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Conservation (Natural Habitats, &C.) (EU Exit) (Scotland) (Amendment) Regulations 2019

Synopsis

This regulation will create a UK network of sites previously designated under the Habitats Directive 92/43/EEC and Wild Birds Directive 2009/147/EC.

The European Commission’s role regarding the designation of protected sites will be transferred to the Scottish Ministers. The Scottish ministers will assume the European Commissions administrative and enforcement powers under retained EU law.

 
 
 

Summary

The Conservation (Natural Habitats, &C.) (EU Exit) (Scotland) (Amendment) Regulations 2019 amends the Conservation (Natural Habitats, &c.) Regulations 1994, Conservation of Salmon (Scotland) Regulations 2016 and the Tweed Regulation (Salmon Conservation) (No. 2) Order 2016 on the date the UK leaves the EU (Exit Day).

What will be updated?

European Protected Habitats Regime

The Conservation (Natural Habitats, &c.) Regulations 1994 are amended to ensure they function correctly in a UK only context. The European Commission’s role regarding the designation of conservation is removed. Scottish ministers will assume reporting requirements and administrative powers under retained regulations.

Amendments made enable the creation of a UK network of sites previously designated under the Habitats Directive 92/43/EEC and Wild Birds Directive 2009/147/EC. Management objectives for these sites are defined in a new Regulation 9D and will be carried over from the prior regime. The Scottish Ministers will be required to adapt the UK site network if necessary to ensure the management objectives are met.

Protected site terminology such as European Site, European Marine Site, Special Area of Conservation (SAC) and Special Protection Area will be maintained post-Brexit.

The 2019 regulations also update definitions and references to reflect that the UK will no longer be an EU Member State on and after Exit Day.

Prohibited Methods of Capturing or Killing Wild Animals

A new Schedule (Schedule 3A) lists prohibited methods of capturing or killing wild animals in Scotland.

Conservation of Salmon

References EU legislation concerning the designation of SACs under the Habitats Directive 92/43/EEC are removed from the Conservation of Salmon (Scotland) Regulations 2016 and the Tweed Regulation (Salmon Conservation) (No. 2) Order 2016. This reflects that the Scottish Ministers will be responsible for the designation of SACs after Brexit.

Background

The Conservation (Natural Habitats, &c.) Regulations 1994 transposed European protected species and protected site requirements under the Habitats Directive 92/43/EEC and Wild Birds Directive 2009/147/EC into domestic law in Northern Ireland.

 

 

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