This means that certain activities may be restricted or prohibited at specific times of the year (and will depend on the species of wild bird that may be present and/or in the geographical area). Part 3 of the Conservation of Offshore Marine Habitats & Species Regulations 2017, and in particular regulation 40, gives protection to wild birds, their eggs and nests in UK offshore waters. The most important provisions of the regulations in relation to environmental submissions to the Department are contained in Part 5, which provides powers to issue licences for specific activities that could result in the injury or disturbance of European Protected Species (EPS injury or disturbance licences) and the potential to issue wild birds licences (providing certain licensing tests are met). The Regulations also include provisions relating to a number of offences that aim to prevent environmentally damaging activities. The Regulations also include provisions requiring competent authorities to take steps to preserve and re-establish a sufficient diversity and area of habitat for wild birds and also impose a duty upon them to use all reasonable endeavours to avoid pollution or deterioration of wild bird habitat. The Regulations also implement assessment obligations for marine industry activities other than offshore oil and gas introduce a licensing system for any marine activities that could kill or injure protected species, or could deliberately disturb protected species in such a way as to be likely to impair their ability to survive, breed, or rear or nurture their young, or in the case of animals of a hibernating or migratory species, to hibernate or migrate or could significantly affect the local distribution or abundance of that species. Once designated, these sites are called Special Areas of Conservation ( SACs), for the protection of certain habitats and marine species and Special Protection Areas ( SPAs), for the protection of certain wild bird species. The Regulations include provisions for the designation and protection of areas that host important habitats and species in the offshore marine area. The Conservation of Offshore Marine Habitats and Species Regulations 2017 consolidate the provisions contained in the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 and subsequent amending instruments, and make minor modifications reflecting changes to related legislation. the area greater than 12 nautical miles from the landward baseline of the territorial sea, and are commonly referred to as the Defra Offshore Habitats Regulations. The Regulations apply to the “offshore area” outside UK territorial waters, i.e. Whilst the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (as amended) set down the obligations for the assessment of the impact of offshore oil and gas activities (including gas and carbon dioxide unloading and storage activities) on habitats and species protected under Council Directive 2009/147/EC (the codified version of the Birds Directive) and Council Directive 92/43/EEC (the Habitats Directive), the Conservation of Offshore Marine Habitats and Species Regulations 2017 are the governing legislation for implementation of a number of the other requirements contained in the Directives. Ozone-Depleting Substances Regulations 2015Ĭonservation of Offshore Marine Habitats and Species Regulations 2017.Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015.Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (as amended).Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (as amended).Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020.Offshore Installations (Emergency Pollution Control) Regulations 2002.Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 (as amended).Offshore Chemicals Regulations 2002 (as amended).Merchant Shipping (Oil Pollution Preparedness, Response Co-operation Convention) Regulations 1998.Greenhouse Gases Emissions Trading Scheme (ETS).Food and Environment Protection Act 1985, Part II Deposits in the Sea.Fluorinated Greenhouse Gases Regulations 2015.Environmental Assessment of Plans and Programmes Regulations 2004.Energy Act 2008, Part 4A Consent to Locate.Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010.Control of Mercury (Enforcement) Regulations 2017.Conservation of Offshore Marine Habitats and Species Regulations 2017.