Environmental statement - Flyndre and Cawdor - Maersk Oil

Flyndre and Cawdor Environmental Statement
Appendix A - Register of Environmental Legislation
Wildlife Protection
Issue Legislation Regulator and Requirements
Birds and other
wildlife
Protected sites and
species
SACs and SPAs
EC Directive 2004/35 on Environmental
Liability (as amended by EC Directive 2009/31)
European Council Directive 79/409 (The Birds
Directive) (as amended by EC Directive
2009/147)
European Council Directive 92/43/EEC (EC
Habitats Directive) (and 97/62/EC and
2006/105/EC amendments)
Wildlife and Countryside Act 1981 (as
amended 1991)
Countryside and Rights of Way Act (CRoW)
Act 2000
Nature Conservation (Scotland) Act 2004
The Conservation (Natural Habitats &c.)
Regulations 1994 (The Conservation of
Species and Habitats Regulations 2010
consolidate all amendments made to the
1994 regulations)
The Directive establishes a framework for environmental liability based on the "polluter pays" principle, with a view to preventing and
remedying environmental damage.
Under the terms of the Directive, environmental damage is defined as:
direct or indirect damage to the aquatic environment covered by Community water management legislation
direct or indirect damage to species and natural habitats protected at Community level by the Birds or Habitats Directives
direct or indirect contamination of the land which creates a significant risk to human health.
The Birds Directive aims to protect ranges of species, as well as population and breeding, of certain populations of birds.
Under the Birds Directive, Member States are to take measures to conserve certain areas, including the establishment of Special
Protection Areas (SPAs) both on land and within UK territorial waters
The main aim of the Habitats Directive is to promote the maintenance of biodiversity by requiring Member States to take measures to
maintain or restore natural habitats and wild species listed on the Annexes to the Directive at a favourable conservation status,
introducing robust protection for those habitats and species of European importance.
The regulations provide for the designation and protection of Special Areas of Conservation (SACs)
The Wildlife and Countryside Act consolidates and amends existing national legislation to implement the Birds Directive into UK law.
The Act provides for the establishment of Sites of Special Scientific Interest (SSSIs).
The CRoW Act applies to England and Wales only. The Act provides for public access on foot to certain types of land, amends the law
relating to public rights of way, increases measures for the management and protection for Sites of Special Scientific Interest (SSSI),
strengthens wildlife enforcement legislation, and provides for better management of Areas of Outstanding Natural Beauty (AONB).
The Nature Conservation (Scotland) Act 2004 places duties on public bodies in relation to the conservation of biodiversity, increases
protection for SSSI, amends legislation on Nature Conservation Orders, provides for Land Management Orders for SSSIs and associated
land, strengthens wildlife enforcement legislation, and requires the preparation of a Scottish Fossil Code.
The Conservation (Natural Habitats &c.) Regulations 1994 (as amended) transpose the Habitats and Birds Directives into UK law. They
apply to land and to territorial waters out to 12 nautical miles from the coast and have been subsequently amended several times. The
Conservation of Habitats and Species Regulations 2010 consolidate all the various amendments made to the Conservation (Natural
Habitats, &c.) Regulations 1994 in respect of England and Wales. In Scotland the Habitats and Birds Directives are transposed through a
combination of the Habitats Regulations 2010 (in relation to reserved matters) and the 1994 Regulations.
The Conservation (Natural Habitats &c.) Amendment (Scotland) Regulations 2011 make amendments to the 1994 regulations (in
Scotland only). The amendments place a legislative requirement on Scottish Ministers to classify SPAs in terrestrial and inshore
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