LEGAL EAGLES
FEATURE SPONSOR
TOWARDS A COMMON STANDARD FOR MARINE PROTECTED AREA CONSERVATION
Those developing renewables resources offshore, together with many other offshore developers, face a plethora of different marine conservation designations which they must work around. The appropriate consents must be obtained before any works can proceed, whether those works are preliminary surveys or actual installation and commissioning of generating equipment. It is not only the turbines themselves that fall foul of marine protected areas but also the additional infrastructure including cabling to shore.
There are a number of designations all with slightly different purposes and emphasis. The three main designations which will frequently be encountered are Special Areas of Conservation (SACs), Special Protection Areas (SPAs) and Marine Conservation Zones (MCZs).
SPECIAL AREAS OF CONSERVATION (SACS) Special Areas of Conservation are protected sites designated under the EC Habitats Directive. Article 3 of the Habitats Directive requires the establishment of a European network of high quality conservation sites that make a significant contribution to conserving the various habitat types and species identified in Annexes 1 and 2 of the Directive. There are in fact 189 habitat types and 788 species identified in these two annexes. The species identified do not include birds, as these are covered under the Provisions for Special Protection Areas as set out below:
SPECIAL PROTECTION AREAS Special Protection Areas are protected sites classified in accordance with Article 4 of the EC Birds Directive. Unlike the Habitats Directive the Birds Directive does not provide any formal criteria for selecting SPAs. So in the UK it falls to the Joint Nature Conservation Caommittee (JNCC) to select the criteria on behalf of the UK’s statutory conservation agencies. It is also worth noting that a number of SPAs are also classified as RAMSAR sites, which are wetlands of international importance designated under the RAMSAR convention 1971 which provides for the conversation and good use of wetlands.
MARINE CONSERVATION ZONES Marine Conservation Zones were created under the Marine & Coastal Access Act 2009 and are designed to protect a range of nationally important marine wildlife, habitats, geology and geomorphologic features. They can be designated anywhere within English and Welsh inshore and UK offshore waters. The first marine conservation zones have now been identified by the Marine Conservation Zone Project and are awaiting Government approval following a recent consultation.
A COMMON STANDARD As can be seen from the above designations, all of the three MPAs mentioned have slightly different emphasis, whether that be habitats, the protection of fauna, flora, or the protection of birds, or indeed the protection of geology and geomorphology.
It can prove difficult for developers and their advisors in knowing exactly how Government intends to regulate and license operations within such areas. It is also correct to say that there still seems to be a good deal of uncertainty within organisations such as the Marine Management Organisation (MMO) as they are still undertaking a learning exercise with, in particular, the MCZs. As a result, in August this year Natural England produced a draft operational standard for conservation advice for marine protected areas. The consultation with regard to this draft standard ended in late October.
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