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Environmental Statement - Maersk Oil

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Balloch Field Development <strong>Environmental</strong> <strong>Statement</strong><br />

Appendix A – Review of Legislation<br />

European Council Directive 92/43/EEC<br />

(EC Habitats Directive) (and 97/62/EC<br />

and 2006/105/EC amendments)<br />

Wildlife and Countryside Act 1981 (as<br />

amended 1991)<br />

Countryside and Rights of Way Act<br />

(CRoW) Act 2000<br />

Nature Conservation (Scotland) Act<br />

2004<br />

The Conservation (Natural Habitats<br />

&c.) Regulations 1994 (as amended<br />

2012) (The Conservation of Species and<br />

Habitats Regulations 2010 (as amended<br />

2012) consolidate all amendments<br />

made to the 1994 regulations)<br />

The Offshore Marine Conservation<br />

(Natural Habitats, &c) Regulations 2007<br />

(Conservation of Habitats) Regulations 2001 (as amended), the Conservation of Habitats and Species Regulations 2010,<br />

the Conservation (Natural Habitats, & c.) Regulations 1994 and the Offshore Marine Conservation (Natural Habitats, &c.)<br />

regulations 2007 (as amended).<br />

The main aim of the Habitats Directive is to promote the maintenance of biodiversity by requiring Member States to take<br />

measures to maintain or restore natural habitats and wild species at a favourable conservation status, introducing robust<br />

protection for those habitats and species of European importance through the designation of Special Areas of<br />

Conservation (SACs). In applying these measures Member States are required to take account of economic, social and<br />

cultural requirements and regional and local characteristics.<br />

The Habitats Directive is implemented nationally for the offshore marine environment by The Offshore Petroleum<br />

Activities (Conservation of Habitats) Regulations 2001 (as amended), the Conservation of Habitats and Species<br />

Regulations 2010, the Conservation (Natural Habitats, & c.) Regulations 1994 and the Offshore Marine Conservation<br />

(Natural Habitats, &c.) regulations 2007 (as amended).<br />

The Wildlife and Countryside Act consolidates and amends existing national legislation to implement the Birds Directive<br />

into UK law. The Act provides for the establishment of Sites of Special Scientific Interest (SSSIs).<br />

The CRoW Act applies to England and Wales only. The Act provides for public access on foot to certain types of land,<br />

amends the law relating to public rights of way, increases measures for the management and protection for Sites of<br />

Special Scientific Interest (SSSI), strengthens wildlife enforcement legislation, and provides for better management of<br />

Areas of Outstanding Natural Beauty (AONB).<br />

The Nature Conservation (Scotland) Act 2004 places duties on public bodies in relation to the conservation of<br />

biodiversity, increases protection for SSSI, amends legislation on Nature Conservation Orders, provides for Land<br />

Management Orders for SSSIs and associated land, strengthens wildlife enforcement legislation, and requires the<br />

preparation of a Scottish Fossil Code.<br />

The Conservation (Natural Habitats, &c.) Regulations 1994 (and all amendments) transpose the Habitats and Birds<br />

Directive into UK Law. These Regulations provide for the designation and protection of 'European Sites'. The protection<br />

of 'European Protected Species' (EPS)and the adoption of planning and other controls for the protection of European<br />

Sites only as far as the limit of territorial waters (12nm from the coastline).<br />

The Conservation of Habitats and Species Regulations 2010 (as amended 2012) consolidate all amendments made to the<br />

1994 regulations in England and Wales. Whereas, in Scotland, the Habitats and Birds Directives are transposed through a<br />

combination of the 2010 and 1994 regulations. The Conservation of Habitats and Species Regulations 2010 also<br />

implement aspects of the Marine and Coastal Access Act (2009).<br />

These Regulations are the principal means by which the Birds and Habitats Directives are transposed in the UK offshore<br />

marine area (i.e. outside the 12 nm territorial limit) and in English and Welsh territorial waters.<br />

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