Habitat and Species Directive (Hansard, 4 July 1994)

§ >Mr. Gummer

I am pleased to say that the Secretaries of State for Scotland and for Wales and I have today laid in draft, for approval under the affirmative procedure, the Conservation (Natural Habitats etc.) Regulations under section 2(2) of the European Communities Act 1972, to effect transposition of the directive in Great Britain. The regulations mark an important step forward in nature conservation and consolidate our policies and practices in respect of sites and species of international importance.

On 4 October last year, the Government consulted on the proposed implementation in Great Britain of the Council directive on the conservation of natural habitats and of wild flora and fauna, the EC habitats directive. I am grateful to all those bodies and individuals who responded to the consultation, of which there were 144 in England and Wales and 94 in Scotland. The responses have been placed in the usual Libraries. Departments are writing to each of the respondents explaining the Government's consideration of the points raised and our detailed conclusions. A copy of this letter will be placed in the House Libraries.

The Government firmly support the directive's objective to contribute to the conservation of natural habitats and of wild fauna and flora throughout the European Union. The Government's proposals for implementation reflect that important aim. The legal measures necessary for transposition of the directive into national law contained in the draft regulations are complemented by broader initiatives in the countryside as a whole to respond to the wider objectives of the directive. We shall deliver the latter in the medium and long term through the strategy set out in the biodiversity action plan published in January this year.

The draft regulations comprise a thorough implementation package. They build largely on the existing extensive legislative basis which provides a strong framework for nature conservation in this country. They introduce some new provisions and apply existing legislation amended as required by the directive's obligations. The EC birds directive is amended by the habitats directive in respect of special protection areas, and the draft regulations also give effect to this. United Kingdom special protection areas and 25W special areas of conservation will together contribute to the European Union network of designated areas known as Natura 2000.

In summary, the draft regulations cover: new provisions for site selection and designation; new duties on Ministers and nature conservation agencies to use their powers in accordance with the requirements of the Directive; application of the present SSSI and NNR legislation amended to ensure that the procedures can be operated in accordance with the Directive; a new basis for the conservation of marine sites in which relevant Ministers and local bodies will be under a duty to exercise their existing powers in accordance with the Directive often within the framework of an agreed inter-agency scheme of management; a number of technical amendments to the existing species protection legislation; application of the Directive's requirements for approval and review of schemes which could significantly adversely affect the conservation value of the sites in respect of the Town and Country Planning, Highways, Transport and Works, Electricity and Pipe-lines Acts as well as pollution control, waste management and water discharge consents in the Environmental Protection and Water Resources Acts.

Further regulations will be laid before Parliament in due course to ensure that other activities for which statutory consents and permissions are required and which could have a significantly adverse effect on the nature conservation interests of a protected site are brought within the provisions of the directive.

The Government are committed to consultation on the sites to be proposed under the directive. The regulations make formal provision for designation but the processes leading to that point will be non-statutory. English Nature, the Countryside Council for Wales and Scottish Natural Heritage, co-ordinated through the Joint Nature Conservancy Council are working on their advice to Government about the United Kingdom contribution to the Natura 2000 network in the light of the directive's scientific criteria. When the Government have considered the agencies' advice, we shall decide to publish our proposals and the consultation process will begin. Individual owners and occupiers of sites will be fully involved.