Habitats Directive (Hansard, 4 July 1994)

§ Sir Hector Monro

My right hon. Friends the Secretaries of State for Scotland, for Wales and for the Environment have today laid before Parliament a set of draft regulations which would, subject to approval by both Houses, give legislative effect to the directive in Great Britain.

The measures set out in the draft regulations build on our existing nature conservation legislation and provide increased protection on land and at sea for the most internationally important sites for nature conservation in Great Britain. They form part of the Government's wider action to promote nature conservation and biological diversity, as set out in "Biodiversity: The United Kingdom Action Plan", launched by the Prime Minister in January this year.

The draft regulations also reflect the comments made when the Government consulted a wide range of conservation, farming, fisheries, economic, recreational and other interests in the autumn of 1993 about implementation of the habitats directive. The 94 responses received in Scotland emphasised to the Government both the widespread support for the nature conservation objectives of the directive and the need to implement the directive in partnership with those who earn their living from our countryside and our sea.

The draft regulations apply to special protection areas designated under the EC wild birds directive and to special areas of conservation to be identified by the Government in accordance with the habitats directive. Together, these sites will contribute to a European network of sites of high biodiversity significance to be known as Natura 2000.

In brief, the regulations contain the following provisions: duties are placed on Ministers and the statutory nature conservation agencies—for Scotland, Scottish Natural Heritage—to fulfil the requirements of the habitats directive; duties are placed on other statutory authorities to address the requirements of the habitats directive in the exercise of their functions; new provisions build on those in the Wildlife and Countryside Act 1981 to give additional protection to Natura 2000 sites. Existing restrictions on potentially damaging operations may be toughened where necessary, and farmers and landowners will be compensated for any losses which they sustain because of this. Special nature conservation orders will give indefinite protection to the conservation interests of Natura 2000 sites from proposals to carry out damaging operations. In the last resort, Scottish Natural Heritage would be obliged to use its compulsory purchase powers to protect Natura 2000 sites from deterioration or where no satisfactory management agreements could be concluded following the making of a special nature conservation order. This power should seldom, if ever, be used given that SNH will be seeking to address the inappropriate management of land by the negotiation of voluntary management agreements; some technical measures supplement the species protection provisions of the Wildlife and Countryside Act 1981; an innovative set of measures is proposed to secure the protection of Natura 2000 sites in the marine environment. Ministers and statutory authorities would be obliged to use their powers to protect the integrity of marine Natura 2000 sites. SNH would advise relevant authorities on the conservation objectives of marine Natura 2000 sites. Where desirable, the relevant authorities concerned would cooperate in drawing up a management scheme for the marine Natura 2000 site. Ministers would have reserve powers to ensure that management schemes were developed where necessary and to ensure these schemes effectively address the issues facing the site; provisions are made to ensure that planning authorities, and other authorities giving consent for developments or 10W operations potentially damaging to the integrity of Natura 2000 sites, cannot give consent to developments if they would damage the integrity of a Natura 2000 site. Authorities would be required to review, and where necessary modify or revoke, existing permissions whose implementation would be damaging to a Natura 2000 site, and compensatory provisions are established for developers who incur loss because of this. The Government will consider sympathetically requests from planning authorities for reimbursement of the costs of compensation necessarily incurred by them in revoking or modifying planning permissions under these regulations. Provisions governing simplified planning zones and enterprise zones are amended by the draft regulations so as not to give permission for developments damaging to the integrity of a Natura 2000 site. The General Permitted Development Order is being amended similarly following a separate consultation in the late summer of 1993.

Further minor measures will be introduced after the summer recess bringing the exercise by relevant authorities of powers under specific statutes into line with the requirements of the directive. The Government also expect in the autumn to consult owners, occupiers and other relevant interests on a draft list of proposed special areas of conservation. The Government believe this consultation to be important even though it is not required by the directive.

The Government intend, subject to the regulations coming into force, to issue a circular to the relevant authorities detailing the effect of the regulations.

The Government consider that the draft regulations set out before Parliament a balanced and effective range of measures to establish and protect Great Britain's valuable contribution to the Natura 2000 network.