procedures for the protection of SACs and SPAs (Article 6). SACs are identified based on the presence of natural habitat types listed in Annex I and populations of the species listed in Annex II. The Directive requires national Governments to establish SACs and to have in place mechanisms to protect and manage them.
3.2.3 The Conservation of Habitats and Species Regulations 2010 19.
The Conservation of Habitats and Species Regulations 2010, (hereafter called the ‘Habitats Regulations’) transposes the Birds Directive and the Habitats Directive into national law in the onshore environment, operating in conjunction with the Wildlife and Countryside Act 1981. The Habitats Regulations place an obligation on ‘competent authorities’ to carry out an appropriate assessment of any proposal likely to affect a SAC or SPA, to seek advice from Natural England and not to approve an application that would have an adverse effect on a SAC or SPA except under very tightly constrained conditions that involve decisions by the Secretary of State. The competent authority in the case of the proposed project is the Secretary of State for Energy and Climate Change.
3.2.4 The Offshore Marine Conservation (Natural Habitats &c.) Regulations 2007 20.
The Offshore Marine Conservation (Natural Habitats &c.) Regulations 2007 (as amended), (referred to here as the ‘Offshore Regulations’) transposes the Birds Directive and the Habitats Directive into national law in the offshore environment. The Offshore Regulations place an obligation on ‘competent authorities’ to carry out an appropriate assessment of any proposal likely to affect a SAC or SPA, to seek advice from Natural England and / or JNCC and not to approve an application that would have an adverse effect on a SAC or SPA except under very tightly constrained conditions that involve decisions by the Secretary of State. The competent authority in the case of the proposed project is the Secretary of State for Energy and Climate Change.
3.2.5 Application of the HRA Process to Designated Sites 21.
In addition to fully designated SACs and fully classified SPAs, the HRA process also has to be applied as a matter of law or policy to the following sites:
Sites of Community Importance (SCI): HRA process applied as a result of Article 4(5) and Article 6(2)(4) of the Habitats Directive.
Potential SPAs (pSPAs): HRA process applied as a result of UK Government policy - paragraph 118 of the National Planning Policy Framework (DCLG 2012).
Possible SACs (pSACs): HRA process applied as a result of UK Government policy - paragraph 118 of the National Planning Policy Framework (DCLG 2012).
HRA High Level Screening May 2014
East Anglia THREE Offshore Windfarm Page 7
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