Conservation and Biodiversity - Offshore Overview

Key Legislation

Protection of nature conservation and biodiversity interests in the UK is provided through a number of key pieces of legislation. These are implemented and supported through a range of different regulations and procedures.

International and Regional Conventions

• The Convention for the Protection of the Marine Environment of the North-East Atlantic (The OSPAR Convention)
• OSPAR Recommendation 2003/3 on a Network of Marine Protected Areas

The OSPAR Convention guides international cooperation on the protection of the marine environment of the North-East Atlantic.  It provides for stringent measures to be adopted with respect to the prevention and elimination of marine pollution and the protection of the marine environment. Under the Convention the Offshore Oil and Gas Industry Strategy sets the objective of preventing and eliminating pollution and taking the necessary measures to protect the maritime area against the adverse effects of offshore activities so as to safeguard human health and of conserving marine ecosystems and, when practicable, restoring marine areas which have been adversely affected.

• Bonn Convention on the Conservation of Migratory Species of Wild Animals

The Bonn Convention aims to conserve terrestrial, marine and avian migratory species throughout their range. It was concluded under the United Nations Environment Programme and is concerned with the conservation of wildlife and habitats on a global scale. Within the EU, the requirements of the Bonn convention are delivered through the EU Habitats Directive and its transposition into legilsation within each member state.

European Union

• Directive 2009/147/EC on the conservation of wild birds (the birds directive) (formerly 79/409/EEC);
• Directive 92/43/EEC on the conservation of natural habitats and wild fauna and flora (the habitats directive);
• Directive 2008/56/EC on establishing a framework  for community action in the field of marine environmental policy (the Marine Strategy Framework Directive (MSFD));

Primary UK Legislation

The following key legislation provides the mechanisms by which the UK can meet the requirements and commitments to marine conservation at European and International level.

• The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 (as amended) transpose the habitats directive and the birds directive into national law. These Regulations apply to the UKs offshore marine area (outside the 12nm territorial limit) and English/Welsh territorial waters.
• The Conservation of Habitats and Species Regulations (2010) replaces the Conservation (Natural Habitats & c.) Regulations 1994 (the 1994 regulations) and all subsequent amendments as the principal means by which the Habitats Directive is transposed in England and Wales.  These regulations apply in the terrestrial environment and the territorial waters out to 12nm limit.

Most recent amendments to the 2007 regulations are:

• Offshore Marine Conservation (Natural Habitats, & c.) (Amendments) Regulations 2009
• Offshore Marine Conservation (Natural habitats, & c.) (Amendments) Regulations 2010
• The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2011
• The Conservation of Habitats and Species (Amendment) Regulations 2011

These Regulations make it an offence to deliberately disturb wild animals of a European Protected Species in such a way as to significantly affect a) the ability of any significant group of animals to survive or breed or b) the local distribution or abundance of that species .

• The Offshore Petroleum Activities (Conservation of Habitats) (Amendment) Regulations 2007 amending the 2001 regulations of the same name applies the Habitats Directive and the Wild Birds Directive in relation to oil and gas plans and projects wholly or partially on the UK continental shelf (UKCS) and adjacent waters outside territorial waters
• The Offshore Petroleum Activities (Conservation Habitats) Regulations 2001
• The UK Marine and Coastal Access Act 2009: With particular relevance to biodiversity and nature conservation, this piece of legislation makes provision for the designation of Marine Conservation Zones (MCZs) in the territorial waters adjacent to England and Wales and UK offshore waters.

• The Marine (Scotland) Act 2010: This piece of legislation (amongst other powers) enables Scottish Ministers to designate a range of Marine Protected Areas (MPAs) across Scottish territorial waters: Of most relevance to the biodiversity agenda will be the Nature Conservation MPAs – for the conservation of Scotland’s most important marine biodiversity and geodiversity features;
• The Marine (Scotland) Act 2010 (Consequential Provisions) Order 2010. This legislation extends the requirement for public authorities to make decisions in accordance with marine plans and also allows Scottish Marine Enforcement Officers to excercise powers outside the Scottish Marine Area.

Marine Strategy Framework Directive

The European Commission’s Marine Strategy Framework Directive aims to achieve Good Environmental Status in Europe’s seas by 2020. Defra are working with stakeholders to find the best way of achieving the Directive’s outcomes allied to the UK Government’s High Level Marine Objectives. Progress is documented in

• Marine Scotland Strategic Plan 2010-2013

• JNCC Marine Strategy Framework Directive

Protected Species and Habitats

• OSPAR guidance on threatened and/or declining species or Habitats
• Descriptions of Habitats on the OSPAR list of threatened and/or declining species and habitats.

Derived from international agreements (Convention on Biodiversity and OSPAR agreement) a network of ecological coherent marine protected areas is being developed in UK waters. The MPA network includes Natura 2000 sites; SSSIs; Ramsar Sites; MCZs and Scottish MPAs; (emerging NI MPAs or equivalent). JNCC has produced a useful guidance document explaining the Different Types of Marine Protected Areas being developed in UK waters.

NB: The term Marine Protected Area is used as both a term to collectively define a number of different protected sites (as detailed above).  This should not be confused with the MPA definition as used within the Marine (Scotland) Act 2010 where it is used more specifically to define a particularly type of protected site within Scotland.

The Marine Management Organisation have developed a Marine Planning Portal for England and Wales. The interactive map provides a useful tool for viewing the baseline conditions around the coast. MMO Planning Portal.

Other Guidance

• Guidance has been published for Good Management Practice for communicating with Stakeholders on the establishment and management of marine protected areas.
• Guidance Notes on The Offshore Petroleum Activities (Conservation Of Habitats) Regulations 2001

These guidelines apply to any oil and gas survey or shallow drilling activity and describe the PON14A application process.

Note – these Guidance Notes are currently being reviewed and updated in line with 2007 amendment Regulations.  

• Guidance on the Deliberate Disturbance of Marine European Protected Species - Draft Guidance for English and Welsh Territorial Waters and UK Offshore Waters

These Guidelines explain the requirements of the Offshore Marine Conservation (Natural Habitats &c.) Regulations 2007 and where a Wildlife Licence might be required. NB: These guidelines do not include Scottish Territorial Waters; guidance should be sought from SNH or the Scottish Government for activities in these areas.

Requirements for Consent

Further information and guidance relating to the consent requirements for some of the most frequent activities which apply within the UK oil and gas industry for the protection of biodiversity interests can be found on the:

• Seismic Survey - Acoustic Disturbance page
• Geological Survey - Habitats Directive page
• Environmental Impact Assessment - Offshore page
• Habitats Regulatory Assessment page
• European Protected Species (EPS)- Wildlife consents/licensing page

see specific topic pages for further details

Not applicable

see specific topic pages for further details

see specific topic pages for further details

Not directly applicable.

The new marine licensing regime under the Marine & Coastal Access Act 2009 and Marine (Scotland) Act 2010 entered into force on 1 April 2011.

Key Organisations

Key organisations involved in protection and enhancement of biodiversity comprise:

Natural England: http://www.naturalengland.org.uk
Scottish Natural Heritage: http://www.snh.gov.uk
Joint Nature Conservancy Council: http://jncc.defra.gov.uk

OSPAR launches the Quality Status Report 2010 on 23 September 2010 this will guide OSPARs future work and strategies.

OSPAR Minister protect the North East Atlantic deep sea treasures