2010/1513, S.I. 2011/2043, S.I. 2012/1809, S.I. 2012/1928, S.I. 2013/755, S.I. 2015/191, S.I. 2016/912, S.S.I. 2007/485 and SSI 2015/320.

[^f00045]: S.R. (N.I.) 1995 No. 380.

[^f00046]: 1998 c. 47.

[^f00047]: S.I. 2007/1842, amended by S.I. 2009/7, 2010/491 and 2012/1928, and revoked by these Regulations.

[^f00048]: 1989 c. 29.

[^f00049]: Section 36 was amended by the Energy Act 2004 (c. 20), section 93(1) and (3); the Planning Act 2008 (c. 29), paragraphs 31 and 32 of Schedule 2; the Marine and Coastal Access Act 2009 (c. 23), section 12(7)(a) and (8); the Energy Act 2016, section 78; the Wales Act 2017 (c. 4) section 39; and, in relation to Scotland, by S.I. 2006/1054, paragraph 1(1) and (2) of Schedule 1.

[^f00050]: Section 37 was amended by the Planning Act 2008 (c. 29), paragraphs 31 and 33 of Schedule 2; and the Wales Act 2017 (c. 4), section 42.

[^f00051]: OJ No. L 354, 28.12.2013, p.22, as amended by Council Regulation (EU) No 1385/2013 (OJ No. L 354, 28.12.2013, p.86) and Regulation (EU) 2015/812 (OJ No. L 133, 29.5.2015, p.1).

[^f00052]: OJNo. L 354, 28.12.2013, p. 22, as amended by Council Regulation (EU) No 1385/2013 (OJ No. L 354, 28.12.2013, p. 86) and Regulation (EU) 2015/812 (OJ No. L 133, 29.5.2015, p. 1).

[^f00053]: O.J. No. L358, 31.12.02, p. 59.

[^f00054]: 1981 c. 69.

[^f00055]: S.I. 1985/171 (N.I. 2).

[^f00056]: S.I. 2007/1842, amended by S.I. 2009/7, 2010/491 and 2012/1928, and revoked by these Regulations.

[^f00057]: S.I. 2007/1842, amended by S.I. 2009/7, 2010/491 and 2012/1928, and revoked by these Regulations.

[^f00058]: OJNo. L 354, 28.12.2013, p. 22, as amended by Council Regulation (EU) 1385/2013 (OJ No. L 354, 28.12.2013, p. 86) and Regulation (EU) 2015/812 (OJ No. L 133, 29.5.2015, p. 1).

[^f00059]: 1964 c. 29. Section 1(7) was amended by the Oil and Gas (Enterprise) Act 1982 (c. 23) paragraph 1 of Schedule 3. Areas have been designated under section 1(7) by S.I. 1987/1265, 2000/3062 (revoked by S.I. 2013/3162), 2001/3670 (revoked by S.I. 2013/3162), and 2013/3162.

[^f00060]: 1998 c. 17. Section 3 was amended by the Scotland Act 2016, section 48; and by S.I. 2016/898.

[^f00061]: 1934 c. 36. The whole of the Petroleum (Production) Act 1934 was repealed by Part 1 of Schedule 5 to the Petroleum Act 1998 (c. 17) subject to savings in respect of licences in force immediately before the coming into force of that Act (paragraph 4 of Schedule 3).

[^f00062]: Section 44, which defines “offshore installation”, was amended by the Energy Act 2008 (c. 32), Schedule 1, paragraph 11.

[^f00063]: 2008 c. 32. Section 4 was amended by the Energy Act 2016 (c. 20), Schedule 1, paragraphs 41 and 42; and by S.I. 2017/524. Section 18 was amended by the Energy Act 2016 (c. 20), Schedule 1, paragraphs 41 and 53; and by S.I. 2011/2453 and 2017/524; and by S.S.I. 2011/224.

[^f00064]: 1998 c. 46.

[^f00065]: 1998 c. 17. Section 3 was amended by the Scotland Act 2016, section 48; and by S.I. 2016/898.

[^f00066]: 1934 c. 36. The whole of the Petroleum (Production) Act 1934 was repealed by Part 1 of Schedule 5 to the Petroleum Act 1998 (c. 17) subject to savings in respect of licences in force immediately before the coming into force of that Act (paragraph 4 of Schedule 3).

[^f00067]: Section 44, which defines “offshore installation”, was amended by the Energy Act 2008 (c. 32), Schedule 1, paragraph 11

[^f00068]: 2008 c. 32. Section 4 was amended by the Energy Act 2016 (c. 20), Schedule 1, paragraphs 41 and 42; and by S.I. 2017/524. Section 18 was amended by the Energy Act 2016 (c. 20), Schedule 1, paragraphs 41 and 53; and by S.I. 2011/2453, and 2017/524; and by S.S.I. 2011/224.

[^f00069]: 1998 c. 46.

[^f00070]: 1995 c. 21. Section 15 has been amended by S.I. 2002/794 and 2015/664.

[^f00071]: 1984 c. 60. Section 15 was amended by Part 2 of Schedule 17 to, the Serious Organised Crime and Police Act 2005 (c. 15), sections 113 and 114; and by S.I. 2005/3496. Section 16 was amended by section 2 of the Criminal Justice Act 2003 (c. 44) and the Serious Organised Crime and Police Act 2005, sections 113 and 114 and by S.I. 2005/3496.

[^f00072]: S.I. 1989/1341 (N.I. 12).

[^f00073]: 1878 c. 73.

[^f00074]: 2000 c. 7. The definition of “electronic communication” in section 15(1) was amended by the Communications Act 2003 (c. 21), paragraph 158 of Schedule 17.

[^f00075]: 1978 c. 30.

[^f00076]: 1971 c. 80.

[^f00077]: S.I. 2007/1842, amended by S.I. 2009/7, 2010/491 and 2012/1928.

[^f00078]: S.I. 2009/7.

[^f00079]: S.I. 2010/491.

[^f00080]: S.I. 2012/1928.

[^f00081]: S.I. 2001/1754.

[^f00082]: S.I. 2007/1842, as amended by S.I. 2009/7, S.I. 2010/490, S.I. 2010/491, S.I. 2010/1513, S.I. 2011/2043, S.I. 2012/1809, S.I. 2012/1928, S.I. 2013/755, S.I. 2015/191, S.I. 2016/912, S.S.I. 2007/485 and SSI 2015/320.

[^f00083]: A copy of this Finnish Act can be obtained from the Wildlife Species Conservation Division, Defra, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6EB.

[^f00084]: 1990 c. 8. Schedule 4C was inserted by the Localism Act 2010 (c. 20), Schedule 11.

[^f00085]: 2009 c. 23.

[^f00086]: 2010 asp 5.

[^f00087]: S.I. 2007/3544, to which there are amendments not relevant to these Regulations.

[^f00088]: S.I. 2010/603.

[^f00089]: S.I. 2010/1228, to which there are amendments not relevant to these Regulations.

[^f00090]: S.I. 2010/1627, to which there are amendments not relevant to these Regulations.

[^f00091]: S.S.I. 2011/57 amended by S.S.I. 2012/25; there are other amendments not relevant to these Regulations.

[^f00092]: S.S.I. 2011/204, to which there are amendments not relevant to these Regulations.

[^f00093]: S.I. 2011/409, to which there are amendments not relevant to these Regulations.

[^f00094]: W.S.I. 2011/559, to which there are amendments not relevant to these Regulations.

[^f00095]: S.I. 2012/637, to which there are amendments not relevant to these Regulations.

[^f00096]: W.S.I 2013/2506, to which there are amendments not relevant to these Regulations.

[^f00097]: S.I. 2014/615, to which there are amendments not relevant to these Regulations.

[^f00098]: S.I. 2015/462.

[^f00099]: S.I. 2015/595, to which there are amendments not relevant to these Regulations.

[^f00100]: S.I. 2015/668, to which there are amendments not relevant to these Regulations.

[^f00101]: S.I. 2015/810, to which there are amendments not relevant to these Regulations.

[^f00102]: S.I. 2017/403.

[^f00103]: S.I. 2017/580.

[^f00104]: S.S.I. 2017/115.

NOTE. Common names are given in the first column of this Schedule by way of guidance only; in the event of any dispute or proceedings, the common name must not be taken into account.

NOTE. Common names are given in the first column of this Schedule by way of guidance only; in the event of any dispute or proceedings, the common name must not be taken into account.

NOTE. Common names are given in the first column of this Schedule by way of guidance only; in the event of any dispute or proceedings, the common name must not be taken into account.

PART 1 — PRIMARY LEGISLATION

Amendment of the Town and Country Planning Act 1990

Amendment of the Marine and Coastal Access Act 2009

Amendment of the Marine (Scotland) Act 2010

PART 2 — SUBORDINATE LEGISLATION

Amendment of the Legislative and Regulatory Reform (Regulatory Functions) Order 2007

Amendment of the Marine Management Organisation (Prescription of Powers to Fix Fees and Charges) Order 2010

Amendment of the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010

Amendment of the Marine Strategy Regulations 2010

Amendment of the Marine Licensing (Exempted Activities) (Scottish Offshore Region) Order 2011

Amendment of the Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011

Amendment of the Marine Licensing (Exempted Activities) Order 2011

Amendment of the Marine Licensing (Exempted Activities) (Wales) Order 2011

Amendment of the Neighbourhood Planning (General) Regulations 2012

Amendment of the Nitrate Pollution Prevention (Wales) Regulations 2013

Amendment of the Marine Licensing (Application Fees) Regulations 2014

Amendment of the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015

Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2015

Amendment of the Nitrate Pollution Prevention Regulations 2015

Amendment of the Environmental Damage (Prevention and Remediation) (England) Regulations 2015

Amendment of the Town and Country Planning (Brownfield Land Register) Regulations 2017

Amendment of the Electricity Works (Environmental Impact Assessment) England and Wales Regulations 2017

Amendment of the Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017

Editorial notes

[^c23067611]: S.I. 2008/301.

[^c23067621]: 1972 c. 68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), Part 3, section 27(1); and the European Union (Amendment) Act 2008 (c. 7), Part 1 of the Schedule.

[^c23067631]: In so far as these Regulations deal with matters that are within the devolved competence of Scottish Ministers, the power of the Secretary of State to make regulations in relation to those matters in or as regards Scotland is preserved by section 57(1) of the Scotland Act 1998 (c. 46).

[^c23067641]: Paragraph 1A was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

[^c23067651]: S.I. 1994/2716, to which relevant amendments have been made by the Environment Act 1995 (c. 25), paragraph 233 of Schedule 22, the Land Reform (Scotland) Act 2003 (asp 2), paragraphs 14 and 16 of Schedule 2; and by S.I. 1996/525, 1996/973, 1997/3055, 1999/1820, 2000/192, 2000/1973 and 2007/1843 and S.S.I. 2000/323 and 2004/475.

[^c23067661]: S.I. 2017/1012.

[^c23067671]: 1976 c. 86.

[^c23067681]: 2008 c. 32.

[^c23067691]: OJ No. L206, 22.7.92, p.7, as last amended by Council Directive 2013/17/EU (OJ No. L 158, 10.6.2013, p.193), and see OJ No. L 80, 21.3.2007, p.15, for the corrigendum amending the original title.

[^c23067701]: 1998 c. 17.

[^c23067711]: The definition of “carbon storage installation” in section 30(5) was amended by S.I. 2011/2453.

[^c23067721]: The Joint Committee was continued in existence by section 31 of the Natural Environment and Rural Communities Act 2006 (c. 16) and reconstituted in accordance with Schedule 4 to that Act.

[^c23067731]: S.R. (N.I.) 1995 No. 380.

[^c23067741]: 1998 c. 47.

[^c23067751]: 1964 c. 29. Section 1(7) was amended by the Oil and Gas (Enterprise) Act 1982 (c. 23) section 37 and Schedule 3, paragraph 1. Areas have been designated under section 1(7) by S.I. 1987/1265, 2000/3062 and 2001/3670.

[^c23067761]: 2004 c. 20. Section 84(4) was substituted by the Marine and Coastal Access Act 2009 (c. 23), Schedule 4, paragraph 4. An area has been designated under section 84(4) by S.I. 2004/2668.

[^c23067771]: 1998 c. 17. Section 32 was amended by the Energy Act 2016 (c. 20), Schedule 2, paragraphs 1 and 4.

[^c23067781]: S.I. 1999/360, amended by S.I. 2007/933, 2011/1043 and 2016/912.

[^c23067791]: S.I. 2001/1754, amended by S.I. 2007/77.

[^c23067801]: 1998 c. 46.

[^c23067811]: 1998 c. 46. See sections 126(1) and (2) of that Act.

[^c23067821]: 1990 c. 8. Section 262, which defines “statutory undertakers”, was amended by the Planning and Compensation Act 1991 (c. 34), Schedule 6, paragraph 22; the Utilities Act 2000 (c. 27), section 76; and the Transport Act 2000 (c. 38), Schedule 5, paragraph 6; and by S.I. 2001/1149 and 2013/755.

[^c23067831]: 1997 c. 8. Section 214, which defines “statutory undertakers”, was amended by the Utilities Act 2000 (c. 27), section 76; and the Transport Act 2000 (c. 38), Schedule 5, paragraph 10; and by S.I. 2001/1149.

[^c23067841]: 2011 c. 25.

[^c23067851]: 2006 c. 32. See section 158(1).

[^c23067861]: See section 158(1). The definition of “the Welsh zone” was inserted by the Marine and Coastal Access Act 2009 (c. 23), section 43(1) and (2).

[^c23067871]: OJ No. L 20, 26.1.10, p.7, last amended by Council Directive 2013/17/EU (OJ No. L158, 10.6.2013, p.193).

[^c23067881]: 2006 c. 32. Section 108A is substituted for section 108 by the Wales Act 2017 (c. 4), section 3(1), as from a date to be appointed.

[^c23067891]: 1934 c. 49.

[^c23067901]: 1949 c. 74. Section 34 was amended by section 36(1) and (2) of the Merchant Shipping Act 1998 (c. 12), and repealed, subject to transitional provisions by the Marine and Coastal Access Act (c. 23), Part 1, paragraph 1 of Schedule 8; section 34 was repealed in relation to Scotland by the Marine (Scotland) Act 2010 (2010 asp 5), Part 1, paragraph 1 of Schedule 4. For transitional provisions in relation to England and Wales, see the 2009 Act, Part 2, paragraph 2, and Part 4, paragraph 9, of Schedule 9.

[^c23067911]: 1967 c. 84.

[^c23067921]: 1971 c. 60.

[^c23067931]: 1976 c. 86.

[^c23067941]: 1981 c. 29.

[^c23067951]: 1985 c. 48.

[^c23067961]: 1995 c. 21. Section 128 was amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28), sections 12 and 29, and paragraph 3(2) of Schedule 6, and paragraph 3(3) of Schedule 7; and the Merchant Shipping (Pollution) Act 2006 (c. 8), section 2.

[^c23067971]: 1999 c. 24.

[^c23067991]: S.I. 1998/1056, amended by S.I. 2015/386 and 2016/992.

[^c23068001]: S.I. 2002/1861, amended by S.I. 2010/1513 and 2015/664.

[^c23068011]: 2008 c. 29.

[^c23068021]: Section 123(3)(a) applies in relation to the “UK marine area”, defined in section 42 of the Marine Act in terms which include the area comprised in the offshore marine area.

[^c23068031]: 2009 c. 23.

[^c23068051]: S.R. (N.I.) 1995 No. 380.

[^c23068061]: 1998 c. 47.

[^c23068071]: S.I. 2007/1842, amended by S.I. 2009/7, 2010/491 and 2012/1928, and revoked by these Regulations.

[^c23068081]: 1989 c. 29.

[^c23068091]: Section 36 was amended by the Energy Act 2004 (c. 20), section 93(1) and (3); the Planning Act 2008 (c. 29), paragraphs 31 and 32 of Schedule 2; the Marine and Coastal Access Act 2009 (c. 23), section 12(7)(a) and (8); the Energy Act 2016, section 78; the Wales Act 2017 (c. 4) section 39; and, in relation to Scotland, by S.I. 2006/1054, paragraph 1(1) and (2) of Schedule 1.

[^c23068101]: Section 37 was amended by the Planning Act 2008 (c. 29), paragraphs 31 and 33 of Schedule 2; and the Wales Act 2017 (c. 4), section 42.

[^c23068111]: OJ No. L 354, 28.12.2013, p.22, as amended by Council Regulation (EU) No 1385/2013 (OJ No. L 354, 28.12.2013, p.86) and Regulation (EU) 2015/812 (OJ No. L 133, 29.5.2015, p.1).

[^c23068121]: OJ No. L 354, 28.12.2013, p. 22, as amended by Council Regulation (EU) No 1385/2013 (OJ No. L 354, 28.12.2013, p. 86) and Regulation (EU) 2015/812 (OJ No. L 133, 29.5.2015, p. 1).

[^c23068131]: O.J. No. L358, 31.12.02, p. 59.

[^c23068141]: 1981 c. 69.

[^c23068151]: S.I. 1985/171 (N.I. 2).

[^c23068161]: S.I. 2007/1842, amended by S.I. 2009/7, 2010/491 and 2012/1928, and revoked by these Regulations.

[^c23068171]: S.I. 2007/1842, amended by S.I. 2009/7, 2010/491 and 2012/1928, and revoked by these Regulations.

[^c23068181]: OJ No. L 354, 28.12.2013, p. 22, as amended by Council Regulation (EU) 1385/2013 (OJ No. L 354, 28.12.2013, p. 86) and Regulation (EU) 2015/812 (OJ No. L 133, 29.5.2015, p. 1).

[^c23068191]: 1964 c. 29. Section 1(7) was amended by the Oil and Gas (Enterprise) Act 1982 (c. 23) paragraph 1 of Schedule 3. Areas have been designated under section 1(7) by S.I. 1987/1265, 2000/3062 (revoked by S.I. 2013/3162), 2001/3670 (revoked by S.I. 2013/3162), and 2013/3162.

[^c23068201]: 1998 c. 17. Section 3 was amended by the Scotland Act 2016, section 48; and by S.I. 2016/898.

[^c23068211]: 1934 c. 36. The whole of the Petroleum (Production) Act 1934 was repealed by Part 1 of Schedule 5 to the Petroleum Act 1998 (c. 17) subject to savings in respect of licences in force immediately before the coming into force of that Act (paragraph 4 of Schedule 3).

[^c23068221]: Section 44, which defines “offshore installation”, was amended by the Energy Act 2008 (c. 32), Schedule 1, paragraph 11.

[^c23068231]: 2008 c. 32. Section 4 was amended by the Energy Act 2016 (c. 20), Schedule 1, paragraphs 41 and 42; and by S.I. 2017/524. Section 18 was amended by the Energy Act 2016 (c. 20), Schedule 1, paragraphs 41 and 53; and by S.I. 2011/2453 and 2017/524; and by S.S.I. 2011/224.

[^c23068241]: 1998 c. 46.

[^c23068251]: 1998 c. 17. Section 3 was amended by the Scotland Act 2016, section 48; and by S.I. 2016/898.

[^c23068261]: 1934 c. 36. The whole of the Petroleum (Production) Act 1934 was repealed by Part 1 of Schedule 5 to the Petroleum Act 1998 (c. 17) subject to savings in respect of licences in force immediately before the coming into force of that Act (paragraph 4 of Schedule 3).

[^c23068271]: Section 44, which defines “offshore installation”, was amended by the Energy Act 2008 (c. 32), Schedule 1, paragraph 11

[^c23068281]: 2008 c. 32. Section 4 was amended by the Energy Act 2016 (c. 20), Schedule 1, paragraphs 41 and 42; and by S.I. 2017/524. Section 18 was amended by the Energy Act 2016 (c. 20), Schedule 1, paragraphs 41 and 53; and by S.I. 2011/2453, and 2017/524; and by S.S.I. 2011/224.

[^c23068291]: 1998 c. 46.

[^c23068301]: 1995 c. 21. Section 15 has been amended by S.I. 2002/794 and 2015/664.

[^c23068311]: 1984 c. 60. Section 15 was amended by Part 2 of Schedule 17 to, the Serious Organised Crime and Police Act 2005 (c. 15), sections 113 and 114; and by S.I. 2005/3496. Section 16 was amended by section 2 of the Criminal Justice Act 2003 (c. 44) and the Serious Organised Crime and Police Act 2005, sections 113 and 114 and by S.I. 2005/3496.

[^c23068321]: S.I. 1989/1341 (N.I. 12).

[^c23068331]: 1878 c. 73.

[^c23068341]: 2000 c. 7. The definition of “electronic communication” in section 15(1) was amended by the Communications Act 2003 (c. 21), paragraph 158 of Schedule 17.

[^c23068351]: 1978 c. 30.

[^c23068361]: 1971 c. 80.

[^c23068371]: S.I. 2007/1842, amended by S.I. 2009/7, 2010/491 and 2012/1928.

[^c23068381]: S.I. 2009/7.

[^c23068391]: S.I. 2010/491.

[^c23068401]: S.I. 2012/1928.

[^c23068411]: S.I. 2001/1754.

[^c23068421]: S.I. 2007/1842, as amended by S.I. 2009/7, S.I. 2010/490, S.I. 2010/491, S.I. 2010/1513, S.I. 2011/2043, S.I. 2012/1809, S.I. 2012/1928, S.I. 2013/755, S.I. 2015/191, S.I. 2016/912, S.S.I. 2007/485 and SSI 2015/320.

[^c23068431]: A copy of this Finnish Act can be obtained from the Wildlife Species Conservation Division, Defra, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6EB.

[^c23068441]: 1990 c. 8. Schedule 4C was inserted by the Localism Act 2010 (c. 20), Schedule 11.

[^c23068451]: 2009 c. 23.

[^c23068461]: 2010 asp 5.

[^c23068471]: S.I. 2007/3544, to which there are amendments not relevant to these Regulations.

[^c23068481]: S.I. 2010/603.

[^c23068501]: S.I. 2010/1627, to which there are amendments not relevant to these Regulations.

[^c23068511]: S.S.I. 2011/57 amended by S.S.I. 2012/25; there are other amendments not relevant to these Regulations.

[^c23068521]: S.S.I. 2011/204, to which there are amendments not relevant to these Regulations.

[^c23068531]: S.I. 2011/409, to which there are amendments not relevant to these Regulations.

[^c23068541]: W.S.I. 2011/559, to which there are amendments not relevant to these Regulations.

[^c23068551]: S.I. 2012/637, to which there are amendments not relevant to these Regulations.

[^c23068561]: W.S.I 2013/2506, to which there are amendments not relevant to these Regulations.

[^c23068571]: S.I. 2014/615, to which there are amendments not relevant to these Regulations.

[^c23068581]: S.I. 2015/462.

[^c23068591]: S.I. 2015/595, to which there are amendments not relevant to these Regulations.

[^c23068601]: S.I. 2015/668, to which there are amendments not relevant to these Regulations.

[^c23068611]: S.I. 2015/810, to which there are amendments not relevant to these Regulations.

[^c23068621]: S.I. 2017/403.

[^c23068631]: S.I. 2017/580.

[^c23068641]: S.S.I. 2017/115.

[^key-752502688bc35f77da61ecb6f1780ba7]: Words in reg. 6(2)(j) substituted (1.3.2019) by The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019 (S.I. 2019/42), reg. 1(1), Sch. para. 6 (with regs. 2, 5)

[^key-e1d4f508b172e3bac2d949ece0765125]: Sch. 4 para. 6 revoked (26.2.2020) by The Merchant Shipping (Ship-to-Ship Transfers) Regulations 2020 (S.I. 2020/94), reg. 1, Sch. 4

[^key-d3a999ca5452402616e15a5b28482ad3]: Reg. 6A inserted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 34; 2020 c. 1, Sch. 5 para. 1(1)

[^key-5beda0cd2bbeb78e4133abb7ab7ac049]: Reg. 7A inserted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 36; 2020 c. 1, Sch. 5 para. 1(1)

[^key-eaba7516ba4bf35e0e9bc2b993402cc7]: Regs. 9-11 omitted (31.12.2020) by virtue of The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 38; 2020 c. 1, Sch. 5 para. 1(1)

[^key-7b02324c88bf9e9913b07ab51f68e2de]: Reg. 18A inserted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 43; 2020 c. 1, Sch. 5 para. 1(1)

[^key-b7f7da49b42838be1f751b5653daa72f]: Reg. 55A inserted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 65; 2020 c. 1, Sch. 5 para. 1(1)

[^key-2440f60c5c8428a897a94d8dff8d0461]: Regs. 84A, 84B inserted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 69; 2020 c. 1, Sch. 5 para. 1(1)

[^key-edf660f534d2f202b8b8c4657cc1a3bb]: Reg. 86A inserted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 70; 2020 c. 1, Sch. 5 para. 1(1)

[^key-17fbba0261530b393b8167932c7d0adb]: Sch. 2A inserted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), reg. 1, Sch. 2; 2020 c. 1, Sch. 5 para. 1(1)

[^key-81e76171af72a405d5a9e42789d21ef2]: Sch. 3A inserted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), reg. 1, Sch. 3; 2020 c. 1, Sch. 5 para. 1(1)

[^key-10aac795dbed32d6bb4169deeb2670f3]: Words in reg. 2(1) inserted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 33(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-16982b54319623584f125321f92af260]: Words in reg. 2(1) inserted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 33(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-665801580d507f1746ab0f6dd5e93560]: Words in reg. 2(1) inserted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 33(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-83ce6054ec6e0d43eb818898c09f3665]: Words in reg. 2(1) inserted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 33(2)(d); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a5ce194eb95b001ece4ca2bff433dd32]: Words in reg. 2(1) inserted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 33(2)(e); 2020 c. 1, Sch. 5 para. 1(1)

[^key-aaf7c7ac9359928640d3502cb448689f]: Words in reg. 2(1) substituted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 33(2)(f)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-846f19493ec030636b10fc72baa6aca0]: Words in reg. 2(1) substituted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 33(2)(f)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-32631a7d4d08b72fe159c476c159a4b6]: Words in reg. 2(1) inserted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 33(2)(g); 2020 c. 1, Sch. 5 para. 1(1)

[^key-1b151c9af75cd8444b808a4811ae4ee0]: Reg. 2(3)-(6) inserted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 33(3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ab5f6388613953dff679d6ecd6c154c5]: Words in reg. 2 inserted (31.12.2020 immediately before 11 p.m.) by The Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 (S.I. 2020/1497), reg. 1(1), Sch. 7 para. 6(2) (with reg. 1(2)-(6), 20)

[^key-489af61b2e73bcc336a7c3da663f94a6]: Reg. 7 substituted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 35; 2020 c. 1, Sch. 5 para. 1(1)