Section 9

The appropriate authority, the nature conservation bodies and, in relation to the marine area, a competent authority must exercise their functions which are relevant to nature conservation, including marine conservation, so as to secure compliance with the requirements of the Directives. Paragraph (1) applies, in particular, to functions under these Regulations and functions under the following enactments— the Dockyard Ports Regulation Act 1865 ; section 2(2) of the Military Lands Act 1900 (provision as to byelaws relating to the sea, tidal water or shore) ; Part 3 of the 1949 Act (nature conservation); the Harbours Act 1964; section 15 of the Countryside Act 1968 (areas of special scientific interest) ; Part 2 of the Control of Pollution Act 1974 (pollution of water) ; Part 1 (wildlife) and sections 28 to 28S and 31 to 35A of the WCA 1981 (which relate to sites of special scientific interest) ; the Water Resources Act 1991; the Land Drainage Act 1991 ; the Sea Fisheries Acts within the meaning of section 1 of the Sea Fisheries (Wildlife Conservation) Act 1992 (conservation in the exercise of sea fisheries functions) ; the Natural Environment and Rural Communities Act 2006 ; the Planning Act 2008; the Marine Act, in particular any functions under Parts 3, 4, 5 and 6 of that Act (marine planning, marine licensing, nature conservation and management of inshore fisheries, respectively); ... the Natural Resources Body for Wales (Establishment) Order 2012 , where the functions are exercised for purposes related to nature conservation ; and the Infrastructure (Wales) Act 2024. Paragraph (1) does not apply to functions exercisable under or by virtue of Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery). Without prejudice to the preceding provisions, a competent authority, in exercising any of its functions, must have regard to the requirements of the Directives so far as they may be affected by the exercise of those functions. The duties in paragraphs (1) and (3) do not apply to functions under regulation 68A (compensatory measures for relevant offshore wind activity in the Scottish inshore region). The duties in paragraphs (1) and (3) do not apply to functions under regulation 68ZA (compensatory measures: relevant offshore wind plans or projects). Paragraph (3) does not apply to functions exercised by a competent authority in connection with an environmental delivery plan within the meaning of Part 3 of the Planning and Infrastructure Act 2025. The reference in paragraph (1) to the appropriate authority— to the extent that that paragraph applies in relation to Scotland, includes the Secretary of State exercising functions in relation to Scotland; and to the extent that that paragraph applies in relation to Northern Ireland, includes the Secretary of State exercising functions in relation to Northern Ireland. In complying with their duties under paragraphs (1) and (3), the nature conservation body and a competent authority must have regard to any guidance issued under regulation 3A(4)— by the Secretary of State, in relation to England; or by the Welsh Ministers, in relation to Wales. In paragraph (1), “marine area” includes— the Northern Ireland inshore region; and the Scottish inshore region.

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Source: legislation.gov.uk · retrieved 2026-07-30